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Querin Law

Phil Querin Q&A: Resident Leaves State - Appropriate to Mail 72 Hour Notice?

Phil Querin Questions & Answers
Phil Querin

Answer:  If the tenant has left the home, this does not mean that the landlord’s non-payment of rent notices must follow the tenant around the country in order to be effective.  Rather, in cases where the tenant apparently abandons the home (or at least is ignoring his/her space rent responsibilities while gone), the landlord should send the 72-hour notice t

Phil Querin Q&A: Security Camera Stolen - 30 Day Notice or 24 hour Notice

Phil Querin Questions & Answers
Phil Querin

Answer:  This is really a 24-hour notice issue.  The applicable statute, ORS 90.396, gives you the right to issue a non-curable 24-hour notice.  The theft constitutes (in my opinion) "outrageous conduct,” for which the notice may issue.[1]  However, it is true that the statute states that a landlord should not issue a 24-hour notice if a 30-day curable notice would suffice.&

Phil Querin Q&A: Applicant Has Criminal Background Concerned About Accepting as Temporary Occupant

Phil Querin Questions & Answers
Phil Querin

UPDATE: Thanks to John VanLandingham for reminding me that pursuant to the recently enacted Senate Bill 970, ORS 90.303 was amended to provide that when evaluating an applicant for tenancy, the landlord may not consider: (a) A criminal conviction for possession of marijuana; nor (b) Possession of a medical marijuana card, or status as a medical

Phil Querin Q&A: Rules Changes in Manufactured Housing Communities

Phil Querin Questions & Answers
Phil Querin

Answer: Both approaches are incorrect, as they do not comply with 90.610and 90.155for proper rule changes. This is exceeding risky, since, in my opinion, it creates the potential tenant argument that not being effectively enacted means the new rule is not enforceable.

Phil Querin Q&A: Section 8 Resident Non Payment of Rent

Phil Querin Questions & Answers
Phil Querin

Answer: It is unclear to me whether your complaint is with the housing authority running the voucher program or the tenant using the program.

 

I do not recommend you refusing to allow Section 8 housing applicants. ORS 59A.421 (Discrimination in selling, renting or leasing real property prohibited) provides: