Phil Querin Q&A

Phil Querin Article: A Cautionary Tale for Landlords When Calculating Past Due Rent – Hickey v. Scott
  Holding. In late July 2022, the Oregon Supreme Court issued its ruling in Hickey v. Scott, 370 Or 97 (2022) that addressed the application of ORS 90.394(3).[1] The Court ruled that when issuing a termination notice for nonpayment of rent, the landlord must specify the “correct amount due to cure the default.” Hickey, 370 Or at 101. If the court…
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Phil Querin Q&A: Three Questions on Temporary Occupants
Question 1 The law and MHCO ocupancy agreement both state that a landlord can screen an occupant for conduct or criminal history but not for credit history or income level.  If after screening a temporary occupant, the findings reveal that they have civil case(s) and/or eviction matters relating to previous rental history where the derogatory rental…
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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

Are you ready for the New Reality of Senior Housing?
Ask anyone who works on a Senior Living Community how they like their job and I can almost guarantee that they will tell you they have a love-hate relationship with it. Most employees will tell you that they love working with seniors; that they are a nice group of people, and they have a bond with them that they have never experienced while working on a…
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Lesson #7: Fair Housing Laws Protect Victims of Domestic Violence
  The disparate impact rule also opens the door for groups that the FHA doesn’t list as protected classes to sue for housing discrimination, as illustrated by an important case from Pennsylvania. Situation: A domestic violence victim tells her landlord that she’s being stalked by her ex-boyfriend and needs to move out. When the landlord refuses to let her…
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