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Phil Querin Q&A: Is Domestic Violence a Defense to Non-Payment of Rent?

Phil Querin Questions & Answers
Phil Querin

Answer: Domestic violence is a defense to eviction, but only under the proper circumstances. I have set out the law in its entirety below. As you can see, the law presumes there has been a violent act for which the landlord is evicting everyonein the space, i.e. the villain and the victim.

Phil Querin Q&A: Drones in the Community

Phil Querin Questions & Answers
Phil Querin

Answer. The law in Oregon and elsewhere is still developing. However, what you are describing is already a violation of law. The laws currently in existence are significant, and should be kept in mind for those thinking about using drones, or those feeling harassed by them.

 

Phil Querin Q&A: 72 Hour Notice and Partial Payment

Phil Querin Questions & Answers
Phil Querin

Answer: The Oregon landlord-tenant law does not "require" that a landlord accept partial payments. To the contrary, it provides that it is a "tenant's duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement... ."

 

Phil Querin Q&A: 55 and Older Community - Applicant is 47

Phil Querin Questions & Answers
Phil Querin

Answer: You may accept the prospective tenant. Under federal law, at least 80% of the spaces must be occupied by at least one tenant age 55 or over. The remaining 20% was originally reserved as "padding" in the event that one or more of the spaces became occupied by someone under 55, say, through death of the qualifying tenant and inheritance by a nonqualifying tenant.

Phil Querin Q&A: Abandonment and Senior Tax Deferral

Phil Querin Questions & Answers
Phil Querin

Answer: The Department of Revenue ("DOR") is treated like any other lienholder. It is critical that before the 45-day letter is sent, the park check with the Oregon Department of Consumer and Business Services ("DCBS") to determine if there are any lienholders on title. We understand that DOR is now showing up on the DCBS records.

Phil Querin Q&A: Repairs Upon Resale

Phil Querin Questions & Answers
Phil Querin

Answer:  The answers to some of your questions can and should be found in the rules and regulations.

Phil Querin Q&A: Violations Continue Under 30-Day Notice

Phil Querin Questions & Answers
Phil Querin

Answer: In theory, you should be able to give a 20-day non-curable notice within the 30 days if the same violation occurs. This is because the law provides that the 20-day notice may be issued if substantially the same violation occurs within six months of the date of issuance of the 30-day notice. A few years ago, the law measured the six month period from the end of the 30-day period.

Phil Querin Q&A - ADA and Reasonable Accommodation in a Manufactured Home Community

Phil Querin Questions & Answers
Phil Querin

Answers to Questions Nos. 1 and 2. Under the Fair Housing Act ("the Act") landlords are required to make reasonable accommodations to the rented facilities and common areas, if so requested by a handicapped tenant or their legal occupant. This law applies to the use of assistance animals.