Phil Querin Q&A: Recovery of Cost and Fees When Tenant Tenders Rent After FED Filed

Question:  I have an issue regarding late payment of rent where I own both the home and the space.  The rent is constantly late. After I file for eviction the tenant either pays before the court hearing or at the hearing.  I am then stuck with the filing fees and service fees.  What are my options?

 

Answer:   Let’s start from when you filed you eviction in court. The First Appearance is the time noted in the Summons for both parties to appear in person (or via Zoom). If you and tenant both appear, the judge will likely encourage the parties to reach an agreement and report it back to the courtroom.

Phil Querin Article: Follow-Up Questions and Answers Oregon New Rent Control Law

Four additional questions and answers regarding Oregon's new rent control law.

1. Question:  I am using MHCO leases that I will renew in three years.  The leases provides for a rent increase each year of the lease of 4.5%.  Going forward, can I now increase rent 6% each year that is left of the lease or do I have to stick with the 4.5%?  

2. Question: We have storage agreements that we are planning to raise the storage fees.  Are we limited to 6% increase on storage fees?

3. Question: If I send an increase notice next month that is effective January 1, 2026, can we increase the rent 10% since the notice was sent prior to September 1, 2025?  As long as the notice is sent out by September 1, 2025 is there a limit to how far out that the rent increase is effective?

4.   Question: .  It appears that the new laws apply to RV parks, as the RV Space Rental Agreement includes the rent control parameters.  Correct?

 

 

1. Question:  I am using MHCO leases that I will renew in three years.  The leases provides for a rent increase each year of the lease of 4.5%.  Going forward, can I now increase rent 6% each year that is left of the lease or do I have to stick with the 4.5%?  

DO Keep Good Records to Counter Discrimination, Retaliation Claims  - DON’T Neglect Your Paperwork 

 

Good recordkeeping is essential to your success in fending off fair housing claims when dealing with residents who break the rules. If challenged, you’ll need proof that you had legitimate, nondiscriminatory reasons for taking action against the resident—that he in fact broke the rules—and that you’ve consistently applied the rules against other residents for the same or similar misconduct.

Be prepared to produce your written policy detailing your community’s standard of conduct and documentation that the resident knew about it. To prove the resident violated the rules, you should have records about his payment history or complaints against him, including evidence about the frequency and severity of the problem behavior.

Mark Busch RV Question & Answer: Nonpayment Problems with RV Tenants

 

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action.

Question: Our park has some manufactured homes and some RV spaces. We are having problems with some of our RV spaces and late payments.  Can we use the “3-strikes” rent nonpayment rule?  If not, what can we do to avoid having to constantly deal with late paying RV tenants?

 

Answer:  Unfortunately, Oregon’s “3-strikes rule” only applies to mobile home park tenants who own their homes.  It allows parks to issue a non-curable, 30-day eviction notice to mobile home tenants if they accumulate three or more 10-day nonpayment notices within a 12-month period.  The rule does not apply to RV tenants or to tena

Phil Querin Q&A: The Statute of Limitations Under Oregon’ s Landlord-Tenant Law

 

Question: I'm in the middle of an eviction against a resident for nonpayment of rent and Legal Aid is claiming there is a statute saying I can only go back one year back for past-due rent. Is this correct?

 

Answer:  Yes. This is known as the “statute of limitations,” and it applies to virtually all claims. The reason is because there needs to be a cut-off date for claims.

DO Be Prepared for Potential Retaliation Claims - DON’T Crack Down Because of a Prior Fair Housing Complaint 

 

Even with solid evidence that a resident has broken your rules, you run the risk of a retaliation claim any time you take action against a resident who has filed a fair housing complaint against you.

Under the FHA, it’s unlawful to “coerce, intimidate, threaten, or interfere with” anyone who has exercised her rights under fair housing law—as well as anyone who has helped or encouraged someone to do so.

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