Phil Querin Q&A

Phil Querin Q&A: Increases in Utility Charges by Provider in Manufactured Housing Facilities
  Question: I’m trying to clarify if an existing and lawful utility charge (e.g., sewer or trash), is increased by the provider, do we have to give advance notice of the increase to the residents before we can pass it through?   For example, if the garbage provider increases its rates from $32/mo to $34/mo for the same service, is management required to…
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Phil Querin Q&A: Two Questions on Plumbing
Question  A:  We have a Tenant who has refused to fix the water leaks within their mobile home. The park owner pays for the water and there have been significant cost increases due to the leaks.  The Lease is the MHCO Lease from 2003 and states under Tenant Agreements F. Maintain the Home in accordance with conditions set forth in Paragraph 12.A(8)(a)…
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Mark Busch Q&A

Background Checks – Always
  This article is general in nature and is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues.    A very recent court case highlights the ongoing importance of always conducting background checks on potential tenants.  …
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RV Eviction for Nonpayment of Pre-COVID Rent?
Question:  We have a couple living in a nice RV in our park on a month-to-month rental agreement.  They have been here for about two years, are retired, and have never had trouble paying the rent.  To make a long story short, we refused their rent earlier this year in January, February and March until we resolved a dispute with them regarding their dogs.  …
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Property Management

Landlords Can Be Liable for Tenant-on-Tenant Harassment
Landlords may be liable for discrimination if they harass or allow their leasing staff, managers, and other agents to harass tenants on the basis of race, etc. Recent cases pose the controversial question of whether landlords can also be liable for the harassment committed by their tenants. The two federal courts that had specifically addressed this issue…
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Montana Property Manager Charged with Retaliation
  HUD recently charged a Montana landlord and property manager for retaliating against a tenant for exercising her fair housing rights. The retaliatory behavior included coercion, intimidation, threats, or interference in violation of Section 818 of the Fair Housing Act. The Fair Housing Act prohibits retaliating against anyone for exercising their fair…
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