Evictions

Phil Querin Q&A - Sex Offender Leaves and Then Returns

Question -   A tenant’s son has a conviction for sex abuse and is still on parole. He was living with his father in the community until neighbors found out about his conviction and began complaining about his presence because this is a family park with many children.  We informed the son’s father that he would have to leave due to his conviction.  He did leave but now he is doing odd jobs here in the park. He also comes into the park to visit his family.  We are getting resident complaints because people are still concerned for their children. Is there anything I can do as a manager to keep this man out of our community?

 

 

Phil Querin Q&A - Sex Offender Leaves and Then Returns

Question -   A tenant’s son has a conviction for sex abuse and is still on parole. He was living with his father in the community until neighbors found out about his conviction and began complaining about his presence because this is a family park with many children.  We informed the son’s father that he would have to leave due to his conviction.  He did leave but now he is doing odd jobs here in the park. He also comes into the park to visit his family.  We are getting resident complaints because people are still concerned for their children. Is there anything I can do as a manager to keep this man out of our community?

 

 

Phil Querin Q&A - A Potpourri of Topics - Tips and Traps

 

 

Pet Issues. 

 

There is almost no greater issue that can create problems for landlords, than whether tenants can retain a pet they have brought into the community.  How can owners and managers take control of the issue?

 

First, landlords should check their current rules and rental agreement. Although landlords who have previously permitted pets in the community, cannot retroactively prohibit them to tenants who already have pets living with them.  Nor can they retroactively prohibit a type of pet that had previously been permitted.  However, going forward, i.e. for new tenants, landlords should make sure that their rules place appropriate limitations on the size and type of pets that can be brought into the park.  Rules should be drafted broadly to prohibit pets, e.g. breeds of dogs, that  have a reputation for aggressiveness, or dogs of a particular size, or both.

 

Secondly, consistency is important.  That is, landlords should be careful not to make exceptions or ignore violations of the pet rules.  Otherwise, the landlord will be accused of either being arbitrary or “playing favorites.”  Selective prosecution of tenants for violation of the pet rules does not play well with judges and juries. 

 

Lastly, in all cases, landlords should make sure that their tenants sign pet agreements for their animals.  Oregon law expressly permits this.  The MHCO agreement follows the statutory guidelines and assures that the tenant has liability insurance coverage.  It also permits landlords to  assess fines for violations of the rules. 

 

 

Mark Busch Q&A - What’s The Quickest Way to Get a Tenant Out of My RV Park?

 

Question:  I own a decent-sized RV park with quite a few long-term tenants living there, but with also a few seasonal guests and overnighters.  I have one tenant in particular who is constantly abrasive towards other tenants and guests (for example, walking thru the park and telling people that they need to fix their awnings, stack their firewood in a certain way, etc.).  He has no qualms about interjecting himself in other people’s conversations even when his input is clearly unwanted.  I have already lost several tenants and others have complained.  Before this person ruins my good park, how can I get rid of him quickly?

 

Phil Querin Q&A: When Resident’s Bad Behavior Continues Within 30-day Notice Period

 

Question.  Our manager gave a 30-day notice to a resident for continued bad behavior (e.g. disturbing the peaceful enjoyment of other residents). After the 30-day notice was served the bad behavior continued.  Does the manager have to wait the full 30 days before going to court and filing the eviction?