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Phil Querin Q&A: Abandoned t Home Community Owner Wants to Obtain Home

Phil Querin Questions & Answers
Phil Querin

Answer: All good questions. The entire statute, which is lengthy, is found at ORS 90.675. (a) Can a landlord acquire a home that is in abandonment? Yes. Assuming that the abandonment process has been formally commenced, the landlord would have to wait for the 45 day period to expire and then if the property was over $8,000, it would have to be advertised and sold via sealed bid.

Phil Querin Q&A: Partial Payment Offered By Resident on the 5th of the Month

Phil Querin Questions & Answers
Phil Querin

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….”

Phil Querin Q&A: Religious and Political Material Left in Community

Phil Querin Questions & Answers
Phil Querin

Answer: This is a new one. The Oregon landlord tenant law does not expressly address this specific issue. The closest it comes are the following laws:

1. ORS 90.755 Right to speak on political issues; limitations; placement of political signs:

Phil Querin Q&A: Resident Couple Divorces - One Moves Out - How to Document

Phil Querin Questions & Answers
Phil Querin

Answer: First, please understand that Oregon law does not directly deal with this – and neither is it addressed in most rental/lease agreements, including MHCO’s. So my responses are based upon my opinion alone. Until an appellate court rules on these issues – which is unlikely, since most such cases are never appealed - the best we can do is speculate. My answers are in italics below.

Phil Querin Q&A: Storage Agreement About to Expire Home Unlikely to Sell

Phil Querin Questions & Answers
Phil Querin

Answer: There are certain facts that are missing from this question. I will supply them and then answer. So, let’s assume the following: (a) This is a periodic (i.e. month-to-month) tenancy; (b) The tenant has moved out of the home and it is now vacant; (c) The rents are not being paid; and lastly, let’s assume that (d) The landlord was to be paid all past-due rent from the sale proceeds.