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Covid19, along with the social unrest this spring has taught us that emergencies can and will happen.  We need to be prepared for the matter of “when”, not “if”.  This virus and the riots have forced organizations to look inward and consider the safety and well-being of our employees and customers.   There has never been a better time to evaluate your resources, memorialize your “Lessons Learned”, and create an EAP (Emergency Action Plan). A little planning will go a long way in dealing with our current situation and will be valuable when (not if) we are presented with another emergency.  As leaders, we are expected to facilitate and execute these plans, as well as conducting a critical assessment to determine if we are ready for whatever may happen next.

Our role in residential property management requires us to have a responsible and sensible approach to keeping our staff and residents safe during critical times.  As I lay out the basics of an EAP and Disaster Plan, keep in mind that this plan is only as good as the training and accountability of each team member.  

Emergency Action Plans can be a simple written plan. EAP’s consist of:

1.   Lists of emergencies that can happen and how to approach them: fire, bomb threat, hazmat spill, earthquakes, medical emergency, flood, weather related issues (tsunami, wind, hurricane, etc.). 

2. Evacuation routes, location of fire extinguishers, location of first aid kits, wheelchairs, flashlights, and alarm systems. (should be inspected regularly) 

3. A written guide of who to call in case of an emergency including Managers, Maintenance Personnel, Regional/District Managers, and ownership. These numbers must be continually updated with employee turnover and chain of command established. 

4. Evacuation locations with a system to be used to ensure that everyone on the property is accounted for. 

5. Locations (addresses) of any disabled person who will need evacuation assistance.

6. Maps and locations of utility shut offs along with “how to” and the location of any special tools that may be necessary. (perhaps stored with the EAP)

EAP’s should be distributed to each employee as well as located in offices and workshops.  Each employee should receive training on the EAP during new hire orientation and sign that they have received the information. 

Disaster Plans:

This is a comprehensive plan intended to provide preplanned response to those unexpected or disastrous events such as:

Hurricane, Earthquake, Flooding, Terrorist Attacks, Active Shooter, Civil Unrest

Disaster Plans are prepared by the company with input from security companies, insurance providers, and risk management. This plan will focus on the immediate short-term needs of employees, residents, and the public. Maintaining communication, access, identifying the injured, and providing medical attention are key components to this chapter of the plan. Consideration should be made for long-term needs, food, shelter, and transportation.  Additional emphasis will be on the protection of the property and environment as well as the restoration of business to normal. 

It is necessary to evaluate potential hazards and assess potential harm to 1.) people 2.) environment, and 3.) property.

Identify the resources you will need for:

People- food, clothing, shelter, sanitation (water and toilets)

Property- protection from fire, flood, and further damage

Environment- identify controls needed to protect from further damage or release

Include instruction on how to establish your chain of command, establish your communication systems, implement medical services, and shutting down existing systems. Complete instructions on how to evacuate, locate auxiliary power, implement support systems, and how to perform post responsive activities (turning systems/utilities back on)

The most important component to any EAP or Disaster Plan is that you must train your employees and management team if you want a smooth disaster response.  Conducting drills will prevent panic and confusion during disasters and employees will know and understand their roles. 

If you feel like you have been ambushed by the events of 2020, you are not alone.  No EAP could have prepared us for the confusion and anxiety that we have experienced this year. We are all facing extraordinary circumstances where real world solutions are necessary in a workspace facilitated by Zoom.  Each of us has had to pivot our personal and professional plans, goals, objectives, and not to mention our budgets (do not get me started on rent deferrals!). As leaders, our teams are looking to us to respond and react appropriately with empathy and compassion. And we need to do this while taking care of ourselves and our own families.

I found a great reference by Navy SEAL leadership expert LT. Janson Redman.  He writes about how to thrive under a “life ambush”, anything that leaves physical, mental, emotional, or even financial scars.  It can be the loss of a job, divorce, illness, or even a pandemic. LT. Redman says it is time to REACT!

R         Recognize your reality.

E          Evaluate your assets and position.

A         Assess your options and outcomes

C          Choose a direction and communicate it

T          Take action

I, for one, am trying to take this approach with each new obstacle that comes my way this year.  Adapting to change is imperative and long-term thinking is vital if you are going to survive the short-term challenges.  Executing and implementing an EAP and a Disaster Plan is a great first step in REACTing.

Answer: ORS Chapter 90, the Oregon Residential Landlord Tenant Act, is replete with references to tenant associations. Residents clearly have many rights when it comes to the formation of an association, including the right of assembly and the right to canvass other residents. However, nowhere does the law say that park owners and managers have a legal duty to provide individual contact information to other residents, regardless of the purpose for which it is sought. Here is what ORS 90.750 [“Right to assemble or canvass in facility; limitations”] says on the matter: • No park bylaw, rental agreement, regulation or rule shall infringe upon resident rights to: o Peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas; reasonable times are the hours of 8 a.m. to 10 p.m. daily. o To communicate or assemble among themselves, at reasonable times and in a reasonable manner, for the purpose of discussing any matter, including but not limited to any matter relating to the park, or manufactured dwelling living. • The discussions may be held in the common areas or recreational areas of the facility, including halls or centers, or any resident’s home. • However, the landlord may enforce reasonable rules and regulations including but not limited to place, scheduling, occupancy densities and utilities. • A landlord may not prohibit any resident from canvassing other persons in the same facility for certain prescribed purposes. The term “canvassing” includes door-to-door contact, an oral or written request, the distribution, circulation, posting or publication of a notice or newsletter, a general announcement or any other matter relevant to the membership of a tenants’ association. • However, a landlord is not required to permit any person to solicit money, except that a tenants’ association member, whether or not a tenant of the facility, may personally collect delinquent dues owed by an existing member of a tenants’ association. • Lastly, the statute clarifies that it is not intended to require a landlord to permit any person to disregard a tenant’s request not to be canvassed. To me, this last provision suggests an answer to your question, as it acknowledges that some residents may not want to be “canvassed.” In other words, they have certain rights not to be disturbed, and may request management’s assistance in preventing it from occurring. Accordingly, my view is that before contact information is shared by management with other residents, advance consent should be received from each affected person. Without such consent, I would be very hesitant to give out the information. Certainly, the resident seeking the contact information can try to obtain it by going door-to-door and asking for it. If community management already maintains a published directory of residents that contains names and addresses, I suppose consent is implied by the lapse of time, assuming that everyone knows of the directory. But I would not recommend this practice, and certainly would not share the information with other residents. My conclusions are based not so much on some legal duty of “confidentiality” or legally protectable “right of privacy.” With the Internet, it’s hard to say much of our private information is legally protectable any more. My feeling is a practical one: If there is no affirmative legal duty to provide the information, and there is some risk, however remote, that sharing it without advance consent could anger some residents, it is far better to decline your resident’s request. It does not hamper the association formation process in any way, and respects every resident’s privacy, however limited it is today.

By:  Dale Strom

This is the sixth and final part of a series of a private owner of a Manufactured Home Community willingly attempting to sell that Community to an Association of tenants within that Community. Riverbend MHP is a 39 space community located within the city limits of Clatskanie, OR.

The delays of the purchase by the state agencies approving the sale to the tenants were discussed in the fifth part of this series. The tenants want to push back the closing to possibly March 1 from an original target date of November 1. The author is told that the close will probably be around the middle of January.

The vacation we had planned with our sons and their wives was scheduled for February 16. We have just come into the new year with the signing of the final documents just a few weeks away.

The delay for the November closing date was due to the Oregon Department of Justice. However Oregon Housing and Community Services (OHCS) also played a role in the delay. OHCS is Oregon's housing finance agency, providing financial and program support to create and preserve opportunities for quality, affordable housing for Oregonians of lower and moderate income. I was not aware of the specifics to the causes of the delays. As I learned later, the funding to Purchase Riverbend in Clatskanie came from several sources.

One other delay that occurred at the end of this process came from an easement that I signed with Charter Communications almost 10 years ago. That also needed to be addressed. That wasn't easy in that Charter's offices stretch from San Antonio to Southern California to Spokane. Backing out of an agreement that automatically renews every 3 years was not easy. The people at CASA worked with the attorneys at Charter to come to an agreement on either working with the existing agreement or outright termination of that agreement.

To complicate matters, CASA terminated its employment of their Development Manager. This was the one key individual that I relied on to guide this process and to be the main line of communication between myself and the Board of the new Cooperative. Now it doesn't look like the closing is not going to get done in January and I am coming close to a personal vacation deadline. That wouldn't go very well with my better half.

In late January, I was contacted by a contractor on a project that I started a year before. The riverbank at one end of the community started giving way which threatened a space with a home on placed on it. Where moving the home to another safe space would cost less than $15,000, this was much less that shoring up a riverbank at an estimated cost of 70 to 80 thousand dollars. My decision to move the home was obvious due to the costs of each of my options.

Apparently the Cooperative decided to pursue the bank stabilization project. Getting together with the Contractor's Project Manager, I signed the permits that I applied for to give that responsibility to the Cooperative. It would be the Cooperative's decision to explore the stabilization project. What is going through my mind is how would the Co-op be able to finance that project? Whatever that answer to that question is, the permits for the Army Corp of Engineers and Department of State Lands is now in the hands of the Cooperative.

CASA apparently settled their issues with the DOJ and OHCS to the point where the funds were secured. The sale was to occur. The date to sign at closing was set for February 14; two days before vacation. I was to meet the escrow officer in downtown Portland at 2:00 PM. To my surprise, the Board for the new Cooperative was also there having just signed the closing documents in the hour before I was to sign. Needless to say, they were very excited to make this deal as much as I was relieved to sign it away and move on myself. Now it is time to move on, and I couldn't be any happier.

EPILOGUE

During calendar year 2013, State Representative Nancy Nathanson asked the Landlord Tenant coalition to work out an agreement between the Tenants and Manufactured Home Park Landlords. To summarize the conversation of that entire year, tenant associations were to be given an opportunity to compete to purchase the communities where they live when an owner considered selling the community. Especially if that prospective buyer wanted to close that Park. The tenants wanted the opportunity to actively manage their property while gaining equity in the communities where they lived.

The Landlords on the other hand were leery of the information that would be divulged to the tenants, the time it would take for the tenants to form a Cooperative Board to explore the possibilities of a purchase and the possibilities of losing a sale to another private party that was to be based upon the IRS tax code of a 1031 exchange. Landlords were concerned that information that was gathered by the tenants could be used against them in social media or in legal proceedings if the tenants were unsuccessful in purchasing the community.

By the end of 2013 the Tenants and the Landlords were not close to an agreement on the issue. It was a confrontation that went to the legislature in the short 2014 session. This led to HB 4038A that was passed in February of that 2014 session allowing the tenants of a MH Community the opportunity to be forewarned of a potential sale and form a Board to participate in any bidding process.

Landlords were required to inform the tenants of their intent or at least their possible considerations as to the disposition of their community. It was most Landlord's feelings that in order to accommodate the Tenants, the time to agree with another private party that would use the 1031 option as part of the future transaction would be lost because time would be of the essence in this case.

The carrot on the end of the stick" to the selling Landlord was the waiver of long term capital gains on the sale of the property. When the 1031 is exercised by the seller

Answer: One issue is accepting rent from a person occupying the space after the legal tenant has moved out. This can occur, for example, where someone is residing at the space under a Temporary Occupancy Agreement, but the approved tenant, no longer resides there. Alternatively, the person could be a lawful visitor, who has overstayed their permitted time, and the legal resident has left. ORS 90.403 deals with this:

90.403 Taking possession of premises from unauthorized possessor. (1) If an unauthorized person is in possession of the premises, after at least 24 hours' written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS 105.105 to 105.168 if:

• The tenant has vacated the premises;
• The rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the written permission of the landlord; and
• The landlord has not knowingly accepted rent from the person in possession of the premises.
• Note that service of a notice to terminate does not create a right of tenancy for the person in possession of the premises.

It can be fatal to a landlord's effort to remove the non-tenant if rent has been accepted from them. On the other hand, if the rent is in the form of a check or money order, and signed by the legal tenant, it makes no difference who delivers it.

But if the person is not the lawful tenant, I believe you have a right to refuse to accept the rental payment if it is in cash, or a check or money order in that person's name. I'm not concerned that there is no rule on it, since the law is clear (at least to me) that if the person is not your "Tenant" - i.e. the one in possession under a rental or lease agreement - you do not have to accept a rent payment from them.

The other issue arises when a lawful resident resides in the space, but they have an occupant who has not been approved as a co-tenant or a temporary occupant. If you are going to accept them as a temporary occupancy, get them on a Temporary Occupancy Agreement. You can do a criminal background check, but not a financial one, since they are there not to subsidize the tenant's rent (as might be the case if they were a co-tenant). Accordingly, do not accept rent in any form from temporary occupant, unless it is drawn on the tenant's bank account and the check bears that out.

As to unlawful occupants who are staying at the space, but have not been approved as a tenant and you know of their occupancy, insist that they apply for tenancy, and make sure they do not stay beyond the time allowed for visitors under the park rules, until they have been approved.

Note, the issue of waiver is not just a question of accepting a check from the unapproved person. Acceptance of rent - even from the lawful tenant - when you know he or she is housing an unapproved person, can also result in waiver of your right to thereafter demand they vacate.

ORS 90.412 provides in part:

(2) Except as otherwise provided in this section, a landlord waives the right to terminate a rental agreement for a particular violation of the rental agreement or of law if the landlord:

(a) During three or more separate rental periods, accepts rent with knowledge of the violation by the tenant; or

(b) Accepts performance by a tenant that varies from the terms of the rental agreement.

(3) A landlord has not accepted rent for purposes of subsection (2) of this section if:

(a) Within 10 days after receipt of the rent payment, the landlord refunds the rent; or

(b) The rent payment is made in the form of a check that is dishonored.

(4)A landlord does not waive the right to terminate a rental agreement for a violation under any of the following circumstances:

(a) The landlord and tenant agree otherwise after the violation has occurred.

(b) The violation concerns the tenant's conduct and, following the violation but prior to acceptance of rent for three rental periods or performance as described in subsection (2) of this section, the landlord gives a written warning notice to the tenant regarding the violation that:

(A) Describes specifically the conduct that constitutes the violation, either as a separate and distinct violation, a series or group of violations or a continuous or ongoing violation;

(B) States that the tenant is required to discontinue the conduct or correct the violation; and

(C) States that a reoccurrence of the conduct that constitutes a violation may result in a termination of the tenancy pursuant to ORS 90.392 (Termination of rental agreement by landlord for cause), 90.398 (Termination of rental agreement for drug or alcohol violations),

So the take-away here is that you do not want to accept rent from anyone, even the tenant, when you know they are violating the rules, such as keeping an unapproved occupant at the space or having an unapproved pet. If you accept rent from the lawful tenant under these circumstances, return it within ten days after receipt - if the check has been cashed, write a new check back to the tenant with an explanation, and demand that the unpermitted person apply for tenancy.

Under the statute, waiver will not occur for the first two events of accepting the rent without returning is within ten days. The third or subsequent time can constitute a waiver. Waiver does not occur if the rent is properly returned within the ten day period, no matter the number of times it's tendered.

As for taking a rent check from the unapproved person, I don't recommend doing so unless the check is drawn on the tenant's own account. If it's a joint account with the unapproved person, don't accept it. The same holds true of any other form of payment (e.g. cash or money order) unless there is clear evidence that it came from the lawful tenant. Just remember, though, that acceptance of rent from the lawful tenant - in any form - can count as a waiver under ORS 90.412 if you know they have an unlawful occupant at the space.

Answer. Wow! Asking me if God caused a windstorm could get me in trouble. What if I’m wrong?  

Question No. 1. Generally, an “Act of God” is considered to be a natural disaster that is outside of human control. That would include earthquakes, windstorms, floods, tsunamis, etc. If you are asking about insurance exclusions for Acts of God, you’ll have to read you policy. Generally, however, as a landlord, you should make sure you have broad general casualty insurance coverage (as opposed to liability insurance coverage), since the former would cover casualty losses (fire, wind, flood, etc.), regardless of causation or negligence, whereas the latter would providecoverage for you only if you causedthe damage. Broad insurance coverage against casualty losses, e.g. from Acts of God, is what community owners should have. Whether residents have such coverage is less certain, since the rental/lease agreements I’ve seen either do not require any form of insurance, or occasionally only liability insurance. And unless their lender requires it, it is unlikely that many owners of older homes have any insurance against loss or damage.

Question No. 2. As to uprooted trees, let’s go to the legal definitions. A “hazard tree” under ORS 90.100(20)must include the following elements:

• It is located  onarentedspacein  amanufactureddwellingpark;

· It measures  at  least  eight inches DBH[2]; and

· It is  considered,by  an arboristlicensed asa landscape  constructionprofessionalpursuant toORS  671.560and  certifiedbythe  InternationalSociety ofArboriculture,toposean unreasonablerisk  ofcausing serious  physical harm  or damage toindividualsor  propertyin the  near  future. (Emphasis mine.)

I draw certain corollaries from this definition – some may disagree:

• A tree is a large living plant that grows out of the ground; if it is blown down, it is no longer a “tree” in the conventional sense. I have no recollection of discussing downed trees as “trees” that would somehow be subject to the hazard tree legislation. I would defer to John VanLandingham’s recollection on this, however.  This answer would seem to dispose of the above question, but I will continue, just to address the other unasked questions that will inevitably arise.
• If a tree does not measure at least eight inches, DBH, it is nota “hazard tree”. This is not to say that the tree is necessarily “safe” or that it may be ignored by landlord or resident.  In the final analysis, landlord and managers should monitor the condition of all trees, both in the common areas, and on the tenants’ spaces. Just because a tree is not a hazard tree does not mean they can be ignored. Similarly, just because the tree is a resident’s responsibility does not mean it should be ignored by management. If it is the resident’s responsibility, management should encourage compliance – since a falling tree limb or the entire tree, may cause damage or injury to other spaces and other residents.
• If a licensed arborist has either said the subject tree does not pose a risk of harm, or the arborist has never opined at all, it is nota “hazard tree”. Again, this does not mean the tree may, or should be, ignored.
• Lastly, remember that all of the above three elements (on the resident’s space; eight inches DBH, and considered dangerous by a licensed arborist) must occur together before a tree can be considered a “hazard tree”.  

Once it meets the statutory definition, then the legal obligations found in ORS 90. 725, 90.727, 90.730, and 90.740apply.  See discussion in my prior post here.

Questions Nos. 3 & 4. I believe the answer to who responsibility for maintenance, removal and disposal are addressed inORS 90.727(Maintenance of trees in rented spaces). Although the statutes do not referral to “disposal” they do refer to removal.  I read these words as interchangeable in this context. For example, removal of garbage and debris from one’s yard, reasonably includes disposal.  The statute provides: 

(1) As used in this section:

      (a) “Maintaining a tree” means removing or trimming a tree for the purpose of eliminating features of the tree that cause the tree to be hazardous, or that may cause the tree to become hazardous in the near future.

      (b) “Removing a tree” includes:

      (A) Felling and removing the tree; and

      (B) Grinding or removing the stump of the tree.[3]

I suppose the next question is whether “removing a tree” can refer to downed trees. I think not, since the follow text quoted above, refers to “felling” it.   

Conclusion.  As noted above, landlords, more likely than residents, have insurance that deals with Acts of God. These types of natural events do not distinguish between whose property is affected, e.g. common areas vs. resident spaces. In some instances, strict enforcement of the hazard tree statute could impose a catastrophic expense to a resident that might be covered under the landlord’s insurance. In such cases, consideration should be given to providing assistance/coverage rather than forcing a tenant into bankruptcy or financial distress.

Is your entrance neat and welcoming with well landscaped signage projecting the property's IDEAL image to Residents and future Residents?

• Are your common "green" areas free of weeds, edged, fertilized and looking crisp and clean? We must always lead by example!!!!
• Do all of your buildings have a neat appearance with exposed wood painted, and windows washed? REMEMBER: If you expect this of your Residents, then as Owner/Manager you must set the standard...no one respects a hypocrite!!!!
• If your streets have speed bumps, are they freshly painted so they are not trip hazards?
• When was the last time your catch-basins were cleaned of debris?
• If your MHC is on a private septic system, how current is your pumping schedule and have YOU physically inspected each tank and field for possible shed, fence,
• deck or landscape encroachments?
• Have you reviewed your vacant space inventory and matched it with available
• homes on various web sites/local realtors multiple listing sites/Craig's lists etc? Have you made an offer on any homes and have you contacted any movers to get bids on hauling/setting the home at/to your MHC?
• Is your MHC's business Information Center (aka "Office") the jewel in your crown as a neat, clean and available place to conduct business according to posted hours for Residents?
• Have you or your attorney reviewed lease files space by space to be assured that each Resident's documents are current with legislative and/or "case law" changes?

This very abbreviated list only begins to scratch the surface of what you must do to conquer all the obstacles that stand in your way of being exemplary MHC administrators. Let us be fierce in the desire and follow-through to make MHCs the best they can be for our Residents. In so doing they will provide security for our families' future income!

Joel Erlitz, President
First Commercial Property Corp.
Jserlitz@aol.com
206-985-7275(PARK)

Answer: Here is a summary of ORS 90.260, the late fee statute. It answers the questions posed above.

(1) A landlord may impose a late charge or fee, however designated, only if:

• The rent payment is not received by the fourth day of the period for which rent is payable; and
• There exists a written rental agreement that specifies:
  • The tenant's obligation to pay a late charge;
  • The type and amount of the late charge; and
  • The date on which rent payments are due, and the date on which late charges become due.

(2) The amount of any late charge may not exceed:

• A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market;
• A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable lat amount", described above; or
• Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only.

(3) In periodic tenancies (e.g. month-to-month), a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant.

(4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment.

(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed.

(6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]

Answer: Here is a summary of ORS 90.260, the late fee statute. It answers the questions posed above.

(1) A landlord may impose a late charge or fee, however designated, only if:

• The rent payment is not received by the fourth day of the period for which rent is payable; and
• There exists a written rental agreement that specifies:
  • The tenant's obligation to pay a late charge;
  • The type and amount of the late charge; and
  • The date on which rent payments are due, and the date on which late charges become due.

(2) The amount of any late charge may not exceed:

• A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market;
• A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable lat amount", described above; or
• Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only.

(3) In periodic tenancies (e.g. month-to-month), a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant.

(4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment.

(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed.

(6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]

Answer: Here is a summary of ORS 90.260, the late fee statute. (1) A landlord may impose a late charge or fee, however designated, only if: - The rent payment is not received by the fourth day of the period for which rent is payable; and - There exists a written rental agreement that specifies: _ The tenant's obligation to pay a late charge; _ The type and amount of the late charge; and _ The date on which rent payments are due, and the date on which late charges become due. (2) The amount of any late charge may not exceed: - A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market; - A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable flat amount", described above; or - Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only. (3) In periodic tenancies [e.g. month-to-month], a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant. (4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment. (5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed. (6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]