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MHCO Legal Counsel

Phil Querin Q&A: Security Camera Stolen - 30 Day Notice or 24 hour Notice

Phil Querin Questions & Answers
Phil Querin

Answer:  This is really a 24-hour notice issue.  The applicable statute, ORS 90.396, gives you the right to issue a non-curable 24-hour notice.  The theft constitutes (in my opinion) "outrageous conduct,” for which the notice may issue.[1]  However, it is true that the statute states that a landlord should not issue a 24-hour notice if a 30-day curable notice would suffice.&

Phil Querin Q&A: Applicant Has Criminal Background Concerned About Accepting as Temporary Occupant

Phil Querin Questions & Answers
Phil Querin

UPDATE: Thanks to John VanLandingham for reminding me that pursuant to the recently enacted Senate Bill 970, ORS 90.303 was amended to provide that when evaluating an applicant for tenancy, the landlord may not consider: (a) A criminal conviction for possession of marijuana; nor (b) Possession of a medical marijuana card, or status as a medical

Phil Querin Q&A: Leaky Water Pipes and Clogged Sewer Lines

Phil Querin Questions & Answers
Phil Querin

Answer A : First, the MHCO Lease cited above addresses this. Not fixing the leaks, which are their responsibility to do, is a violation. Secondly, ORS 90.740(f) requires that tenants "(u)se electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems.

Phil Querin Q&A: RVs in RV Park Under the New Rent Control Law

Phil Querin Questions & Answers
Phil Querin

Answer: RVs are not treated the same as manufactured homes. They are subject to the general landlord-tenant law (as opposed to the manufactured housing side of that law). This means that if an RV tenant is renting the space on a month-to-month basis, you cannot increase the rent during the first year, and after that only with the issuance of a 90-day written notice.