Querin Law

Trees, Limbs and Roots – Liability Issues

Question:  .  What is the landlord’s responsibility when it comes to trees falling on a tenant’s house. Does it make a difference if it is a hazard tree vs. not a hazard tree? What about roots crossing over a space and causing damage to the home on the tenant’s space or the neighbor’s space? What about tree damage that is weather related?

Question: My tenant wants to add another person to their Rental Agreement. This new person has completed their application and has been approved. Do I add them to the existing rental agreement?  I plan a rent increase in six months; will that be a problem for me with this new tenant?

Question:  What are the limitations on late fees?

Question:  A resident wants to see their file kept by the landlord.  Does the landlord have to show the resident the file?

HB 2680 makes several changes to the procedure for tenant screening under ORS 90.295. These changes will be updated in the MHCO Forms.

Screening Notice. The law specifies that upon completion of an applicant’s screening by a screening company or consumer credit agency, the landlord must provide the prospective tenant with confirmation of the screening and a receipt for the screening service from the company and/or agency.

Question. When I try to trespass people off of park grounds, the cops refuse to do so based on the reasoning that they could be invited there by a resident, and they (the cops) have no way of knowing. I have dealt with this issue in numerous parks throughout Oregon, so I know I am not the only one. What can we do?

Question. I am looking for information dealing with fence liability between landlords and tenants, and between tenants and other tenants.

Our Park Management has not put up any fences. All fences were installed by current and past tenants. Generally, my questions relate to the duty to maintain these fences, liability from trees (hazard and otherwise), and repair issues and fences that were installed by past vs. current tenants.

Question:  What happens to the home of a tenant living alone? What protections are in place?

Question:  All indications are that the 2023 legislature is going to revisit the rent increase formula currently in effect, and once passed it would likely become law immediately upon the Governor’s signature. How can landlords deal with having already issued a September 2022 90-day rent increase notice if the 2023 rent cap is legislatively reduced before the landlord’s previously-issued September 2022 increase goes into effect?

Question:  .  What is the landlord’s responsibility when it comes to trees falling on a tenant’s house. Does it make a difference if it is a hazard tree vs. not a hazard tree? What about roots crossing over a space and causing damage to the home on the tenant’s space or the neighbor’s space?