Phil Querin Q&A: Two Questions on Plumbing
Answer A: First, the MHCO Lease cited above addresses this. Not fixing the leaks, which are their responsibility to do, is a violation.
Answer A: First, the MHCO Lease cited above addresses this. Not fixing the leaks, which are their responsibility to do, is a violation.
Answer: First, it must be noted that since tenants are not “owners,” and therefore, the caselaw and statutes that might apply to the latter do not necessarily apply to tenants in manufactured housing communities where the Spaces are rented.
Answer: There is no need to create a new rental agreement unless there is a good reason. A “good reason” might be because the existing rental agreement is old and outdated.
Late Charges or Fees.
Answer: I find no statutory authority giving tenants a legal right to access the records maintained by the landlord or manager. There is nothing in the Oregon Landlord-Tenant Act allowing this.
Changes to Tenant Screening Notice. If a landlord intends to charge an applicant for screening, the landlord must provide notice of various information related to screening and landlord policies (see MHCO Form 1B). One of the things an applicant must be notified of is the landlord’s commitment to non-discrimination.
Answer: I will address this in a series of suggestions which will hopefully provide some answers and/or approaches. First, remember that park property is private property. The landlord owns the spaces and common areas, and the residents own their home.
Answer: This is a very broad question, which is why the answer will have to be general. What follows are some of the major issues that occur.
Answer: At the risk of dating myself, I represented MHCO many moons ago when Oregon’s abandonment law was first being negotiated.
Answer: Currently, ORS 90.600(2)(b) limits rent increases to 7% plus CPI (“Cap”) for any 12-month period.