MHCO Legal Counsel

Phil Querin Q&A: Use of Storage Agreements

Question:  A contractor has been buying homes in the community, placing them on Storage Agreement and flipping after improvements.  Can a park owner deny a contractor a storage agreement based on a previous bad track-record in the community - shoddy improvements, bad dealings with new purchasers etc.  Are there any grounds to deny a contractor a storage agreement?  Can the park owner increase the storage fee during the contract and if so with how much notice?  If the property is not being maintained, how does the park owner terminate the storage agreement?

 

Answer: Storage agreements are not specifically defined under ORS 90.100 in the Landlord-Tenant Act. They are addressed in ORS 90.425 and 90.675, the abandonment statutes that pertain to the storage of a tenants personal or real property (respectively).

Phil Querin Q&A: Landlord Pass-Throughs of Public Service Charges

 

Question: As a park owner we pass through the sewer and water charges to our residents. Currently, they are on 5-year leases, all expiring at various times. The leases address our right to pass through utilities. However, fire and police fees have been attached to the water/sewer bills we receive from the city. May we pass those additional fees through, and if so, how much notice must we give to the residents?

 

Answer:  The short answer is Yes. The utilities section of the manufactured housing side of Oregon’s landlord-tenant law is ORS 90.560(4) provides:

Phil Querin Q&A: Tenants Rent Tenders After Eviction Filed

Question: Landlord sent a 10-day nonpayment of rent notice to a resident.  The night before filing the FED the landlord called the resident to remind them to pay - hoping to resolve it before filing and paying the filing fee.  Landlord did not hear back from the resident, so he filed the FED and paid the filing fee of $143.00.  Several days later the resident shows up at the park office and offers to pay the rent.  Landlord refused to accept the rent tender since the resident would not also pay the filing fee.  Can the landlord decline the rent tender after filing the FED if the resident refuses to pay the filing fee? What happens in court?

 

Answer: This is a timely and important question. In March 2023 HB 2001 was enacted, which reinstated some of the earlier Pandemic tenant protections including restoring the 10-day and 13- day period in nonpayment of rent notices.

Phil Querin Q&A: May a Landlord Unilaterally Decline to Renew a Resident’s Fixed Term Tenancy?

 

 

 

Question:  We have a resident in our community that has been nothing but trouble.  He is on a two year lease that is coming up for renewal.  Can we simply decline to renew his lease?

 

Answer:  In a word – No.  Or, to be more precise, as discussed below, if you do not renew the lease, it will automatically become a month-to-month tenancy on the same terms as the lease.  In other words, your non-renewal will not result in forcing the tenant to vacate the space.

MHCO Forms Changes For Pets

Introduction: MHCO has several forms that deal directly and indirectly with pets. In July, 2024, several changes/updates were made to them. Below is a summary:

 

 

  1. Form 21 Pet Agreement. The form now includes a “Notice of Rights Under ORS 90.530” which summarizes management’s rights and restrictions. It is contained at the top of the first page so it can’t be missed. Generally, it informs residents about the landlord’s right to control pet activities, the maximum of $50 on fines, and liability insurance.

 

Phil Querin Q&A: Home Fire in the Community – Rights, Duties and Liabilities

Question: A home burned down over the weekend in my community.  What are my rights and responsibilities?  How does the scenario change depending if the resident has or does NOT have insurance?

Answer:   This is a good question, and all too frequently ignored by owners and managers. The first question is whether the issue is addressed anywhere in the community documents, i.e. the statement of policy, rules, or rental agreement. Likely not.

Phil Querin Q&A: Partial Rent Payments

Question: What are the rules that apply if the landlord agrees to accept rent in an amount less than required under the Rental Agreement?

 

Answer: This was covered in a December 2016 MHCO Article. The major change in the law since then was due to the elimination of 72-hour notices of nonpayment of rent. Now a 10-day notice must be issued. (MHCO does not have a form for 144-hour notices, but it too has been eliminated.

Phil Querin Article : Tips for Preparing Bulletproof Notices

 

Always Assume The Matter Will Go To Court

 

While most legal notices will have their desired effect – e.g. the tenant will pay the rent, or maintain the space, or do what is necessary to comply – there are a small number of tenants who will fight. Of those who fight, some will secure an attorney. Most attorneys know that the easiest way to win is to attack the notice for some deficiency. If the notice is legally insufficient, the landlord’s case will fail without any examination of the merits of the case. The failure to win in court oftentimes leaves management with an unmanageable tenant.

 

Accordingly, when landlords and managers prepare notices, they should always assume that the notice will be contested. This approach is the best protection landlords have in securing compliance in those cases where the tenant decides to fight.

 

What does it mean to draft a notice as if the matter will go to court? It means that someone – the judge or jury - will be scrutinizing the document. It means making sure that everything is filled out correctly before mailing or delivering it. It means using a form, if one is available, rather than hand-drafting a notice. It means making sure that the proper form is used. In some circumstances, it may mean having your attorney review the form before sending it out.

 

 

Always Use A Calendar

 

Phil Querin Q&A: Child Care Facilities in Oregon Manufactured Housing Parks

 

Question:   Oregon passed a law last year that prohibits housing providers from implementing community rules prohibiting residents from having daycare facilities in their homes.  Among other things, the law states that housing providers can require residents with these facilities in their homes to provide proof of insurance.  However, I’m unclear as to what type of insurance and how much we should be requiring.  At our park there are two residents offering daycare services in their homes and we’d like to follow-up and require liability insurance.  What type of insurance should we require of them and in what amounts?  Is there anything more we ought to be doing in response to this change in Oregon law?  Thanks. 

 

 

Answer:  First, a reminder. MHCO’s Q&As are provided as a member benefit for information only; they should not be relied upon as legal advice. You need to check with your own attorney on a detailed answer to your question.

 

Phil Querin Q&A: Increases in Utility Charges by Provider in Manufactured Housing Facilities

 

Question: I’m trying to clarify if an existing and lawful utility charge (e.g., sewer or trash), is increased by the provider, do we have to give advance notice of the increase to the residents before we can pass it through?

 

For example, if the garbage provider increases its rates from $32/mo to $34/mo for the same service, is management required to notify the residents in advance? And if no advance notice is required, but we get the increase from the provider after already passing through the lower charge, may we recoup the shortfall by sending out a “catch-up” notice to the residents?

 

Answer:  It you review the Oregon Revised Statutes in Chapter 90, the landlord-tenant section of the law, you will find no clear answer.[1]  The general rule is that landlords may pass through a utility provider’s charges[2]

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