Querin Law

Phil Querin Article: Terminations for Cause (Continuing vs. Distinct Violations)(MHCO Forms 43 & 43A)

 

 

The Basics. Except where the physical condition of the home is at issue, a landlord may terminate the space rental agreement by giving the tenant not less than 30 days’ notice in writing if the tenant:

  1. Materially violates a law related to the tenant’s conduct as a tenant;
  2. Materially violates a rental agreement[1] provision related to the tenant’s conduct as a tenant and imposed as a condition of occupancy; or
  3. Is classified as a level three sex offender under ORS 163A.100.

 

Termination for Continuing Violations. In manufactured housing communities, the type of conduct that would make a tenant subject to this 30-day termination notice is the failure to maintain the space which is required under the rules or rental agreement.

Phil Querin Q&A: Child Care Facilities in Oregon Manufactured Housing Parks

 

Question:   Oregon passed a law last year that prohibits housing providers from implementing community rules prohibiting residents from having daycare facilities in their homes.  Among other things, the law states that housing providers can require residents with these facilities in their homes to provide proof of insurance.  However, I’m unclear as to what type of insurance and how much we should be requiring.  At our park there are two residents offering daycare services in their homes and we’d like to follow-up and require liability insurance.  What type of insurance should we require of them and in what amounts?  Is there anything more we ought to be doing in response to this change in Oregon law?  Thanks. 

 

 

Answer:  First, a reminder. MHCO’s Q&As are provided as a member benefit for information only; they should not be relied upon as legal advice. You need to check with your own attorney on a detailed answer to your question.

 

Phil Querin Q&A: Increases in Utility Charges by Provider in Manufactured Housing Facilities

 

Question: I’m trying to clarify if an existing and lawful utility charge (e.g., sewer or trash), is increased by the provider, do we have to give advance notice of the increase to the residents before we can pass it through?

 

For example, if the garbage provider increases its rates from $32/mo to $34/mo for the same service, is management required to notify the residents in advance? And if no advance notice is required, but we get the increase from the provider after already passing through the lower charge, may we recoup the shortfall by sending out a “catch-up” notice to the residents?

 

Answer:  It you review the Oregon Revised Statutes in Chapter 90, the landlord-tenant section of the law, you will find no clear answer.[1]  The general rule is that landlords may pass through a utility provider’s charges[2]

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.

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