MHCO Legal Counsel

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? 


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?


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