MHCO Legal Counsel

Phil Querin Q&A - Landlord's Right to Convert Garbage Costs to Pass-Through Program

Question. Our city garbage company is going to increase my per space rate by six dollars per month per can, which is a drastic increase. I'm wondering if I have the legal right to back out of my base rent the current garbage costs, and then require our residents to pay directly. Our current rental agreements include the garbage in base rent, which means currently I will have to absorb the cost of the increase for everyone. Any suggestions?

Phil Querin Q&A: Landlord's Right of Access to Install Submeters


Question. We are sub-metering a property and have given all the appropriate notices including the 24 hour notice for right of entry to their space. About 20 residents have denied our access to the site and are asking us to provide them with exact dates on when we can enter their space. We could do that however as with all of these projects delays may happen and it would require the possibility or multiple 24 notices to change the dates of entry. Do the residents have right to do this, if we have given them a 24 hour notice with a window of 30 days for which we could gain access to their lot. Also if we relented on the original plans and 24 hour notice and we hand-posted a 24 hour notice for the right of entry when we know which sites we will be working on the next day is that an option?



Phil Querin Q&A - What To Do When Resident's Children Reach 18 Years Old and Remain In Community


Question. We have residents whose son just turned 18, and will continued to live at home for the time being. So far, he has not caused any problems, and we have no reason to believe he will. But now that he is an adult, should we require that the he go through a criminal background check and formally apply to become a tenant?

Phil Querin Q&A: Section 8 Housing: Can It Require Landlord Repairs To The Home?


Question. We have a tenant that rents one of our Studio Apartments, recently she requested to rent one of our mobile homes that just became vacant. She informed us that she was approved for Section 8 and also that there would be an inspection of the Unit. We would like to know if we would be required to pay for any changes or upgrades due to the result of the inspection.

Phil Querin Q&A: Hazard Trees & The Root of the Problem

Question. Our park has Ash trees on most of the spaces, planted by the owners when the spaces were first occupied. Most of the trees are between thirty and forty years old.

We routinely maintain the above-ground parts of the trees. We prune and repair the trees as needed, and occasionally remove trees when necessary. In some cases the roots have damaged walkways or street curbs, creating potential trip hazards. When that happens we hire contractors to remove the damaged concrete and the intruding roots, and replace the concrete. The park absorbs these costs.

My question has to do with other types of root damage. We recently repaired damaged walkways and curbs at several spaces. In addition to the damage we repaired, two residents complained of additional damage.

In one case it appears that a root was lifting a pier block under the deck, causing the deck to rise at one corner. I had the contractor cut the root while they were repairing the walkway, which should stop the root from growing, and the deck from lifting. The resident has now demanded that I remove the root and re-level the deck. This looks like a pretty big job that could easily snowball.

In another case the homeowner has noticed that the floor of the home is out of level. It appears that a root is lifting one or more of the supports under the home. I expect her to ask me to pay for getting the home re-leveled.

As the park owner, what is my responsibility for damage such as this to the manufactured home structure caused by tree roots? These trees are all greater than 8 inches DBH. It seems to me that if root intrusion issues are brought into the mix, any tree over 8 inches DBH would automatically be a hazard tree. Is that really how we should be interpreting the law?

Phil Querin Q&A: Additional Thoughts on Home Burns Down in Community

In early June, following my article titled "Home Fire in the Community" (Phil Querin Q&A: Home Burns Down in Community - What next? - Published June 4, 2015) I received an email from John Van Landingham with a 'gentle reminder' that "...you might want to add that, if a governmental agency posts the burned-out home as constituting a health hazard, the abandoned property timelines can be shortened. ORS 90.675 (21)." John was -- as usual -- absolutely correct. John and I were both involved in the creation of the abandonment law fifteen years ago (has it really been that long?), so I have no excuse in forgetting this important provision. Mea Culpa! Below is an amplification of my earlier post.

Phil Querin Q&A - Resident Leaves but Returns Requesting Temp Occupant Status

Question: A former tenant who signed over his mobile but left the Park with almost $4,000 in back rent, unpaid property taxes and attorney fees is now applying to be a Temporary Occupant in a neighbor's home. Is there any way I can prevent him from living in the Park? If I deny him temporary occupancy, I'm afraid he will say he will be serving as a care giver for the current tenant. What can I do?

Subscribe to MHCO Legal Counsel