MHCO Legal Counsel

Make sure that your contractor is licensed and bonded with the Construction Contractor's Board ("CCB")

Answer: Regarding the security deposit, the landlord-tenant statutes do not directly provide direction. Since we don't know who actually "paid" the deposit and whether it was from their combined marital funds, I think this question should be asked, assuming you have the current address for both former spouses.

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... ."

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. 

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.

Answer: Here is a quick primer on ORS 90.727, the hazard tree statute, which was enacted in the 2013 Legislative Session:

Oregon Law.

1. Definitions.

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.

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.

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.