MHCO Legal Counsel

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

Question: An occupant lives in a home that is sub-leased from his parents who have moved to Arizona. The occupant has been in the house since the beginning of January, and pays his rent on time. Although he was asked to complete and submit a criminal background check, he still has not done so. Accordingly, we have not given him a written rental agreement to sign. What are our rights at this point in time?

Phil Querin Q&A: Resident Growing Marijuana Plants

Question: While working on another house in the community the manager discovered that the neighbor had a large garden of marijuana plants. The resident claims to have a medical marijuana card. What are my rights as a community owner? Can I ask to see the card? Does the card have to be current? If he has a medical marijuana card what are my rights? If he DOES NOT have a medical marijuana card what are my rights? Finally, the smell from these plants is very pungent and other residents are complaining about the smell. Can I give the resident who is growing the marijuana a 30 day notice for disturbing the peaceful enjoyment of other residents due to the odor?

Phil Querin Q&A: What access to documents and office do I have to provide to Oregon Housing and Community Services?

Question: What records are we obligated to share with state government officials? Recently representatives of Oregon Housing and Community Services ("OHCS") were at the community and stopped by the office. They started asking for documents, copies of forms, etc. What are my rights as a manager or community owner when it comes to these types of situations?

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

Question: Earlier this summer an applicant applied for residency. He met our screening criteria and we sent a letter indicating that he had been accepted. The applicant lives out of town and started sending rent checks but did not sign the rental agreement. There were also repairs that we indicated to him that he needed to make before he could move in. At this point he has title to the home, refuses to sign the rental agreement and we refuse to cash his checks. What should we do?

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

Question: I recently received a rental application from a prospective tenant who is purchasing another tenant's home. I know the applicant to have several judgments against him. He says they have all been taken care of but I don't believe him. I really don't want to spend time processing the application. Do I have to accept and process the application?

Phil Querin Q&A: Resident Convicted of Sex Crime Is Released From Jail. What Can Be Done To Prevent This?

Question: A tenant was convicted of a sex crime - molesting his granddaughters. He will be released from jail shortly. His wife is living in our community, but her name is not on the rental agreement, just her husband's. His intentions are to resume living with his wife in our 55+ Park. What can we do to prevent his return?

Phil Querin Q&A: Ground Under Home Settles - Resident Wants Ground Leveled Under Home

Question: One of my tenants has approached me asking if I would pay to have her mobile leveled. It appears the ground underneath her mobile is settling and the concrete pad has cracked. She indicated that she is worried about the water lines to her home. She has lived in the park for 30 years, and is a former manager approaching 80 years of age. What is my responsibility for leveling mobile homes in the park, even if caused by the ground subsiding?

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