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Phil Querin Q&A: When to use 'Writ of Execution'

Phil Querin Questions & Answers
Phil Querin

A: The writ of execution is necessary only in those cases in which the tenant refuses to vacate after the court has awarded possession of the space back to the landlord (also known as a "judgment of restitution"). If the tenant has voluntarily left following issuance of the judgment of restitution, the landlord may declare an abandonment after 7 days following the judgment.

Phil Querin Q&A: Rent! Everything You Thought You Knew

Phil Querin Questions & Answers
Phil Querin

Answer. There is a critical difference between fixed term leases (i.e. those having a definite commencement date and expiration date) and periodic tenancies (i.e.

Phil Querin Q&A: Applicant's References Never Respond

Phil Querin Questions & Answers
Phil Querin

Answer: You should discuss this with the applicant. Reasonable cause for rejection includes the failure of their references to respond to your request for verification within the time allowed for acceptance or rejection.

Phil Querin Q&A: Landlord Refuses to Accept New Applicants

Phil Querin Questions & Answers
Phil Querin

Answer: ORS 90.680 permits tenants to resell their homes to qualified prospective tenants. The refusal to permit or process new applications would appear, on its face, to be a clear violation of the statute.[1] The landlord certainly has the right to screen the new applicants, but not to refuse them outright.

Phil Querin Q&A: Failure To Put Agreement In Writing - Failure to Qualify Resident

Phil Querin Questions & Answers
Phil Querin

A: The landlord did several things wrong:

(a) he/she failed to reduce the agreement to writing, saying, for example, that the niece had to comply with all of the rules and regulations, that she was responsible for the rent, and generally fully memorializing the arrangement.

Phil Querin Q&A: Home Damaged During Storm

Phil Querin Questions & Answers
Phil Querin

Answer.   The land is owned by the landlord, not the tenant. While the landlord has certain responsibilities regarding the ground,[1] most of these duties apply at the time in installation of the home.

However, ORS 90.730(3)(g) provides:

Phil Querin Q&A: Storage Agreement Dispute

Phil Querin Questions & Answers
Phil Querin

Answer. Their fight is with each other, but the court will decide ownership; who signs the storage agreement is not going to carry the day. So in the interest of moving this forward, let them both sign.

Phil Querin Q&A: Utility or Service Charge Payments

Phil Querin Questions & Answers
Phil Querin

Answer. You are referring to ORS 90.532 (4) (Billing methods for utility or service charges; system maintenance; restriction on charging for water.) which provides: