MHCO Legal Counsel

Phil Querin Q&A: System Failures in Manufactured Housing Communities

Question:Our park is having plumbing issues. One resident says a sewage pipe may be collapsing that is obstructing sewage flow. Another resident complains that their tap water is discolored, and says they have to install an expensive filtration system.

 

My question is “Where is the line between resident responsibility and landlord responsibility for park systems – from well water, public water, septic, public sewer, and electrical systems, etc.”?

 

 

Phil Querin Q&A: Lease Renewal

 

Question:  I have recently revised all of our lease agreements including Oregon, where I have made substantial updates and changes. I understand that by law I have to give renewal notices 60 days in advance of a lease expiration if I want the tenant to continue on the newly proffered lease.I understand that pursuant to ORS 90.545, I am supposed to identify what is different in the new lease from the old one. Due to the number of changes I’ve made, it would be very difficult to identify and list them all. 

I’m wondering if I can just inform the residents that the new lease has numerous updates and that they should read it as if it were a completely new edition. 

 

The only other real option is to offer a redline version which would be so marked up it would be difficult  to read and understand. Can you check to see what would meet the requirements of the notice?

 

 

Phil Querin Q&A: Thirteen Year Old Boy Matures - Now Eighteen - Is He A Resident?

Question:  A family moves into a manufactured housing community with a thirteen year old boy.  Five years later the parents vacate the home but leave the boy who is now eighteen. Even though the eighteen year old was never subject to a background check, never signed a rental agreement etc., is he now a considered a resident?

 

 

Phil Querin: New MHCO Form 5E - For  Park-Owned - Resident Owned - SubLeasing (PortlandOnly)

 

 

Portland Housing Code 30.01.085 (Portland Renter Additional Protections), here, became effective on November 1, 2019.  For manufactured housing parks located in the City of Portland, the ordinance DOES NOT apply to rental spaces in which the tenant owns their home; it only applies to rental spaces in which the tenant is renting a park-owned home or subleasing a home from the owner. For purposes of this article, only park-owned homes will be addressed. However, in the event a tenant wishes to sublease a home – and it is permitted by the rules or rental agreement – park owners may discuss with the tenant his or her legal obligations under the Portland ordinances – not because there is a legal obligation to educate the tenant, but because of the financial consequences that can flow from ignoring the law.   


 

 

Phil Querin Q&A: Resident Drunken Disorderly Conduct - Shouting at Other Residents

Question:  We have a resident in the park who recently got into a verbal shouting match with another neighbor.  The resident was extremely intoxicated at the time and made threats and gestures that were very inappropriate and provocative.  There are some residents who want us to immediately issue a 24-hour notice.  However, until this incident, the resident has been a good tenant and never caused a problem.  How should we handle this?  This incident seems entirely out of character for this individual.
 

 

Phil Querin Q&A: Abandoned Home Sells - No Notice To Landlord - 60 Day Clock

Question: A member is near the end of an abandonment notice.  The former resident and owner of the home without notice to the landlord sells the "abandoned" home to another person.   Does the landlord have to send a new abandonment notice to the new owner and restart the 60 day clock?  

 

© 2011-2020 Manufactured Housing Communities of Oregon (MHCO)

503-391-4496 | Contact MHCO

MHCO Information Security Policy (2018-20)

Web design and development by Cosmonaut