Answer: First, this is not an issue that is addressed – or can be addressed – in our “hazard tree” discussions that the MHCO has been having recently in the landlord-tenant coalition meetings. This tree is not located in the park, so is not strictly a landlord “habitability” issue. However, under certain circumstances it could be.
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.
Charlie Kamerman
PO Box 69
Eagle Creek, OR 97022
(503) 655-0888
Answer: ORS Chapter 90, the Oregon Residential Landlord Tenant Act, is replete with references to tenant associations. Residents clearly have many rights when it comes to the formation of an association, including the right of assembly and the right to canvass other residents.
Answer: Oregon law addresses tenant responsibilities in ORS 90.740. Subsection (4)(h) says that except as provided in the rental agreement it is the tenant’s responsibility to “(m)aintain, water and mow or prune any trees, shrubbery or grass on the rented space….” In my opinion, this provision is a good example of how not to draft a statute.
Answer: There are several issues that I see repeatedly. Here are a few: 1. Managers not adequately papering their file before taking legal action against a resident. Judges want to see that you’ve “walked the extra mile” with the resident, making every reasonable effort to bring them into compliance.
Answer: You must have at least one person who is 55 years of age or older living in at least 80% of its occupied units. This 80/20 rule is critical. Generally, communities strive to be over 80%, since falling below 80% occupancy [even upon death of a qualifying 55+ resident] means immediate disqualification.
Answer: Be aware that utility charges, late fees, etc. are not “rent.” Rent is the charge for the resident’s right to remain at the space. As you know from the MHCO 72-hour Notice, the right to evict only arises when the rent remains unpaid for seven days following the date of payment, which is usually the first of the month.