MHCO Legal Counsel

Answer: I assume you are referring to a sale where you carry back the security obligation (as opposed to the buyer paying cash or securing third party financing).[1] In this respect, you are correct, subject to several limitations.

Answer: One of the most common types of residential eviction is also the most misunderstood - the nonpayment of rent eviction. A good tenant's attorney can frequently retain possession for his/her client, even though they clearly failed to pay the rent when due.

Answer: Oregon case law says that holding a check an "unreasonable period of time" is deemed to be acceptance. What is a "reasonable" vs. "unreasonable" period of time? The answer is based on the facts of each case, prior conduct of the parties, and a host of other variables.

Answer: All good questions, and ones that I have not addressed for some time. There are several statutes that come into play:

90.514 Disclosure to prospective tenant of improvements required under rental agreement.

Answer: As to your question regarding the assessment of a late fee, here is what ORS 90.260(1) provides:

(1)A landlord may impose a late charge or fee, however designated, only if:

Answer: After sending or delivering the 45-day abandonment letter, a landlord is required to store the home on the rented space and shall exercise reasonable care for it; and is entitled to reasonable or actual storage charges and costs incidental to storage or disposal. The storage charge may be no greater than the monthly space rent last payable by the tenant.

Answer: In a guest blog dated March 13, 2015, Jo Becker, Educational/Outreach Specialist for the Fair Housing Council of Oregon ("FHCO") posted an article for the Willamette Valley MLS titled: "Screening without Social Security Numbers: There are Options!" The post is set out in full at this link.

Answer: One issue is accepting rent from a possessor after the legal tenant has gone. This can occur, for example, where someone is residing at the space under a Temporary Occupancy Agreement, but the approved tenant, no longer resides there. Alternatively, the person could be a lawful visitor, who has overstayed their permitted time, and the legal resident has left.

Answer: Much depends on your rules and rental agreement, which you've not addressed. For purposes of my response, I will assume that one or both of these documents require that if a resident wants to have a person live with them at the home, they must so notify the landlord, get a background check and have management approval.