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Phil Querin Q&A: Married Couple Divorce - They Qualified Based Upon Joint Income - Now What?

Phil Querin Questions & Answers
Phil Querin

Here are my questions: 1. Do we write a new lease for the remaining resident or keep the old lease with both residents on the lease? A new lease would presumably require than any new occupants be qualified all over again. But the current occupant would not qualify. Secondly, the ex-spouse would have no liability for space rent going forward.

Phil Querin Q&A: Is Domestic Violence a Defense to Non-Payment of Rent?

Phil Querin Questions & Answers
Phil Querin

Answer: Domestic violence is a defense to eviction, but only under the proper circumstances. I have set out the law in its entirety below. As you can see, the law presumes there has been a violent act for which the landlord is evicting everyone in the space, i.e. the villain and the victim. The domestic violence law says you cannot evict the victim for the violent act.

Phil Querin Q&A: Billing Back Sewer Charges to Residents

Phil Querin Questions & Answers
Phil Querin

Answer: Sewer changes are considered a utility. ORS 90.532 ("Billing methods for utility or service charges") provides that, subject to certain exceptions, landlords may provide for utilities or services to tenants by one or more of several alternative billing methods, depending upon the billing "relationship" between landlord and tenant: 1.

Phil Querin Q&A: Temporary Occupant Stealing Electrical Power

Phil Querin Questions & Answers
Phil Querin

Answer: Assuming that the landlord has a temporary occupancy agreement in place, the answers are found in ORS 90.275 (Temporary occupancy agreement; terms and conditions). Specifically: - The temporary occupancy agreement is between the landlord, tenant and temporary occupant - all must sign. - The temporary occupant does not have the same rights as a tenant under the landlord-tenant law.

Phil Querin Q&A: Selling New Manufactured Home for Community Sales

Phil Querin Questions & Answers
Phil Querin

Answer: The following answers should not be regarded as "legal advice" since this column is intended to be purely educational and for general information purposes. You need to consult your own attorney for a legal opinion. - You are correct about the law; the limited dealer's license is just for park owners with abandoned homes.

Phil Querin Q&A: Tree Limb Falls On A Residents House

Phil Querin Questions & Answers
Phil Querin

Answer. Many manufactured housing communities in Oregon have large trees. While Oregon law has imposed the duty of general tree maintenance on the residents, there is little question but that most do not have the expertise, skill or financial means to provide the type of maintenance that may be required for large older trees.

Phil Querin Q&A: More Questions on Water Sub-Metering

Phil Querin Questions & Answers
Phil Querin

Answer: ORS 90.532 (3) provides as follows: Except as allowed by subsection (2) of this section for rental agreements entered into on or after January 1, 2010, a landlord and tenant may not amend a rental agreement to convert water or sewer utility and service billing from a method described in subsection (1)(b)(C)(i) [i.e.

Phil Querin Q&A: Submetering and Common Areas

Phil Querin Questions & Answers
Phil Querin

Answer: The submetering statutes, ORS 90.531 - 90.539 are complex and confusing. As most owners and managers know who have explored converting to submeters, the concept is relatively simple. But the devil is in the details, i.e. the statutes. The basic concept is that for communities with utilities [e.g.