Querin Law

Phil Querin Q&A: Pet Violations

 

Question: We are trying to send an eviction notice to a tenant who will not keep their pet inside; it is consistently defecating in a neighbor’s yard. I am confused about which MHCO form to use. I don’t wish to levy a fine[1] as they have already received a citation from the city. The 30-Day eviction for continuing violations (No. 43 seems to be the closest form, but the instructions specifically say it is not to be used for a violation involving a pet. Can you clarify how to send an eviction for this issue? 

 

[1] ORS 90.302 allows fines for the violation of a written pet agreement or of a rule relating to pets in a facility.

 

Phil Querin Q&A: Tenant Abuses/Assaults Community Manager

 

Question: We have a tenant who physically assaulted one of our Managers, creating an unsafe condition for numerous tenants. Police were called. Tenant was arrested and transported to a hospital for observation. Since her arrest she remains in a facility.  How should we handle this - 24-hour notice or 30-day notice? 

 

Also, how do we serve the notice since she remains in a facility?  With rising abuse of managers by tenants, what recourse do managers have?  Where do you draw the line with tenant harassment of managers - verbal and physical?

 

Oregon Chief Justice Order Extending Certain Time Periods For FEDs

 

On August 19, 2021, the Oregon Supreme Court issued Chief Justice Order #21-031 (“CJO 21-031”) which extends certain statutory time periods for FED/Eviction actions. The CJO went into effect immediately and remains so until 60-days after the end of Oregon’s COVID State of Emergency or until the Chief Justice so orders. As of now the Governor’s declared State of Emergency is in effect until December 31, 2021.

 

Phil Querin Q&A: Resident Violates Rules with Multiple Pets

Question: It has recently come to our attention that a tenant is in violation of our two-pet policy, as she has admitted that she has 4 small dogs living in her home.  When we speak with her through her door, the smell of dog urine is overwhelming. We have mailed her a letter explaining that this is rules violation and asked that she remove two of the pets by a certain date.  Our letter warned that if she failed to comply, she would be sent a 30-Day Notice to Vacate. 

 

She stated she would keep the two extra dogs and claim them as service animal. This week she gave us a letter from her nurse practitioner stating she needed the pets for a medical condition. What are our options? We would like to serve her a 30 Day Notice to Vacate for Cause (violating our 2 pet policy). However, she has been speaking with advocacy groups that tell her we have no right to make her get rid of the two “service animals.” 

 

We feel that it is our responsibility as landlords to consistently enforce our community rules, but also don't want to get dragged into costly litigation just to lose in the end due to federal regulations of some kind. 

 

Phil Querin Q&A: Rental Application, Social Security Number and Fair Housing Laws

 

Question:  We require that the application for residency in our manufactured housing community be completely filled out - including Social Security numbers.  We require two pieces of identification - one may be a social security card.  However, my understanding is that you cannot use a social security card for identification.  Is that true? 

 

We have had some real estate brokers object and tell us that it is against law do deny a person occupancy because they do not have a social security number.  Some applicants have an ITIN (individual taxpayer identification number).  

 

The screening company has said they cannot do a credit check with ITIN - they need a social security number.  

 

So, my questions are: (a) Is it illegal to requirea social security number; and (b) would it be a violation of the Fair Housing Laws to deny an applicant because they do not have a social security number?

 

 

 

Phil Querin Q&A: Dealing with Unpaid Rents Today

 

Question:  We had a resident that we entered into a stipulated judgment agreement with on March 6, 2020.  This was prior to tenants having the ability to claim financial hardship or having the Moratorium in place. They paid 2 payments but stopped paying the terms of the agreement as well as not paying their current rent payments. Are they protected under the financial hardship provisions of the Moratorium? Are we required to send them the Declaration of Financial Hardship? Can we file an Affidavit of Non-compliance due to the resident not complying with the stipulated agreement? 

 

 

 

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