MHCO Legal Counsel

90-Day Rent Increase Notices Sent Before 2023 Legislation Becomes Law

Question:  All indications are that the 2023 legislature is going to revisit the rent increase formula currently in effect, and once passed it would likely become law immediately upon the Governor’s signature. How can landlords deal with having already issued a September 2022 90-day rent increase notice if the 2023 rent cap is legislatively reduced before the landlord’s previously-issued September 2022 increase goes into effect?

Introduction. First, let’s start with the basics: There are two main types of property, real and personal. (There is a third category, a hybrid actually, called a “fixture,” which was originally personal property that when securely attached to the real property becomes a part of it. Removal would cause damage to the structure. Fixtures transfer with the structure unless removed by pre-agreement before closing of the sale. In residential housing, attached light fixtures are the main example.) For purposes of this article, we  will ignore fixtures.

Introduction. A recent ruling from the Oregon Court of Appeals should be of interest to landlords, including those owning manufactures housing communities. Many provisions in the Oregon Landlord-Tenant Act apply a multiplier for the landlord’s violation of a statute.

A case in point is 90.315(4), a utility billing statute which allows that aggrieved tenants may recover the greater of “one month’s periodic rent or twice the amount wrongfully charged” for each individual violation. In Shepard, the plaintiff sought to apply the statute in an ongoing manner for every month the alleged violation existed. It does not require a calculator to conclude that an alleged violation that existed for 12 months (the statute of limitations under the Act) can amount to a sizeable claim against the landlord – and especially so if brought as a class action on behalf of the entire Park.

Holding. In late July 2022, the Oregon Supreme Court issued its ruling in Hickey v. Scott, 370 Or 97 (2022) that addressed the application of ORS 90.394(3).[1] The Court ruled that when issuing a termination notice for nonpayment of rent, the landlord must specify the “correct amount due to cure the default.” Hickey, 370 Or at 101. If the court determines that the tenant owes a lower amount than the amount specified in the notice, the court must dismiss the FED.

Question 1 The law and MHCO ocupancy agreement both state that a landlord can screen an occupant for conduct or criminal history but not for credit history or income level.  If after screening a temporary occupant, the findings reveal that they have civil case(s) and/or eviction matters relating to previous rental history where the derogatory rental reference is financial (not necessarily bad personal conduct).  Can this be grounds for denial? 

Question: Is it permissible for a manager to pass on to tenants third-party billing fees for submetering?

Question: What can you tell me about ORS 94.762 requiring landlords to install the infrastructure for Electric Vehicle charging stations in manufactured housing communities, RV parks and floating home communities?  Is the impact and responsibility of the landlord the same in each of those housing options?

Question:  I am wondering if you can tell me how to get rid of an abandoned vehicle in our community? I have legally evicted some tenants from an owner owned home. They finally left, but I need to know how to get rid of the vehicles they left behind.

Question:  Can you evict for no cause in an RV park on a month-to-month rental agreement?

Question:  We have sub-metered water and are sending tenants monthly water bills. May I charge them a late fee for failure to pay the bill on time? If so, how do I go about notifying them?