Querin Law

Phil Querin Q&A: Two Questions on Plumbing

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?

 

 

Answer A: First, the MHCO Lease cited above addresses this. Not fixing the leaks, which are their responsibility to do, is a violation. Secondly, ORS 90.740(f) requires that tenants “(u)se electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems.

Phil Querin Q&A: Tree Liability

Trees, Limbs and Roots – Liability Issues

 

Question:  .  What is the landlord’s responsibility when it comes to trees falling on a tenant’s house. Does it make a difference if it is a hazard tree vs. not a hazard tree? What about roots crossing over a space and causing damage to the home on the tenant’s space or the neighbor’s space? What about tree damage that is weather related?

 

Answer: First, it must be noted that since tenants are not “owners,” and therefore, the caselaw and statutes that might apply to the latter do not necessarily apply to tenants in manufactured housing communities where the Spaces are rented.

Phil Querin Q&A: Adding New Occupant to Rental Agreement; Rent Increases in First Year

Question: My tenant wants to add another person to their Rental Agreement. This new person has completed their application and has been approved. Do I add them to the existing rental agreement?  I plan a rent increase in six months; will that be a problem for me with this new tenant?

 

Answer: There is no need to create a new rental agreement unless there is a good reason. A “good reason” might be because the existing rental agreement is old and outdated.

Phil Querin Article: Changes to Applicant Screening Procedures

 

HB 2680 makes several changes to the procedure for tenant screening under ORS 90.295. These changes will be updated in the MHCO Forms.

Screening Notice. The law specifies that upon completion of an applicant’s screening by a screening company or consumer credit agency, the landlord must provide the prospective tenant with confirmation of the screening and a receipt for the screening service from the company and/or agency.

 

Changes to Tenant Screening Notice. If a landlord intends to charge an applicant for screening, the landlord must provide notice of various information related to screening and landlord policies (see MHCO Form 1B). One of the things an applicant must be notified of is the landlord’s commitment to non-discrimination.

Phil Querin Q&A: Trespassers on Community Property

 

Question. When I try to trespass people off of park grounds, the cops refuse to do so based on the reasoning that they could be invited there by a resident, and they (the cops) have no way of knowing. I have dealt with this issue in numerous parks throughout Oregon, so I know I am not the only one. What can we do?

 

    Answer:  I will address this in a series of suggestions which will hopefully provide some answers and/or approaches. First, remember that park property is private property. The landlord owns the spaces and common areas, and the residents own their home.

    Phil Querin Q&A: Fences, Damage, and Landlord Liability

     

    Question. I am looking for information dealing with fence liability between landlords and tenants, and between tenants and other tenants.

    Our Park Management has not put up any fences. All fences were installed by current and past tenants. Generally, my questions relate to the duty to maintain these fences, liability from trees (hazard and otherwise), and repair issues and fences that were installed by past vs. current tenants.

     

    Answer:  This is a very broad question, which is why the answer will have to be general. What follows are some of the major issues that occur.

    Rent Increases Before New Rent Control 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?

     

    Answer: Currently, ORS 90.600(2)(b) limits rent increases to 7% plus CPI (“Cap”) for any 12-month period.

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