Property Management

Answer: Here is a summary of ORS 90.260, the late fee statute.

Answer: Here is _ 805(b) of the Fair Debt Collection Practices Act regarding communication in connection with debt collection. The following activity is prohibited: "Communication with third parties.

By David M. Weber & M. Christine Weber We all know it is far easier to maintain a resident than find one who will fill a vacant space within a community. This is particularly true in 55+ communities. To be great at resident retention, managers need to believe strongly in the lifestyle that has led many seniors to a manufactured housing way of life.

Answer: The submetering statutes, ORS 90.531 - 90.539 are complex and confusing. As most owners and managers know who have explored converting to submeters, the concept is relatively simple. But the devil is in the details, i.e. the statutes. The basic concept is that for communities with utilities [e.g.

Answer: This question involves 90.297, which provides as follows: - Except as permitted in ORS 90.295 (fees for tenant screening charges) a landlord may not charge a deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental agreement for a dwelling unit.

Answer: I cannot find any law precisely on point, so will have to "reason by analogy." For purposes of answering the question, I will assume that the payor and the payee both have an Oregon manufactured structures dealer's ("MSD") license. However, that license only permits one to conduct business from a single location.

Answer: Since the tenant does not own the home, the answer is found on the general landlord-tenant side of ORS Chapter 90 (as opposed to the manufactured housing side).

Answer. First, one caveat: This Answer is not intended to constitute legal advice. It is educational only, and should not be relied upon by an MHCO member in lieu of consulting their own legal counsel, who is familiar with their own specific factual situation. Let’s start with a definition of a “utility” under Oregon’s Residential Landlord Tenant Act.

Answer. It is unclear if there ever was an actual agreement between landlord and tenant that the overpayments were to be applied toward late fees. For purposes of this question, I will assume there was an understanding of sorts [what tenant intentionally overpays, without a reason?], but presumably not in writing; hence, this dispute.