Disrepair and Deterioration

Phil Querin Q&A: Issuance of Form 55 to Repaint Home

 

Question:   We issued a 30-60 day notice to a tenant to paint their home. Every tenant was sent a letter along with the notice requiring them to get prior approval for the paint color. This tenant did not get prior approval and painted his house a color that is too bright.

 

We have reached out to him several times requesting he come and discuss this with us and he has not responded. Extensions were given to August 31, 2018 for everyone who received a notice to paint, due to the extreme heat we had this summer. Some tenants have requested additional time and we have written agreements with them giving an additional 30 days until Sept 30, 2018.

 

We are making a final request to the uncooperative tenant to come to the office and talk with us. My question is would we be able to proceed under the 30-60 day disrepair notice, or do we start a new 30 day notice? He did paint like we asked him, but it was not a color approved by management.

 

 

Phil Querin Q&A: Repairs Upon Resale

 

Question:  Can management require of a resident selling their home in the community that the space be removed of all attachments and outbuildings that were added upon initial occupancy? E.g. the removal of all decking, sun rooms etc.?  What kind of notice does the landlord give while the home is up for sale with potential buyers are considering the home with these amenities?  Can the landlord restrict colors for the home and even restrict the size and type of fencing?  How does this all fit into the new law on disrepair and deterioration passed by the legislature in 2017 (SB277)?

 

 

Phil Querin Article and Analysis - New Laws on Disrepair & Deterioration - New MHCO Form 55

 

 

Introduction. This bill is an attempt to deal with issues that had arisen between residents in some Oregon communities and their landlord regarding the physical condition of their homes. The result is a change to ORS 90.632 (disrepair and deterioration) which contains more detail than previously, but is nevertheless manageable.

 

By way of refresher, ORS 90.630 pertains to curable maintenance/appearance violations relating to residents’ spaces.  However, if the violation relates to the physical condition of the home’s exterior, ORS 90.632 applies, to address repair and/or remediation that can take more time to cure, either due to the weather, the amount or complexity of the work, or availability of qualified workers.

 

As a result, SB 277A, which became law on June 14, 2017 (“Effective Date”), will apply: (a) To rental agreements for fixed term tenancies – i.e. leases – entered into or renewed on or after the Effective Date; and, (b) To rental agreements for periodic tenancies – i.e. month-to-month tenancies – in effect on or after the Effective Date.

 

MHCO has significantly changed its current form No. 55 to address the changes in the new law. The major issue going forward is for managers and landlords to be able to recognize when to use Form No. 55 to address disrepair and deterioration conditions, versus Form No. 43C, which is appropriate for violations relating to maintenance and appearance of the space.