MHCO Forms Changes For Pets

Introduction: MHCO has several forms that deal directly and indirectly with pets. In July, 2024, several changes/updates were made to them. Below is a summary:

 

 

  1. Form 21 Pet Agreement. The form now includes a “Notice of Rights Under ORS 90.530” which summarizes management’s rights and restrictions. It is contained at the top of the first page so it can’t be missed. Generally, it informs residents about the landlord’s right to control pet activities, the maximum of $50 on fines, and liability insurance.

 

Phil Querin Q&A: Home Fire in the Community – Rights, Duties and Liabilities

Question: A home burned down over the weekend in my community.  What are my rights and responsibilities?  How does the scenario change depending if the resident has or does NOT have insurance?

Answer:   This is a good question, and all too frequently ignored by owners and managers. The first question is whether the issue is addressed anywhere in the community documents, i.e. the statement of policy, rules, or rental agreement. Likely not.

Phil Querin Q&A: Partial Rent Payments

Question: What are the rules that apply if the landlord agrees to accept rent in an amount less than required under the Rental Agreement?

 

Answer: This was covered in a December 2016 MHCO Article. The major change in the law since then was due to the elimination of 72-hour notices of nonpayment of rent. Now a 10-day notice must be issued. (MHCO does not have a form for 144-hour notices, but it too has been eliminated.

Phil Querin Article : Tips for Preparing Bulletproof Notices

 

Always Assume The Matter Will Go To Court

 

While most legal notices will have their desired effect – e.g. the tenant will pay the rent, or maintain the space, or do what is necessary to comply – there are a small number of tenants who will fight. Of those who fight, some will secure an attorney. Most attorneys know that the easiest way to win is to attack the notice for some deficiency. If the notice is legally insufficient, the landlord’s case will fail without any examination of the merits of the case. The failure to win in court oftentimes leaves management with an unmanageable tenant.

 

Accordingly, when landlords and managers prepare notices, they should always assume that the notice will be contested. This approach is the best protection landlords have in securing compliance in those cases where the tenant decides to fight.

 

What does it mean to draft a notice as if the matter will go to court? It means that someone – the judge or jury - will be scrutinizing the document. It means making sure that everything is filled out correctly before mailing or delivering it. It means using a form, if one is available, rather than hand-drafting a notice. It means making sure that the proper form is used. In some circumstances, it may mean having your attorney review the form before sending it out.

 

 

Always Use A Calendar

 

Phil Querin Q&A: Bad Tenant Applies for Temporary Occupant

Question:  A former tenant who signed over his mobile but left the Park with almost $8,000 in back rent, unpaid property taxes and attorney fees is now applying to be a Temporary Occupant in a neighbor’s home.  Is there any way I can prevent him from living in the Park? If I deny him temporary occupancy, I’m afraid he will say he will be serving as a care giver for the current tenant.  What can I do?

 

Answer:   Does the former tenant have issues other than his lack of fiscal responsibility?  You could prevent him from being a temporary occupancy based upon prior conduct, etc., but not regarding his failure to pay rent, since “in theory” a temporary occupant is not one who is sharing rent, etc.

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