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MHCO Legal Counsel

Phil Querin Q&A: Tenant Sub-Leases - Refuses Background Check

Phil Querin Questions & Answers
Phil Querin

Answer: There are several issues here. One, you've accepted rent from the occupant for the last several months. For all intents and purposes, you have accepted him as a tenant - even though he is not there on a written rental agreement and even though you have no criminal background check on him. Even if your rules prohibit subleasing, that too, has been waived.

Phil Querin Q&A: Resident Growing Marijuana Plants

Phil Querin Questions & Answers
Phil Querin

Answer: This is a very complicated issue on several levels. For example, marijuana is a controlled substance under Federal Law. Under Oregon law, use and cultivation in limited amounts pursuant to a lawful Medical Marijuana Card are legal. The Oregon laws are linked here.

Phil Querin Q&A: Applicant Pays Application Fee - Can Landlord Also Charge a Move-In Fee?

Phil Querin Questions & Answers
Phil Querin

Answer: This question involves 90.297, which provides as follows: - Except as permitted in ORS 90.295 (fees for tenant screening charges) a landlord may not charge a deposit or fee, however designated, to an applicant who has applied to a landlord to enter a rental agreement for a dwelling unit.

Phil Querin Q&A: Applicant Qualifies, Moves In, Does not Sign Rental Agreement

Phil Querin Questions & Answers
Phil Querin

Answer: First and foremost, send the checks back as soon as they come in. Do not hold onto them, as there is Oregon case law saying that doing so for an unreasonable amount of time can constitute acceptance. Include a letter with the checks reiterating what you told him about the necessity of the repairs and the need to sign the rental agreement.

Phil Querin Q&A: Accepting Application When You Suspect Applicant Does Not Qualify.

Phil Querin Questions & Answers
Phil Querin

Answer: A judgment is a lien on all real property that is owned by the judgment debtor in the county in which the debtor resides. The lien gives the judgment creditor the right to "execute" on that real property, i.e. force a sale of the property with the proceeds being applied toward payment of the judgment. It is good for ten years and can be renewed for another ten years.