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Phil Querin Q&A - Partial Payment of Rent - Landlord's Rights

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 - Vetting Criminal History In The Application Process

Phil Querin Questions & Answers
Phil Querin

Answer:  In a word “Yes”. Today, the rule of thumb should be that subject to certain exceptions (listed below), you should not summarily reject applicants solely because of prior convictions.  I have written and spoken on this issue during 2016. 

 

Tenant Obligations Under Oregon Law

Property Management
Phil Querin
  1. Installation of the Home. Both the home and any accessory buildings, such as sheds, and other structures, such as fences and decks, must be installed in compliance with all applicable laws, such as local ordinances and state building codes.
  2. Disposing of Debris. All ashes, garbage, rubbish and other waste must be disposed of in a clean, safe and legal manner.

Phil Querin Q&A: Caregiver Violates Community Rules

Phil Querin Questions & Answers
Phil Querin

Answer. I suspect you allowed the caregiver in without putting her on an Occupancy Agreement (MHCO Form No. 25 ). See, ORS 90.275. It gives you great latitude to control an occupant's activities, since violation can result in eviction action directly against the caregiver.

Phil Querin Q&A: Resident in Bankruptcy - Landlord's Rights and Responsibilities

Phil Querin Questions & Answers
Phil Querin

Answer. I'm not a bankruptcy attorney, but can tell you generally what the process entails. The moment the resident files for bankruptcy - or even tells you they filed, you should halt any action you're in the process of taking. In the case of the 72-hour notice, you should not file for eviction, even though no rent payment was timely made.

Phil Querin Q&A - Two Question on Children and 55 & Older Communities

Phil Querin Questions & Answers
Phil Querin

Answer to Question 1: Generally, no. However, this isn'ta license to be rude to them. Let's start with the basics: If you are a legal 55+ community, you are not required to admit as residents, persons with children, i.e. those under the age of 18.