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Phil Querin Q&A - Accepting Rent When Another Name is On the Check

Phil Querin Questions & Answers
Phil Querin

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.

Phil Querin Q&A: Unauthorized Resident Who Is Also A Pedophile

Phil Querin Questions & Answers
Phil Querin

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.

Phil Querin Q&A: Occupancy Limits in 55+ Community

Phil Querin Questions & Answers
Phil Querin

Answer: You must have at least one person who is 55 years of age or older living in at least 80% of its occupied units. This 80/20 rule is critical. Generally, communities strive to be over 80%, since falling below 80% occupancy [even upon death of a qualifying 55+ resident] means immediate disqualification.

Phil Querin Q&A: Meth User and Eviction

Phil Querin Questions & Answers
Phil Querin

Answer: You are correct that ORS 90.630 may only be used to give residents notice of a violation and an opportunity to cure. This is not so say you couldn'tuse a 30-day notice in this case, but the "cure" would be for the resident to stop possessing the meth, which would be highly difficult to verify.

Phil Querin Q&A - Tenant Video Cameras

Phil Querin Questions & Answers
Phil Querin

Answer: I doubt the park rules contain anything about privacy rights or the use of video cameras. As to laws being broken by the use of the camera, I don't believe there are any. Thus, I don't seen any management responsibility at this point.

Phil Querin Q&A: Resident Dies - Administrator Initially Cooperative Turns Ugly

Phil Querin Questions & Answers
Phil Querin

Answer: This sounds like an episode from a Jerry Springer reality show! Your question doesn'tmake it clear whether the estate was formally filed for probate in court, in which case this "Administrator" would be subject to court supervision and would have to have a bond.

Phil Querin Q&A: Dealing With a Failing Well in a Manufactured Home Community

Phil Querin Questions & Answers
Phil Querin

Question. We have a problem and I'm looking for guidance as to the proper way to handle it. Our well is going dry. Upon inspection, our well expert said we had only four feet of water. Although the system recovers overnight, there have been numerous occasions when the holding tank (2600 gallon capacity) is below 500 gallons.