Querin Law

Phil Querin Q&A: Rent Increases With Legislative Action Pending (90-Day Rent Increase Notices Sent Before 2023 Legislation Becomes Law)

90-Day Rent Increase Notices Sent Before 2023 Legislation Becomes Law

 

Question:  All indications are that the 2023 legislature is going to revisit the rent increase formula currently in effect, and once passed it would likely become law immediately upon the Governor’s signature. How can landlords deal with having already issued a September 2022 90-day rent increase notice if the 2023 rent cap is legislatively reduced before the landlord’s previously-issued September 2022 increase goes into effect?

 

Using MHCO Form 30 (Abandonment Form) and Form 30A (Personal Property Abandonment)

 

Introduction. First, let’s start with the basics: There are two main types of property, real and personal. (There is a third category, a hybrid actually, called a “fixture,” which was originally personal property that when securely attached to the real property becomes a part of it. Removal would cause damage to the structure. Fixtures transfer with the structure unless removed by pre-agreement before closing of the sale. In residential housing, attached light fixtures are the main example.) For purposes of this article, we  will ignore fixtures.

 

Querin Article: Important Ruling for Landlords - Shepard Investment Group v. Ormandy, 320 Or App 521 (2022)

Introduction. A recent ruling from the Oregon Court of Appeals should be of interest to landlords, including those owning manufactures housing communities. Many provisions in the Oregon Landlord-Tenant Act apply a multiplier for the landlord’s violation of a statute.

 

A case in point is 90.315(4), a utility billing statute which allows that aggrieved tenants may recover the greater of “one month’s periodic rent or twice the amount wrongfully charged” for each individual violation. In Shepard, the plaintiff sought to apply the statute in an ongoing manner for every month the alleged violation existed. It does not require a calculator to conclude that an alleged violation that existed for 12 months (the statute of limitations under the Act) can amount to a sizeable claim against the landlord – and especially so if brought as a class action on behalf of the entire Park.


 

Phil Querin Article: A Cautionary Tale for Landlords When Calculating Past Due Rent – Hickey v. Scott

 

Holding. In late July 2022, the Oregon Supreme Court issued its ruling in Hickey v. Scott, 370 Or 97 (2022) that addressed the application of ORS 90.394(3).[1] The Court ruled that when issuing a termination notice for nonpayment of rent, the landlord must specify the “correct amount due to cure the default.” Hickey, 370 Or at 101. If the court determines that the tenant owes a lower amount than the amount specified in the notice, the court must dismiss the FED.

 

 

Phil Querin Q&A: Three Questions on Temporary Occupants

Question 1 The law and MHCO ocupancy agreement both state that a landlord can screen an occupant for conduct or criminal history but not for credit history or income level.  If after screening a temporary occupant, the findings reveal that they have civil case(s) and/or eviction matters relating to previous rental history where the derogatory rental reference is financial (not necessarily bad personal conduct).  Can this be grounds for denial? 

 

Background Checks – Always

 

This article is general in nature and is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues. 

 

A very recent court case highlights the ongoing importance of always conducting background checks on potential tenants.  This particular situation arose at an RV park when two overnight guests refused to vacate despite never being offered a rental agreement.  There were unusual circumstances that led to the situation, but the main point is to never let anyone become a tenant without running a thorough and accurate background report first.


 

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