Davis Wright Tremaine, LLP
Bill Miner
1300 SW Fifth Avenue, Suite 2300
Portland, OR 97201-5630
503.241.2300
billminer@dwt.com
Bill Miner
1300 SW Fifth Avenue, Suite 2300
Portland, OR 97201-5630
503.241.2300
billminer@dwt.com
Adam Cook
18150 SW Boones Ferry Road
Portland, OR 97224
Phone: (503) 244-2300
Fax: (503) 768-4660
E-mail: Adam.Cook@cwres.com
www.cwres.com
"One toke over the line sweet Jesus One toke over the line Sittin' downtown in a railway station One toke over the line" ~ Brewer & Shipley, 1971. Background. Landlords in Oregon are understandably flummoxed by the new prescription drug du jour, medical marijuana. Why?
Question: I understand that the Oregon statutes now permit landlords to levy fines against tenants who violate the rules. Where is the statute and what does it say?
Question: A resident in our community has ants in her home. She says they are coming from the ground around the home and has had an exterminator out who confirms that the infestation is coming from the ground. The resident demands that we pay for the exterminator and that the infestation be controlled at the expense of management. WE do not believe it is our responsibility. What are your thoughts?
Question: I have a resident who was given permission to build a permanent carport. Most all of the carports in our park are free standing and permanent which is my preference. However, he constructed the permanent carport by boring holes in the ground and filling them with concrete and inserting metal mounts to which he fastened 4x4 uprights for the carport. Building it this way, in my opinion, made it part of the real property. I was there when construction started but was absent when it was completed. What now complicates matters is that he recently decided to sell the manufactured home, including the carport. This would not have been an issue had the buyer not planned on moving the home. I believe that since the carport is now permanently affixed to the ground, it cannot be sold as movable personal property along with the home. He also attached the carport to the manufactured home which may complicate things, as well. What are my rights here?
Question: A few years ago, a married couple originally applied together for residency in our community. They have since divorced and one of them has moved out. They qualified for occupancy based upon their joint income. The party retaining possession would clearly not qualify today. How do we deal with this?
Question: Our late fees have remained the same for several years, and we want to increase them. What are the current rules about doing so?
Question: I have a tenant that I issued a 72 Hour Non-Payment of Rent notice to last month. When I served it she told me that she is a victim of domestic violence and would provide me a copy of the restraining order, she also told me that she would have her attorney contact me. Neither occurred. She paid her rent by the final date on the notice. She hasn't paid rent yet this month. I still have no copies of a restraining order, nor has her husband informed me that he has moved out. She is the only one to tell me about domestic violence. I just served her with another 72 hour notice. She is upset and yelled that I can't evict her because she is still dealing with issues as a victim of domestic violence. She also told me that she now has two attorneys and that she will have them both call me. I informed her to read the notice carefully as rent will need to be paid by the 13th or I would file in court on the 14th. My question is this: Is domestic violence a recognized defense to non-payment of rent?