Question: We have had to file two consecutive FED Complaints against a resident. The day before the first appearance for each case, the resident tender the rent that was due, although he did not pay the court fees of $115.00. After two months of this, he owes us $230.00. He promises to repay this amount but does not. Now rent is due for January, 2017. We are sure the same thing will happen again. How can we collect the court fees?
Question. We are a 55+ community. One of our residents has a lot of family coming in and leaving from early morning until late at night. This resident also has two Temporary Occupants living with her, one of her daughters and her husband. The resident also has a granddaughter with three children that are brought to the house on a daily basis by her and one of the Temporary Occupants. It has been brought to my attention recently that the children are basically living there and staying over at least 5 nights a week. (The two older kids are school age and come to the space after school, but the youngest child is there all the time.) I am told by another family member the mother of these children is homeless and goes and stays with someone else at night, but does not take the children with her.
My question is because we are a 55+ community what can I do, if anything, to stop them from babysitting the children at the residents which is causing a disturbance to the neighbors' peaceful enjoyment of the community? I have received written complaints from some of the neighbors stating that the comings and goings is disturbing them. Because these children do not meet our age requirement to live here, what steps can I take to stop the daily babysitting and staying the night? One of the neighbors recently told me she is going to put her home on the market for sale because of this issue."
Question. We are a 55+ community. One of our residents has a lot of family coming in and leaving from early morning until late at night. This resident also has two Temporary Occupants living with her, one of her daughters and her husband. The resident also has a granddaughter with three children that are brought to the house on a daily basis by her and one of the Temporary Occupants. It has been brought to my attention recently that the children are basically living there and staying over at least 5 nights a week. (The two older kids are school age and come to the space after school, but the youngest child is there all the time.) I am told by another family member the mother of these children is homeless and goes and stays with someone else at night, but does not take the children with her.
My question is because we are a 55+ community what can I do, if anything, to stop them from babysitting the children at the residents which is causing a disturbance to the neighbors' peaceful enjoyment of the community? I have received written complaints from some of the neighbors stating that the comings and goings is disturbing them. Because these children do not meet our age requirement to live here, what steps can I take to stop the daily babysitting and staying the night? One of the neighbors recently told me she is going to put her home on the market for sale because of this issue."
Waiver of Termination of Tenancy. A landlord waives the right to terminate a rental agreement for a particular violation of the rental agreement or of law if the landlord:
Question: A home was purchased by a local dealer from a resident who had not paid rent for several months. The dealer then sold the home to another person who applied for tenancy and passed the screening criteria. The landlord wants the past due rent ($900) paid before permitting applicant to move into the home. Can the landlord go after the dealer to pay the past due rent? Can the landlord keep the applicant from moving in until the $900 is paid? Should the landlord have given some notice to the existing tenant, the dealer, and/or the prospective tenant, regarding how the unpaid rent should be handled? What about other expenses the tenant who sold the home ran up, such as utilities, late fees, maintenance clean up expenses, etc.? What do you suggest as far as notices to the dealer stating the amount of money owed? The dealer is not the lien holder.
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 have resident leaving the community. His wife left the park six months earlier due to divorce. How does the manager handle the deposit? Does the ex-wife get the entire check? What else should the manager be concerned with in this situation?
The eviction process can be daunting to those landlords and managers who rarely, if ever, have been involved in the unpleasant task of trying to remove a tenant from a community. An eviction (formally known as a "forcible entry and detainer" or "FED") is an expedited legal procedure designed to allow landlords to obtain possession of their property through the court system. When the eviction involves a space at a manufactured housing community, it is the space, not the home, that is returned to the landlord. Following a successful eviction, the court will render a "judgment of restitution" to the landlord. This means that the space will be restored back to the landlord and the tenant's right of possession to the space has been taken away. However, this leaves the issue of the manufactured home sitting on the space. Does an evicted tenant have any further rights to the home, and if so, how are those rights exercised? It is the abandonment process described in ORS 90.675, that addresses this issue, as we will discuss below. The rule to remember, however, is that once the court has granted the eviction, i.e. awarded the landlord a "judgment of restitution" the only legal way for the home to be removed or resold is in accordance with the abandonment process described in ORS 90.675.[1]
Question: A resident stops by the manager's office on the 5th of the month and offers to pay $150 of the $350 of rent that is due, and promising to pay the remaining $200 by the 15th of the month. The tenant claims that the landlord must accept the partial payment. What are the landlord's options? Can the landlord refuse the partial payment? Where do you draw the line - say a 72 hour notice has been issued - does that change the partial payment scenario?
The Americans With Disabilities Act ("ADA") prohibits discrimination against people on account of disability. Title III governs places of "public accommodation" and affects certain areas of mobile home and RV parks. In a nutshell, a "public accommodation" is any place to which the public is invited. For a typical mobile home park, this would at least include the leasing office, the parking lot for the leasing office, and an accessible pathway connecting them. These are "pubic use facilities." If a mobile home or RV park has short-term (i.e. daily or weekly) RV space rentals, the entire park could be considered a public accommodation, in which case the park would need to comply with the ADA.