MHCO Legal Counsel

Phil Querin Q&A: Multiple Rent Increases Within One Year - More on Rent Increases Under Rent Control

 

Question:  I gave a 5% rent increase in June 2019.  Can I do another rent increase again in September 2019?  If I can, how much more can I give?  If I did not give any rent increases in 2019 can I still do those increases in 2020 plus what I what is allowed in 2020?  Are rent increases based on calendar year? 

 

 

Phil Querin Q&A: Resident Leaves State - Appropriate to Mail 72 Hour Notice?

Question. A resident recently moved out of state.  The landlord wants to mail a non-payment of rent notice, and would like proof that the notice was received by the resident.  Can the landlord mail the notice as a "Certificate of Mailing"?

 

 

Answer:  If the tenant has left the home, this does not mean that the landlord’s non-payment of rent notices must follow the tenant around the country in order to be effective.  Rather, in cases where the tenant apparently abandons the home (or at least is ignoring his/her space rent responsibilities while gone), the landlord should send the 72-hour notice to the tenant at the tenant’s space.  If the tenant has anothe

Phil Querin Q&A: Termination of Manager Occupying A Park-Owned Home

Termination of Manager Occupying  A Park-Owned Home

 

Question: As our on-site community manager is living in a park-owned mobile home (POH), consistent with his job duties, rent free.  His employment paperwork is legal and minimal, and no rental agreement was included in his hire packet.  Each month, he receives a rent credit equal to the total rent & utility charges, so he pays no rent as part of his compensation package.  His pay stub does not include a housing allowance, and he does not pay the company rent for the home.

 

How do we proceed with termination and eviction?   For future reference what documentation should a community owner have in the employment packet? 

 

Answer:  Below is the relevant statute. Note it is NOT found in the landlord-tenant law (ORS Chapter 90), so many managers don’t see them; they are found in ORS Chapter 91.

 

91.120 Eviction of employee; notice required. An employee described in ORS 90.110 (7)[1]may only be evicted pursuant to ORS 105.105 to 105.168 after at least 24 hours’ written notice of the termination of employment or a notice period set forth in a written employment contract, whichever is longer. This section does not create the relationship of landlord and tenant between a landlord and such employee. (Emphasis added.)

 

So, check your manager’s employment contract to see if it addresses continued occupancy after termination. If it says nothing, then minimum amount of time you must give is 24-hours. The statute couldbe read to mean that the written 24-hour termination of employment is sufficient notice. However, I would suggest that when you terminate the manager you alsoissue a written notice of termination of their occupancy. 

 

The manager is not a “tenant” for purposes of ORS Chapter 90, so you don’t need to worry about adding three days for mailing etc. I would try to have the termination of employment and the termination of occupancy hand delivered. 

 

If you have questions about the termination of employment, you should contact an employment attorney. As for the termination of occupancy, all you need to say is the following:

 

 

 

DATE & TIME OF DELIVERY: _________________________

 

Pursuant to ORS 91.120, please regard this as notice of formal termination of your right of occupancy of [address]:_______________________________________ (“Premises”).  Please vacate the Premises no later than 5:00 PM on the ___ day of ________________, 2019 [Date and Time to be no less than24-hours from above date and time of delivery].  If you have any questions please contact your attorney.

 

[Signed]

______________________________

 

Make sure the notice gives a full 24-hours advance notice. Certainly, unless there is reason for not doing so, you can always insert a longer period of time to vacate.  Don’t agree to any extensions without it being in writing.

 

If the ex-manager refuses to vacate, you may append the notice to the standard court-issue summons and eviction form and have it served. The eviction process would be the same as if you were evicting a park tenant. The only thing different is that ORS Chapter 90 does not apply.

 

I think it’s important that your employment agreement makes clear that (a) the manager’s occupancy of the park-owned home is conditioned upon their continued employment, and (b) that upon termination of employment you have the right to terminate their occupancy under ORS 91.120 with not less than 24-hours’ notice.

 

Note that ORS 92.120 assumes the manager doesn’t own the home. If he or she does own the home, it’s a far different equation in my opinion. If that is the case, it would seem their continued right of occupancy should be addressed in the employment agreement, since otherwise, the ex-manager could morph into a “tenant” under ORS Chapter 90 if they started making payments monthly space rent. If you are thinking about hiring a current tenant as a manager, you should consult your attorney for directions as how to fashion the employment agreement.  

 

[1]Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: *** (7) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises. However, the occupancy by an employee as described in this subsection may be terminated only pursuant to ORS 91.120 (Eviction of employee).

 

Termination of Manager Occupying  A Park-Owned Home

 

Question: As our on-site community manager is living in a park-owned mobile home (POH), consistent with his job duties, rent free.  His employment paperwork is legal and minimal, and no rental agreement was included in his hire packet.  Each month, he receives a rent credit equal to the total rent & utility charges, so he pays no rent as part of his compensation package.  His pay stub does not include a housing allowance, and he does not pay the company rent for the home.

 

How do we proceed with termination and eviction?   For future reference what documentation should a community owner have in the employment packet? 

 

 

Answer:  Below is the relevant statute. Note it is NOT found in the landlord-tenant law (ORS Chapter 90), so many managers don’t see them; they are found in ORS Chapter 91.

 

Phil Querin Q&A: Applicant Buys Home, Qualifies for Residency, Disappears Without Signing Rental Agreement

Question: We have an applicant who was pre-approved for residency, then purchased a home but did not show up to sign the rental agreement or moving into the home. We learned the reason for not showing up was that he had been recently arrested for multiple counts of identity theft and is also being investigated for drug activity.

Phil Querin Q&A: Security Camera Stolen - 30 Day Notice or 24 hour Notice

Question: A community’s security camera taped one of the residents one night cutting the line and stealing the camera.   The landlord wants to give a 30 day notice.  Any issues the landlord should be aware of since it was video-taped?  If the accused resident does nothing wrong again in the community after the 30-day notice has been served - then he gets to stay correct?  Even though he does not return the camera or pay damages?

Answer:  This is really a 24-hour notice issue.  The applicable statute, ORS 90.396, gives you the right to issue a non-curable 24-hour notice.  The theft constitutes (in my opinion) "outrageous conduct,” for which the notice may issue.[1]  However, it is true that the statute states that a landlord should not issue a 24-hour notice if a 30-day curable notice would suffice.  I suggest that you talk to the resident and tell him he's got two cho

Phil Querin Q&A: Applicant Has Criminal Background Concerned About Accepting as Temporary Occupant

Question. A guest has applied for temporary occupant status in our park.  He has a lengthy criminal record and we are concerned about approving him as a temporary occupant.  When we informed him, he claimed that he could not be denied because of prior criminal activity from 10 years ago.  He also said that since the community does not require a background checks for ‘guests’ he would stay with different friends throughout the park for 14 days and then move to another friend in the park.  Two questions - can we still deny based on a criminal record from 10 years ago - our screening criteria clearly says we can.  And what do you do if he starts ‘couch surfing’ every 14 days with a different friend in the park?

 

 

Phil Querin Q&A: Leaky Water Pipes and Clogged Sewer Lines

Two Questions:

Question A: We have a Tenant who has refused to fix the water leaks within their mobile home. The park owner pays for the water and there have been significant cost increases due to the leaks.

The Lease is the MHCO Lease from 2003 and states under Tenant Agreements F. 'Maintain the Home in accordance with conditions set forth in Paragraph 12.A(8)(a) through (e) which states in (d) all electrical, water, storm water drainage and sewage disposal systems in, on, or about the Home, are in operable and safe condition, and that the connections to those systems have been maintained.'

What recourse do we have in this situation?

Question B: We have a tenant whose sewage line is routinely blocked. We have had a plumber our numerous times and unclogged resident's sewage line. We have repeatedly told this resident that they cannot put certain items in the toilet - and yet they continue to do so and block the sewage line. Does this constitute grounds for eviction? At what point is the resident responsible for the sewage line and the items they are putting in the toilet?

 

 

 

Phil Querin Q&A: Installing Security Cameras In Communities

Question: We have recently had a rash of suspicious people in the park in the middle of the night, which has been making several of the residents nervous. About a week ago, somebody came in and boldly stole a small utility trailer out of our RV storage lot. No-one lives in this lot; it's purely for storage of residents' RV's, boats, trailers, etc. I say boldly because the lot is fairly well lit.

Since this has happened, we are now considering putting it a security camera system in the park. My concern is, by doing so would that make me more liable if something gets stolen? We have always told the residents that we do not provide security, but there is inherent security in living in such close quarters. What I don't want to happen, is I put a security system in, something gets stolen, and I end up liable for the theft.

 

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