Columns

  Always Assume The Matter Will Go To Court   While most legal notices will have their desired effect – e.g. the tenant will pay the rent, or maintain the space, or do what is necessary to comply – there are a small number of tenants who will fight. Of those who fight, some will secure an attorney. Most attorneys know that the easiest way to…

Question:  A former tenant who signed over his mobile but left the Park with almost $8,000 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…

  A fair housing myth: You have to treat everyone the same to comply with fair housing law. It’s a common belief, but it’s not as simple as that. The law requires that you give everyone an equal opportunity to live at your community—not that you treat everyone the same. It’s often true that treating everyone the same helps to counter any…

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action. On January 1, 2024, Oregon House Bill 2634 went into effect.  HB 2634 contained some important changes to the laws governing RV parks and RV tenants.   First, HB 2634 cleared up an ambiguity…

    The Basics. Except where the physical condition of the home is at issue, a landlord may terminate the space rental agreement by giving the tenant not less than 30 days’ notice in writing if the tenant: Materially violates a law related to the tenant’s conduct as a tenant; Materially violates a rental agreement[1] provision related to the…

  Legal Risk: People who are in this country illegally can’t sue for discrimination under the FHA if that’s the sole reason they experience discrimination. Explanation: In January 2003, HUD issued a memo clarifying that the FHA “does not prohibit discrimination based solely on a person’s citizenship status”; nor, the memo adds, does the law bar…

  Over the next couple months, MHCO will focus on the most significant new FHA “protected classes.”  Analysis will explain the legal basis for extending FHA protection to the group and list the practical measures landlords can take to manage liability risks when dealing with members of each group. We’ll conclude the analysis of each new emerging…

  Question:   Oregon passed a law last year that prohibits housing providers from implementing community rules prohibiting residents from having daycare facilities in their homes.  Among other things, the law states that housing providers can require residents with these facilities in their homes to provide proof of insurance.  However, I’m…

  Question: I’m trying to clarify if an existing and lawful utility charge (e.g., sewer or trash), is increased by the provider, do we have to give advance notice of the increase to the residents before we can pass it through?   For example, if the garbage provider increases its rates from $32/mo to $34/mo for the same service, is management…

Landlords may be liable for discrimination if they harass or allow their leasing staff, managers, and other agents to harass tenants on the basis of race, etc. Recent cases pose the controversial question of whether landlords can also be liable for the harassment committed by their tenants. The two federal courts that had specifically addressed…