MHCO Legal Counsel

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.


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