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Phil Querin Article: A Cautionary Tale for Landlords When Calculating Past Due Rent – Hickey v. Scott

MHCO

 

Holding. In late July 2022, the Oregon Supreme Court issued its ruling in Hickey v. Scott, 370 Or 97 (2022) that addressed the application of ORS 90.394(3).[1] The Court ruled that when issuing a termination notice for nonpayment of rent, the landlord must specify the “correct amount due to cure the default.” Hickey, 370 Or at 101. If the court determines that the tenant owes a lower amount than the amount specified in the notice, the court must dismiss the FED.

 

 

Phil Querin Q&A: Fences, Damage, and Landlord Liability

Phil Querin

 

Question. I am looking for information dealing with fence liability between landlords and tenants, and between tenants and other tenants.

Our Park Management has not put up any fences. All fences were installed by current and past tenants. Generally, my questions relate to the duty to maintain these fences, liability from trees (hazard and otherwise), and repair issues and fences that were installed by past vs. current tenants.

 

Answer:  This is a very broad question, which is why the answer will have to be gen