Abandonment

Phil Querin Q&A: Family Feud After Resident Dies

 

Question:  A resident died last month in our community, leaving three adult daughters.  Two of the daughters have been issued “No Trespassing” notices from management because of past bad behavior.  One of the daughters barred from the community is the executor of the will.  The manager has changed the locks on the home.  The three daughters have demanded entry to remove items and provided our manager with the will.  The daughters do not get along.  What can our manager do?  Set specific times for them to enter and remove items?  The daughters are angry at our manager and each other - accusing the manager of removing items from the home as well as blaming each other.  Last night they surrounded our manager and verbally abused her.  What are the manager’s rights?  Does she have to let them on the property?  Does she need to record everything that is removed from the home?  How does she handle the two daughters who have been trespassed from the community?

 

Phil Querin Q&A - Death of Resident and an Uncooperative Estate

Question:  A resident living alone passed away.  It took some time for the estate to get underway because they had to search for heirs.  An heir was located and was appointed as Administrator to act on behalf of the estate. 

 

Shortly after the resident’s passing, we began requesting that a Storage Agreement be signed but the estate was hesitant to do so until the Administrator was appointed.  After the appointment the Administrator was initially cooperative, but unexpectedly changed his mind and is now threatening to bring all of the past due rent current, and then, out of spite, tear the home down while still on the space.  Presumably, after doing so, we would expect the Administrator to cease all further space rental payments.  How should we handle this?

 

 

 

Phil Querin Article - Elderly Residents Who Leave the Community

 

In communities with elderly tenants, landlords are frequently confronted with the question “How do I deal with their home and their care providers when they leave, and with their estates?”

 

Most of the answers can be found in the abandonment statute, ORS 90.675.  The underlying premise to remember in addressing all of these issues, is that if the resident leaves the community without properly disposing of their home, the landlord has no choice but to deal with it as an abandonment. 

 

 

New MHCO Forms and New Abandonment Law - Effective January 1st

 

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.

 

 

Mark Busch Q&A - RV Abandonment

Abandoned RVs

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?