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.

 

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?


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