Oregon

Phil Querin Q&A: Tenant Sub-Leases - Refuses Background Check

Question: An occupant lives in a home that is sub-leased from his parents who have moved to Arizona. The occupant has been in the house since the beginning of January, and pays his rent on time. Although he was asked to complete and submit a criminal background check, he still has not done so. Accordingly, we have not given him a written rental agreement to sign. What are our rights at this point in time?

Phil Querin Q&A: Resident Growing Marijuana Plants

Question: While working on another house in the community the manager discovered that the neighbor had a large garden of marijuana plants. The resident claims to have a medical marijuana card. What are my rights as a community owner? Can I ask to see the card? Does the card have to be current? If he has a medical marijuana card what are my rights? If he DOES NOT have a medical marijuana card what are my rights? Finally, the smell from these plants is very pungent and other residents are complaining about the smell. Can I give the resident who is growing the marijuana a 30 day notice for disturbing the peaceful enjoyment of other residents due to the odor?

Phil Querin Q&A: What access to documents and office do I have to provide to Oregon Housing and Community Services?

Question: What records are we obligated to share with state government officials? Recently representatives of Oregon Housing and Community Services (“OHCS”) were at the community and stopped by the office. They started asking for documents, copies of forms, etc. What are my rights as a manager or community owner when it comes to these types of situations?

Phil Querin Q&A: Applicant Qualifies, Moves In, Does not Sign Rental Agreement

Question: Earlier this summer an applicant applied for residency. He met our screening criteria and we sent a letter indicating that he had been accepted. The applicant lives out of town and started sending rent checks but did not sign the rental agreement. There were also repairs that we indicated to him that he needed to make before he could move in. At this point he has title to the home, refuses to sign the rental agreement and we refuse to cash his checks. What should we do?

Phil Querin Q&A: Accepting Application When You Suspect Applicant Does Not Qualify.

Question: I recently received a rental application from a prospective tenant who is purchasing another tenant's home. I know the applicant to have several judgments against him. He says they have all been taken care of but I don't believe him. I really don't want to spend time processing the application. Do I have to accept and process the application?

Phil Querin Q&A: Resident Convicted of Sex Crime Is Released From Jail. What Can Be Done To Prevent This?

Question: A tenant was convicted of a sex crime - molesting his granddaughters. He will be released from jail shortly. His wife is living in our community, but her name is not on the rental agreement, just her husband's. His intentions are to resume living with his wife in our 55+ Park. What can we do to prevent his return?

Phil Querin Q&A: Resident Builds Carport - Sells Home - New Owner Wants to Take Home and Carport

Question: I have a resident who was given permission to build a permanent carport. Most all of the carports in my park are free standing and permanent which is my preference. However, he constructed the permanent carport by boring holes in the ground and filling them with concrete and inserting metal mounts to which he fastened 4x4 uprights for the carport. Building it this way, in my opinion, made it part of the real property. I was there when construction started but was absent when it was completed. What now complicates matters is that he recently decided to sell the manufactured home, including the carport. This would not have been an issue had the buyer is now planned on moving the home. I believe that since the carport is now permanently affixed to the ground, it cannot be sold as personal property along with the home. He also attached the carport to the manufactured home which may complicate things, as well. What are my rights here?