Querin Law

Question. Recently I learned that a resident/homeowner in our community had entered the military and was in basic training. The serviceman's partner is living in their home in our manufactured home community. The partner came to speak with me about selling their house as the partner will be moving to whatever base the serviceman is assigned, when basic training is completed. They are thinking they will sell in September. We don't know whether the Oregon Landlord-Tenant Law has any special provisions for service members. What can you tell us?

Question. We would like to institute a policy allowing us to do a background check on all guests who stay at a property for 14 days or more. Is there something in ORS Chapter 90 that gives the landlord this right? Would this have to be in the rental agreement or rules? Is it enforceable?

Question. I read some articles that MHCO published about trees, but am still seeking a little clarification about tree roots. Our situation is this: A long term resident has a very large tree on their space. I don't believe the tree was planted by them or their family. It is not a hazardous tree but does have a DBH of more than 8". The tenant recently reported a blockage with the sewer lateral on their space (not the main park line). We hired a company to clear the blockage which was tree roots. Is the park owner or the resident responsible for tree roots growing underground that affect a resident's plumbing? Is the resident's sewer lateral (and other underground utilities for that matter) considered their personal property and the repair or upkeep to keep roots clear the park owners responsibility? Any clarification you can provide is much appreciated.

Question.  What are a landlord’s rights when it comes to residents’ displaying signs on their spaces or homes that might be regarded as provocative or inflammatory by others, e.g. the display of confederate flags, gay flags, pro- or anti-Trump signs?  Can management prohibit them? What are the residents’ rights?

Question. What needs to be posted on the walls of our manager's office? Do fair housing posters need to be posted - screening criteria, etc.?

Under Oregon law, anyone, who for compensation, arranges or undertakes or offers to undertake or submit a bid to construct, alter, repair...for another, any building...structure, project...or improvement attached to real estate, is a "contractor." See, ORS 701.055(3) Although there are several exceptions to this law, the ramifications of this broad definition can have a significant legal effect on park owners and managers who have work performed in their community. Here are some general rules to avoid liability when working with contractors:

Question: We recently had an applicant (with a criminal history) that management rejected for an RV spot we had available. The criminal background check disclosed that the applicant had a prior burglary and criminal mischief conviction in 2008. He pled guilty and was given a 20-day jail sentence, with 18 months’ probation. He accepted our rejection without argument, but upon reflection, I’m concerned whether our manager may have been too hasty in light of the recent court rulings and Department of Justice pronouncements on how we should use criminal background information when one applies for housing.  Should we have handled this any differently?

When understanding tenant responsibilities in manufactured housing communities, it is important to remember those statutes found in Oregon's landlord-tenant law. One such statute, ORS 90.740, bears closer examination. Under this statute, there are several obligations that frequently are not contained even in the community's own rules. This means that even though the rental agreement or rules fail to address the issue, it is still something that the landlord may enforce if violated. Conversely, of course, if the rules or rental agreement impose less stringent requirements upon the tenant, those provisions in the community documents will control. What follows is a summary of the law:

Oregon landlord-tenant law is complicated.  And mistakes in understanding the law frequently work against landlords.  The basic rule-of-thumb to remember is that the written document which defines the landlord-tenant relationship must be complete and must be followed.  While Oregon law does contain some restrictions upon what landlords can put into their rental agreements,[1] generally, they are far better off commencing the rental relationship with a strong, clear and fair written document. MHCO has gone to great lengths in making sure that its forms meet these criteria.  What follows is a list of ten tips and traps to remember when using the MHCO Rental Agreement form.

Question: A park we manage has a tree on one of the lots whose roots are damaging the home owner's driveway, and the neighbor's driveway. In addition, it is also damaging the skirt of the home owner's residence. Our park rules say that all plants, including trees on a lot, are the responsibility of the home owner who is leasing the lot. The home owners are also responsible for installing and maintaining their driveways and carports. We had an arborist come out and assess the tree and it is not currently a
"hazard tree". The arborist advised against cutting the roots that are damaging the driveways as the tree would then lack adequate support and become a hazard tree. The question is, what responsibility, if any, does the Park owner have for the tree and or driveway damage? I am particularly wondering if ORS 90.730 (3)(g) has any relevance.