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MHCO

Phil Querin Q&A: Roaches and You!

Phil Querin Questions & Answers
Phil Querin

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).

Bill Miner Recreational Vehicle Question & Answer

Community Update
Chuck Carpenter

Question: My RV tenant doesn't receive mail, how do I serve him with notices? Answer: Oregon landlord tenant law allows service of notices three ways: first class mail, personal delivery and nail and mail." ORS 90.155. We always advise our clients to deliver notices by first class mail. Not certified

Application Process (Part 5 of 6) Statement of Policy - Resident Files

Community Update
Chuck Carpenter
Statement of PolicyAll Oregon manufactured home communities renting space for manufactured dwellings have been required to provide prospective and existing tenants with a Statement of Policy. The applicants must receive their Statement of Policy before signing the rental agreement. While a Statement of Policy is not technically a contract, it is an important document.

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

Phil Querin Questions & Answers
Phil Querin

Answer: This situation is not directly addressed in the Oregon manufactured housing laws. First, some general observations: The manufactured housing side of the landlord-tenant law regards the “space” as the “premises.” For example, a resident in an apartment may not, without landlord permission, intentionally make major structural changes to the interior of the premises.

Phil Querin Q&A: Boyfriend on Temp Occupant Agreement - What happens after they break up

Phil Querin Questions & Answers
Phil Querin

Answer: A temporary occupant is not supposed to be paying the rent. You are not allowed to screen for the occupant’s ability to pay, because they are not a tenant. Your acceptance of rent from the occupant creates an appearance that the occupant is really a tenant. Secondly, the law says that a temporary occupant may not live in the home unless there is a tenant there as well.

Phil Querin Q&A: Converting Water Systems and Billing (Well Water to Public System)

Phil Querin Questions & Answers
Phil Querin

Answer: For purpose of addressing this issue, I will assume that the community currently includes the operating costs for the well in the base rent, i.e. it is not a charge to residents outside of base rent that is allocated to them on a prorata (i.e. per space) basis. Well water is not something you may separately charge the residents for under ORS 90.532.

Phil Querin Q&A: Renting Home & Documentation

Phil Querin Questions & Answers
Phil Querin

Answer: This is a good – and important – question. Here are some points to always remember: 1. A resident who is renting the home is not under the manufactured housing section of Oregon’s residential landlord-tenant law (“ORLTA”) which is contained in ORS Chapter 90. This means that you do not treat non-owner residents the same way you would as if they were renting an apartment or home.

Phil Querin Q&A: Abandoned Home with Lots of Deferred Taxes

Phil Querin Questions & Answers
Phil Querin

Answer: The Department of Revenue (“DOR”) is treated like any other lienholder. It is critical that before the 45-day letter is sent, the park check with the Oregon Department of Consumer and Business Services (“DCBS”) to determine if there are any lienholders on title. We understand that DOR is now showing up on the DCBS records.