Phil Querin Q&A: Abandoned Home with Lots of Deferred Taxes

Question: We are currently dealing with an abandoned home where the tenant has passed away and he was in a "Senior Tax Deferral" program through the Oregon Dept. of Revenue ("DOR"). According to our county tax collector the deceased tenant's account is current, since the DOR has paid them ever since the tenant entered the program in 1999. A title search on the home has the DOR listed as a lien holder. My question is if and when the abandoned property is sold at a private auction and we (the Landlord) win with the highest sealed bid, are we liable for the taxes in the program? Are they considered already paid? Is the DOR simply a lien holder or are they considered a tax collector? Side note: According to the tax collector, this home is valued at approximately $20,000.

Phil Querin Q&A: Tree Outside of MHC Damages House inside MHC

Question: While doing an inspection with my manager, she showed me a large tree branch that had fallen onto a resident's home in our park. The issue here is that the tree is located on neighboring land and not in our community. The resident whose home was damaged had an arborist out to view the tree and said that the tree was a hazard. What rights and responsibilities do we have in a situation like this?

Phil Querin Q&A: Resident Over Pays Rent - How to Account for Late Fees

Question. We had a situation come up recently that we would like your opinion on. With this particular lease, rent is due on the 1st and a late fee is assessed if not received by midnight of the 5th. We send 72-hour notices on the 8th of the month at the earliest. In this situation, a tenant has purposely over-paid rent on a number of payments in order to build up a credit balance with us. He has accrued several late fees that have been assessed due to late payments after the 5th of the month - but before a 72 hour notice is ever sent. We recently deducted the accrued late fees from the credit balance he had built up. Because there was still a credit balance showing on his account after deducting the late fees, we did not send him any further notices about the late fees being assessed or deducted. He is now claiming that it was illegal to deduct the late fees from the credit balance without our sending him a notice or invoice. Your thoughts? 

Phil Querin Q&A: Community Owner Providing Tenant Association Information on Residents

Question. A resident of our community has asked for a list of all the other residents' names and addresses, so that she can contact them to set up a homeowners association. While I don't have an objection to the formation of a tenant association, I am concerned that giving out residents' names and addresses might violate some tenant rights on our part. Can you help?

Phil Querin Q&A: Trees - Liability and Responsibility

Question. Our community is relatively small and the spaces are oversized. Large trees are located on many of them. Occasionally, a resident asks us to thin or top some of the trees on their space, because of fear that during high winds they could break, damaging homes and injuring people. I have been under the impression that tree maintenance is a tenant responsibility under Oregon law. If so, what is our liability if tree limbs -- or entire trees - break during bad weather?

Phil Querin Q&A: Partial Rent Payment & Allocation to Utilities, Fees etc.

Question: Increasingly some of our residents are bringing only partial rent payments. So how does a partial payment get allocated when some of the payment includes utilities? For example, if the rent is $650 including a certain amount allocated to utilities, how does the landlord handle this? Pay the rent portion and then go after the utility payments via a 30 day notice?

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