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MHCO

Resident Pays After FED Issued Settles Before Hearing

Community Update
Chuck Carpenter

Question: We have had to file two consecutive FED Complaints against a resident. The day before the first appearance for each case, the resident tender the rent that was due, although he do not pay the court fees of $115.00. After two months of this, he owes us $230.00. He promises to repay this amount but does not. Now rent is due for January, 2012.

Changing 55 and Older Status and Community Rules

Community Update
Chuck Carpenter
Question: A landlord changed the status of the community from "Family" to "55&Older" in June. Management did not change the rules and regulations. However, they did advertise the community as "55&Older -"; identified that status in the community's Application Criteria; and have met the requirements of the "80/20 Rule". Now the community owner is changing the rules.

Phil Querin Q&A: Storage Agreement About to Expire Home Unlikely to Sell

Phil Querin Questions & Answers
Phil Querin

Answer: There are certain facts that are missing from this question. I will supply them and then answer. So, let’s assume the following: (a) This is a periodic (i.e. month-to-month) tenancy; (b) The tenant has moved out of the home and it is now vacant; (c) The rents are not being paid; and lastly, let’s assume that (d) The landlord was to be paid all past-due rent from the sale proceeds.

Landlord Requirements to have licensed plumber or electrician

Community Update
Chuck Carpenter

Question: A landlord recently purchased a manufactured home in his community. He wants to fix the home up and then resell it. Does the landlord have to be a licensed plumber or electrician to do the respective work on the home?

Landlord Requirements to have licensed plumber or electtrician

Community Update
Chuck Carpenter
Question: A landlord recently purchased a manufactured home in his community. He wants to fix the home up and then resell it. Does the landlord have to be a licensed plumber or electrician to do the respective work on the home?Answer: Yes! It's one thing to be performing repairs on one's own home, and quite another to be doing so on a home intended for re-sale.

Increasing Late Fees

Community Update
Chuck Carpenter
Question: A landlord currently charges a $25 late fee. She wants to increase it to $50. Can she do that and if so, what kind of notice should she give? Also, can she change the late fee from a flat amount to a percentage (e.g. 10%) of rent? Answer: Here is a summary of ORS 90.260, the late fee statute.

Cable Company Offers Community Owner Cash and Equipment/Infrastructure Upgrade

Community Update
Chuck Carpenter

Question:  A cable company has offered to install all of the equipment and infrastructure for park-wide cable services at no charge.  We are to receive a one-time payment in exchange for which we give the company an exclusive right to market their services to our residents.

Medical Marijuana and Landlord Rights

Community Update
Chuck Carpenter
Question: Our community is seeing an increase in the use of "medical"marijuana. Although those using it say they have "cards"permitting them to grow limited amounts, often this limited personal use appears to turn into more than that.

Landlord's Right To Enter Home

Community Update
Chuck Carpenter
Question: In this situation, the landlord (i.e., community owner) owns the manufactured home located on a space in the park. The resident gave a 30-day notice earlier in the month. Rent was paid to the 10th day of the following month. The resident left the home, taking his belongings, but claims he will be back to clean the home up and collect his $400 cleaning deposit.