Question: We have a situation at our park that we have never encountered. We have been dealing with a resident who has certain complaints against management, and finally withheld his rent. We just issued a 72-hour notice to him, and after expiration of the 72 hours (plus three days, since we'd mailed the notice to him), we filed an eviction against him in court. He got an attorney, filed a number of counterclaims against us, and tendered the month's rent into court. What do we do?

Question: A mobile home park has a separate RV section. One long-time RV resident recently moved out because of illness, but left behind his RV, which is old and in poor condition. Does the park need to file an eviction action to clear out the space for a new tenant? What can the park do with the RV itself?

Question: We have a member who has three months' of checks from a resident that the manager has not deposited. The checks are for November, December, 2015 and January, 2016. The manager did not return the checks. So, are the checks considered accepted by the landlord even though they have not been cashed?

Question: As a community owner, is it best to start selling the carport/sheds to the new residents moving into the community or keep the carport/shed as the responsibility of the community? If I do sell the carport/shed to the new resident what's the downside? Also, what about the carport/sheds that 2 spaces share where one side is owned by the resident and the other side is owned by the community? Can I sell the carport/shed to current residents and what condition should the carport/shed be in when they are sold to the resident and do I need to reduce their rent and by how much?

Question: Can you provide us with a "Check-List" of issues we need to be aware of when we learn that a resident living alone in the community dies.

Question: Our rental agreement provides that rent is due on the first of the month, and late on the fifth. Rent may either be mailed to, or dropped off at, the manager's office. Occasionally, we have residents mailing their rent checks on or before the fourth (based upon the postmark), but they are not received until the fifth or later. In those where we receive the rent check on the fifth or thereafter, can we assess a late charge?

Related to this, after we issue a 72-hour notice, we have a separate (unrelated) company that takes over, preparing, filing, and serving the eviction complaint. Frequently, before the first appearance, the resident agrees to pay the rent. When that happens, what court costs and fees are we entitled to recover?

Question: We have an RV park with quite a few long-term tenants. Our problem tenant ("Kris") has been here for for what seems like ages. This time every year around the holidays, Kris has a whole group of elves stay with him for a couple of months and they never register as guests. He claims he needs a "reasonable accommodation" for them because he has a bad back and they help him do a lot of lifting. He also brings in a herd of reindeer (Kris doesn't have a pet agreement), and he parks a red sleigh on the street (where parking isn't allowed). What can we do?

Question: What are a landlord's rights against a lienholder who, following a tenant abandonment, signs the storage agreement, but fails to maintain the space? What notice should the landlord give? Do we have to start the abandonment notification all over again?

Editor's Note: Earlier this year MHCO passed significant changes to Oregon's abandonment law in the Oregon Legislature. To assist MHCO Members with these changes, MHCO has developed three new forms as a result of the new abandonment law: The new forms are: MHCO Form 31A "Declaration of Intent"; MHCO Form 31B "Declaration of Compliance"; and MHCO Form 31C "Declaration of Sale". Attorneys Phil Querin and Mark Busch provided input as well as the Oregon Department of Revenue. Below is Phil Querin's explanation of the changes to Oregon's abandonment law. Further clarification will be provided in the 2016 MHCO Management Training Seminars and future "Question and Answer" sessions with Phil Querin.

Current Oregon Law. ORS 90.675(14) provides that following the public or private sale of an abandoned home, a landlord may deduct from the proceeds of the sale the reasonable or actual costs of notice, storage and sale and the unpaid rent. If any funds remain, the landlord is required to remit the excess proceeds to the county tax collector to the extent of any unpaid property taxes and assessments owed.1

However, if one of the following circumstances apply, the county tax collector is required to cancel all unpaid property taxes and assessments:

1. The landlord destroys or disposes of the home after a determination from the assessor that its current market value is $8,000 or less;

2. The sale was held, but there was no buyer of the home;

3. There is a buyer of the home; its current market value is $8,000 or less; but the

   proceeds of sale are insufficient to satisfy the unpaid property taxes and assessments owed after distribution of the proceeds for the landlord's actual cost of notice, storage and sale and unpaid rent; or

4. The landlord buys the home at the sale; its current market value is more than $8,000; the proceeds of sale are insufficient to satisfy the unpaid property taxes and assessments; and, the landlord disposes of the home.

Editors Note: Earlier this year MHCO passed significant changes to Oregon's abandonment law in the Oregon Legislature. MHCO has developed three new forms as a result of the changes in abandonment law: MHCO Form 31A "Declaration of Intent"; MHCO Form 31B "Declaration of Compliance"; and MHCO Form 31C "Declaration of Sale". Attorneys Phil Querin and Mark Busch provided input as well as the Oregon Department of Revenue. Below is an explanation of the changes to Oregon's abandonment law. Further clarification will be provided in the 2016 MHCO Management Training Seminars and future "Question and Answer" sessions with Phil Querin.

Current Oregon Law. ORS 90.675(14) provides that following the public or private sale of an abandoned home, a landlord may deduct from the proceeds of the sale the reasonable or actual costs of notice, storage and sale and the unpaid rent. If any funds remain, the landlord is required to remit the excess proceeds to the county tax collector to the extent of any unpaid property taxes and assessments owed.1

However, if one of the following circumstances apply, the county tax collector is required to cancel all unpaid property taxes and assessments:

1. The landlord destroys or disposes of the home after a determination from the assessor that its current market value is $8,000 or less;

2. The sale was held, but there was no buyer of the home;

3. There is a buyer of the home; its current market value is $8,000 or less; but the

   proceeds of sale are insufficient to satisfy the unpaid property taxes and assessments owed after distribution of the proceeds for the landlord's actual cost of notice, storage and sale and unpaid rent; or

4. The landlord buys the home at the sale; its current market value is more than $8,000; the proceeds of sale are insufficient to satisfy the unpaid property taxes and assessments; and, the landlord disposes of the home.