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Deciding Why you Want to Market

Do you want to promote because you have a new development? Or will it be to fill vacancies within an existing community, or to upgrade (and turn around) an older community? Each of these three stages of a community requires a different marketing plan, a different focus, different promotional strategies, and differing amounts of involvement.

Marketing has been the subject of many volumes of material, college courses, high school courses, and numerous articles in literally thousands of magazines. There are many facets of marketing for whatever business you try to promote. It depends on the type of market you are in, the general state of the economy at the time you decide to start a promotion and marketing program, whether you are creating a demand or meeting a need, and several other variables.

Who are your Partners in Marketing?

• Media Sources
• Social Media - Facebook etc
• Motif
• Residents
• Employees
• Retailers
• Curb Appeal
• Vendors
• Personal Development
• Professionalism
• Industry Knowledge
• Civic Involvement

The Mental Picture of Marketing

Every minute of every day in every dealing you have with each person, you are promoting yourself, the company you represent, your community, and the industry as a whole. Picture a diagram that consists of a huge wheel. There is a hub in the very center. It is a small circle. You are this hub. Radiating outward from this hub are eleven spokes that then connect with a huge wheel on the outside. Each of the eleven spokes is one of the areas of promotion we are going to discuss in this handbook. The huge wheel on the outside is your market: the general public, the planning and zoning officials.

In other words, this huge wheel is a never-ending stream of potential customers. This huge wheel also makes up the members of the general public at large. Everyone has an opinion. On this huge wheel, everyone has an opinion about manufactured housing and manufactured home communities. Part of a successful promotion and marketing program is to create more and more favorable opinions of the general public that is part of that huge wheel.

When the one of the eleven spokes joins the wheel, a direct line of vision, understanding and agreement is created between the hub (you) and the wheel (your market). Both ends of the spoke (you in the hub and the general public on the wheel) then see things the same way. The conduit that enables this "coming together" of opinion is the spoke that links you in your hub with your potential customer on the huge wheel. When this happens, you have successfully created a promotion (being noticed) that may result in effective marketing (a sale or lease). The other positive side effect is usually the creation of a more favorable image of the manufactured housing industry as a whole.

When the public that is represented by the wheel is comprised of elected officials, your promotional efforts may result in positive zoning decisions or approval of expansion plans for a new community. When that public represents your customer, you will have created a sale of a home or a lease of a homesite. We need all kinds of people from this public arena on our side.

This illustration gives you a visual image of the way a successful promotion can take you where you have never been before - or leave you spinning around in circles. You are in the center ring. Take charge of your promotional efforts. Create new markets. Realize new growth opportunities. Change the image of manufactured housing. It all starts with you!

A successful promotion and marketing program will affect your staff, your community, your residents, their friends, their co-workers and families, the surrounding business community, and the industry as a whole in a positive way. It will help change the perception of manufactured housing in the eyes of the uneducated public, the elected officials, and increase the number of homeowners. Your successful promotion and marketing program will generate a continued bottom-line growth for your community and your company while providing housing that is perceived as a true value by your customers.

And, by the same token, an unsuccessful promotion and marketing program - or the total lack of one - can keep your community frozen in time. It can perpetuate a negative image of the industry. It will hamper your efforts in expansion, fill or upgrade. It will prevent you from reaching the highest level of personal and professional excellence that is obtainable. To be more blunt, the lack of a promotion and marketing program that does good means you, your community, and the industry will suffer. It means that more people will neither believe nor share the positive messages the industry has to offer.

Key Concepts to a Successful Marketing Program

• A successful promotion is a successful perception of value
• Every day is Open House
• Curb appeal is your job
• Use white classifieds
• Use reverse classifieds
• Create a comparison grid for your community
• Look at your community honestly - through the eyes of a video
• Enforce your Guidelines for better curb appeal
• Remember that word-of-mouth is your best advertising
• Utilize business cards in new and creative ways
• Everyone forms an opinion and every opinion matters
• We are no better than others perceive us to be
• Help retailers understand the values of your community
• Allow them to use the amenities
• Invite them to activities
• Offer a special tour for new salespeople
• Allow them to install model homes
• Hang a lifestyle picture in their sales office
• Visit on a regular basis
• Use custom labels for bags of donuts or candy
• Color code a map with vacant sites and sizes of homes
• Send gift certificates to a salesman's spouse
• Call to thank them for sending prospects
• Consider using resident referrals
• Free rent
• Certificates for dinner
• Mention in the newsletter
• Create a win-win promotion
• Give a shed, plants, gift certificate from nursery, deck, patio furniture, lawn mower, lawn care for six months, snow removal for a season, sod for the lawn, reduced water bill for watering
• Take brochures to area businesses
• Join the chamber of commerce and volunteer on committees

Answer. There are several that come into play:

• A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is:

(a)Enlisting for active service in the Armed Forces[1] of the United States;

(b)Serving as a member of a National Guard or other reserve component or an active service component of the Armed Forces of the United States and ordered to active service outside the area for a period that will exceed 90 days;

(c)Terminating active service in the Armed Forces of the United States;

(d)A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and: (A) Ordered to active service outside the area for a period that will exceed 90 days; or (B) Terminating the duty and moving outside the area within the period that the member is entitled by federal law to the storage or shipment of household goods; or

(e)A member of the commissioned corps of the National Oceanic and Atmospheric Administration ordered to active service outside the area for a period that will exceed 90 days.

• Termination of a rental agreement is effective on the earlier of:

1. A date determined under the provisions of any applicable federal law; or (b) The later of: (A) 30 days after delivery of the notice; (B) 30 days before the earliest reporting date on orders for active service; (C) A date specified in the notice; or (D) 90 days before the effective date of the orders if terminating duty described under subsection (1)(d)(B) of this section or terminating any active service described in this section.

• A tenant who terminates a lease on account of the reasons listed above is not: (a) Subject to a penalty, fee, charge or loss of deposit because of the termination; or (b) Liable for any rent beyond the effective date of the termination.

[1] "Armed Forces of the United States" means the Air Force, Army, Coast Guard, Marine Corps or Navy of the United States.

Answer. I'm confused. May I assume the grandmother or her sister are at least 55 years old? If so, they qualify both as to the requirement that there be at least one occupant 55+, and as to the second person requirement. That should be the end of the age issue.

As for the babysitting, this is not a for-profit enterprise, so presumably does not violate any rules you might have for such situations. So all it is is family visiting, which is permissible under the rules. So long as the children are not staying overnight, I do not understand there to be a 30-day limit on this. If they do stay overnight, it appears there is a 30-day cap. But you don't say whether the 30-days is consecutive or cumulative. Unless there is some reason to believe the grandmother is lying about the children staying overnight (and even then, there is the 30-day rule) I don't see anything that suggests a violation. I know of nothing under the 55+ housing law that places restrictions on family visitors under age 55. In fact, as you may know, 55+ parks are permitted to have up to 20% of their spaces rented to families (which is not something should consider for a variety of reasons). However, the point is that the presence of children in a 55+ park does not, per se' cause the park to lose its 55+ designation.

I believe this situation demands a practical approach. Is the babysitting situation causing a problem, e.g. noise, disruption, children in street, lack of supervision, etc? Are other residents complaining? If none of these consequences are occurring, I don't see a concern, or a need to start counting days, etc. If the situation is not being abused, I'd leave it alone. You may want to privately discuss this with the grandmother, just to make sure she understands that it is important that she monitor her grandchildrens' activity at all times, just to make sure other (less child-friendly) residents don't complain.

The take-away here is that while rules are important, so long as they are not being abused, the need to be concerned primarily arises when there are complaints from other residents. If no one is complaining and the rules are not being blatantly abused, it does not seem necessary to become concerned.

Answer. This is not an issue under ORS 90.632, which relates to damage and deterioration of the home. In fact, this statute indirectly validates the right of the structures to be on the space, which you are contesting, since portions were built without permission, in violation of local ordinances, and contrary to the terms of the rental agreement. Moreover, ORS 90.632 does not allow the landlord to require removal - just repair.

This is a violation for which you would normally use a 30-day curable notice of termination. ORS 90.630(1)(a) (Termination by landlord; causes; notice; cure; repeated nonpayment of rent), which provides for the issuance of a 30-day termination notice if the resident:

• Violates a law or ordinance related to the tenant's conduct as a tenant;
• Violates a rule or rental agreement provision related to the tenant's conduct as a tenant and imposed as a condition of occupancy.

Subsection (4) provides that:

The tenant may avoid termination of the tenancy by correcting the violation within the 30-day period specified in subsection (1) of this section. However, if substantially the same act or omission that constituted a prior violation of which notice was given recurs within six months after the date of the notice, the landlord may terminate the tenancy upon at least 20 days written notice specifying the violation and the date of termination of the tenancy.

However, in this particular case, the issue is whether you (and your predecessor) waived the right to terminate the tenancy because you accepted rent after you had knowledge of the violation. In summary, a landlord waives the right to terminate a rental agreement for a particular violation of the rental agreement or of law if the landlord:

• During three or more separate rental periods, accepts rent with knowledge of the violation by the tenant; or
• Accepts performance by a tenant that varies from the terms of the rental agreement.[1]
• A landlord does not waive the right to terminate a rental agreement for a violation under any of the following circumstances:
  • The landlord and tenant agree otherwise after the violation has occurred.
  • The violation concerns the tenant's conduct and, following the violation but prior to acceptance of rent for three rental periods or performance, the landlord gives a written warning notice to the tenant regarding the violation that:
    • Describes specifically the conduct that constitutes the violation, either as a separate and distinct violation, a series or group of violations or a continuous or ongoing violation;
    • States that the tenant is required to discontinue the conduct or correct the violation; and
    • States that a reoccurrence of the conduct that constitutes a violation may result in a termination of the tenancy pursuant to ORS 90.392 (termination of non-MHP tenancies), 90.398 (termination for drug/alcohol violations), 90.405 (unpermitted pets), 90.630 (termination of MHP tenancy by landlord).
  • The tenancy consists of rented space for a manufactured dwelling or floating home, and the violation concerns:
    • Disrepair or deterioration of the manufactured dwelling or floating home;
    • A failure to maintain the rented space;
    • The termination is under ORS 90.396 [24-hour notices].

I do not believe any of the above exclusions apply to your situation, and on its face, there is an argument that by accepting the rent you permitted the structures to be there. See, ORS 90.412 and ORS 90.414.

However, permitting the structures, and permitting their violation of the building codes, etc., are two different things. You don't have the power to permit the law violations. I view the violations of the building codes as something that is a "continuing violation", and something you can likely still treat as a violation. For a continuous or ongoing violation, the landlord's written warning notice remains effective for 12 months and may be renewed with a new warning notice before the end of the 12 months.

You should issue a warning notice, identifying the various code violation, (e.g. work done without permits and work done not to code). Then give the tenant a fixed period to go obtain the necessary permits and provide proof that the work was done to code. The "proof" would be through the building department who would inspect and pass.

Note: you have to be careful that whoever the resident uses (they should be CCB licensed and bonded) knows that you are not responsible for payment of any construction liens for unpaid work.

If you cannot get compliance with the warning notice, then give him a 30-day curable notice under ORS 90.630, identifying the violations relating to the failure to get the work permitted and not complying with the building code. Give him a fixed period to complete, e.g. 30 - 45 days, during which time you should not accept any rent. If he does not comply, then you could file your eviction.

Alternatively, if you can do so, you may consider speaking with the resident about voluntarily removing the structures. However, if push came to shove, they were approved long ago, so I think it would be a difficult argument to now use the existence of the structures as the basis of a 30-day notice of termination under ORS 90.630. If you can reach agreement, fine. If not, the continuing violation of the code violations are your best bet under ORS 90.630. Be sure to confer with your own legal counsel before proceeding, however.

[1] However, a landlord has not "accepted rent" if within 10 days after receipt, the landlord refunds the rent, or the rent payment is made in the form of a check that is dishonored.

Answer: It is now statewide law that rents cannot be raised at all during the first year of a month-to-month tenancy. After the first year of the tenancy, you are required to give written notice to the tenant at least 90 days prior to the effective date of the rent increase.

The written rent increase notice to tenants must state (1) the amount of the rent increase; (2) the amount of the new rent; and, (3) the date on which the increase becomes effective. If the notice is mailed to the tenants, you must add at least three additional days to the notice period (not counting the date mailed) to allow for mailing. The notice can also be hand-delivered to the tenants, but this means putting it directly in the tenant's hand - posting the notice is legally ineffective.

If you happen to have any fixed-term tenancies, be aware that rent can only be raised for those tenants in accordance with whatever the rental agreement says concerning rent increases. Week-to-week tenants can have their rent raised with at least seven days' written notice prior to the effective date of the increase. The same rules apply regarding the information that must be in the notice (amount, new rent, effective date), and regarding additional mailing time for the notice.

There is currently no limit on the amount of a rent increase, although there are rent control measures under consideration in the Oregon legislature. With that in mind, beware that any rent increase that you issue before the legislature adjourns might be subject to new laws. Check in on the MHCO website to keep apprised of any legislative changes.

Special rules also apply within the Portland city limits. By ordinance, a rent increase of 10% or more within a 12-month period triggers the tenant's right to terminate the tenancy on 14 days' written notice and potentially receive a "relocation assistance" payment from the landlord. These payments are based on the size of the rental unit and start at $2,900. However, it is questionable whether the ordinance as written applies to RV tenancies. If you intend to issue a rent increase of 10% or more within the City of Portland, you should first consult with a knowledgeable attorney to assess the risk of being subject to relocation payments.

Answer: Your question raises several issues worthy of discussion. First, the fact that the son is in the park and you didn'tknow he was a convicted sex offender, tells me that the park should beef up its rules to require all persons 18 years and over undergo a criminal background check.

If the son is on parole, you may want to try to contact his parole officer. I fully suspect that there may be conditions of his parole that may apply to keep him out of the park.

At the risk of sounding harsh, it is a fact that "sexual predators" are not a protected class under the state and federal constitutions. In short, you can have rules forbidding them to be in the park due to the proximity of children.

If you don't have such rules, you may want to enact some. But even though you don't, I believe you did the right thing to require that he not occupy the home. You can and should do the same thing with regards to forbidding him to come into the park at all. If his family wants to see him, they can go to where he currently lives. The person(s) who has/have hired him to do odd jobs should be told that he cannot come into the park for ANY reason.

If you wonder whether this can be done without some specific rules, my response is that I would prefer rules to be in place. But even though you presumably have nothing on point, it would not stop me from banning him from the park. If he legally objects and wins, then it was a court that said he could come in - not you. Your main duty is to the park residents and their children. Better to try to remove him and fail than not to try at all.

Lastly, for your information, ORS 90.630(1)(c), permits a landlord to terminate a tenant if it is determined that they are "a predatory sex offender under ORS 181.585 to 181.587." From your question, I could not tell whether the adult son was on the rental agreement, but if so, he is a "tenant." The statute is not clear whether it can be applied to only a single tenant, without terminating the tenancy of the remaining occupants. Of course, the statute doesn'taddress the larger issue of whether you may prohibit him from coming into the park, but I believe you are fully within your rights, as discussed above. However, you should first clear any such action with the park ownership, and they should secure legal advice on how to proceed

Answer. This is a tough one, because there is really nothing in Oregon's landlord-tenant law addressing the situation, and if you don't have anything in your rules (and presumably rental/lease agreement) there is very little leverage you have to force the resident to remove the trampoline. It's on their space legally, and they are not in violation of any laws, rules, or the rental agreement. Some communities do have rules prohibiting trampolines because of their inherently dangerous nature.

This may be cautionary tale for including such a provision in your rules saying something about having recreational or playground equipment that can be inherently dangerous. Here is a sample provision:

Resident shall not construct or place devices, equipment, including playground or recreational equipment or structures on Resident's space that could cause or result in an increase in Landlord's liability insurance or a termination of Landlord's insurance coverage.

Example of such items include but are not limited to above-ground pools, trampolines; climbing structures or facilities higher than ____ feet from the ground, lawn darts, etc. In the event that Resident intends to construct, place, or use any such items on Resident's space, regardless of whether they are visible from the street, Resident shall first contact Landlord, and provide a description of the item. Before issuing approval:

(a) Landlord shall first secure confirmation from its insurance carrier that the item will not cause any increase in Landlord's insurance premiums;

(b) Resident shall sign a written release of liability to Landlord, and agree to indemnify and defend Landlord should any claims arise as a result of an injury to persons caused by the item; and

(c) Resident shall provide Landlord with proof of a current policy of liability insurance for not less than $______________________, naming Landlord as a co-insured (or otherwise agreeing to defend Landlord in the event of claims under such policy).

In the event of any claims, losses, liabilities, or threats thereof, or should Landlord's insurance carrier thereafter determine that use of the item could cause an increase in Landlord's insurance premiums, or a loss of Landlord's insurance coverage, Resident shall, within three days written notice from Landlord, remove said item from the Community.

Answer to Question No. 1. Generally, an "Act of God" is considered to be a natural disaster that is outside of human control. That would include earthquakes, windstorms, floods, tsunamis, etc. If you are asking about insurance exclusions for Acts of God, you'll have to read you policy. Generally, however, as a landlord, you should make sure you have broad general casualty insurance coverage (as opposed to liability insurance coverage), since the former would cover casualty losses (fire, wind, flood, etc.), regardless of causation or negligence, whereas the latter would provide coverage for you only if you caused the damage. Broad insurance coverage against casualty losses, e.g. from Acts of God, is what community owners should have. Whether residents have such coverage is less certain, since the rental/lease agreements I've seen either do not require any form of insurance, or occasionally only liability insurance. And unless their lender requires it, it is unlikely that many owners of older homes have any insurance against loss or damage.

Answer to Question No. 2. As to uprooted trees, let's go to the legal definitions. A "hazard tree" under ORS 90.100(20) must include the following elements:

• It is located on a rented space in a manufactured dwelling park;
• It measures at least eight inches DBH[2]; and
• It is considered, by an arborist licensed as a landscape construction professional pursuant to ORS 671.560 and certified by the International Society of Arboriculture, to pose an unreasonable risk of causing serious physical harm or damage to individuals or property in the near future. (Emphasis mine.)

I draw certain corollaries from this definition - some may disagree:

• A tree is a large living plant that grows out of the ground; if it is blown down, it is no longer a "tree" in the conventional sense. I have no recollection of discussing downed trees as "trees" that would somehow be subject to the hazard tree legislation. I would defer to John VanLandingham's recollection on this, however. This answer would seem to dispose of the above question, but I will continue, just to address the other unasked questions that will inevitably arise.
• If a tree does not measure at least eight inches, DBH, it is not a "hazard tree". This is not to say that the tree is necessarily "safe" or that it may be ignored by landlord or resident. In the final analysis, landlord and managers should monitor the condition of all trees, both in the common areas, and on the tenants' spaces. Just because a tree is not a hazard tree does not mean they can be ignored. Similarly, just because the tree is a resident's responsibility does not mean it should be ignored by management. If it is the resident's responsibility, management should encourage compliance - since a falling tree limb or the entire tree, may cause damage or injury to other spaces and other residents.
• If a licensed arborist has either said the subject tree does not pose a risk of harm, or the arborist has never opined at all, it is not a "hazard tree". Again, this does not mean the tree may, or should be, ignored.
• Lastly, remember that all of the above three elements (on the resident's space; eight inches DBH, and considered dangerous by a licensed arborist) must occur together before a tree can be considered a "hazard tree".

Once it meets the statutory definition, then the legal obligations found in ORS 90. 725, 90.727, 90.730, and 90.740 apply.

Answer to Questions Nos. 3 & 4. I believe the answer to who responsibility for maintenance, removal and disposal are addressed in ORS 90.727 (Maintenance of trees in rented spaces). Although the statutes do not referral to "disposal" they do refer to removal. I read these words as interchangeable in this context. For example, removal of garbage and debris from one's yard, reasonably includes disposal. The statute provides:

(1) As used in this section:

(a) "Maintaining a tree" means removing or trimming a tree for the purpose of eliminating features of the tree that cause the tree to be hazardous, or that may cause the tree to become hazardous in the near future.

(b) "Removing a tree" includes:

(A) Felling and removing the tree; and

(B) Grinding or removing the stump of the tree.[3]

I suppose the next question is whether "removing a tree" can refer to downed trees. I think not, since the follow text quoted above, refers to "felling" it.

Conclusion. As noted above, landlords, more likely than residents, have insurance that deals with Acts of God. These types of natural events do not distinguish between whose property is affected, e.g. common areas vs. resident spaces. In some instances, strict enforcement of the hazard tree statute could impose a catastrophic expense to a resident that might be covered under the landlord's insurance. In such cases, consideration should be given to providing assistance/coverage rather than forcing a tenant into bankruptcy or financial distress.

[1] I regard a tree never "planted by the tenant or landlord" as owned by the landlord, since they own the ground. When the landlord bought the property, they assumed the obligation to maintain the trees that came with it (assuming the resident didn'tplant them, and assuming the statutes don't provide otherwise).

[2] "DBH" means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side.

[3] The balance of the statute is relevant to who has the responsibility, and is addressed here. It provides: (2) The landlord or tenant that is responsible for maintaining a tree must engage a landscape construction professional with a valid license issued pursuant to ORS 671.560 to maintain any tree with a DBH of eight inches or more. (3) A landlord: (a) Shall maintain a tree that is a hazard tree, that was not planted by the current tenant, on a rented space in a manufactured dwelling park if the landlord knows or should know that the tree is a hazard tree. (b) May maintain a tree on the rented space to prevent the tree from becoming a hazard tree, after providing the tenant with reasonable written notice and a reasonable opportunity to maintain the tree. (c) Has discretion to decide whether the appropriate maintenance is removal or trimming of the hazard tree. (d) Is not responsible for maintaining a tree that is not a hazard tree or for maintaining any tree for aesthetic purposes. (4) A landlord shall comply with ORS 90.725 before entering a tenant's space to inspect or maintain a tree. (5) Except as provided in subsection (3) of this section, a tenant is responsible for maintaining the trees on the tenant's space in a manufactured dwelling park at the tenant's expense. The tenant may retain an arborist licensed as a landscape construction professional pursuant to ORS 671.560 and certified by the International Society of Arboriculture to inspect a tree on the tenant's rented space at the tenant's expense and if the arborist determines that the tree is a hazard, the tenant may: (a) Require the landlord to maintain a tree that is the landlord's responsibility under subsection (3) of this section; or (b) Maintain the tree at the tenant's expense, after providing the landlord with reasonable written notice of the proposed maintenance and a copy of the arborist's report. (6) If a manufactured dwelling cannot be removed from a space without first removing or trimming a tree on the space, the owner of the manufactured dwelling may remove or trim the tree at the dwelling owner's expense, after giving reasonable written notice to the landlord, for the purpose of removing the manufactured dwelling.

1. "Pick Your Shot" Never pick a fight you don't think you can win. And if you decide to fight, make sure you get in your best shot. By this I mean the following: (a) Just because a tenant has violated one of the park rules, don't think the first thing you must do is file a 30-day notice to terminate. If you file the notice, you've got to stick with it. If the tenant fails to make the correction within the 30-day period, you may have no choice but to file for eviction. Most lawyers want to go to court in an eviction proceeding with a file showing that the landlord or manager has "walked the extra mile" in trying to work with the tenant. Judges and juries can be naturally sympathetic to tenants. It bodes better for landlords when the evidence suggests that the tenant was either ignoring the landlord, or intentionally trying to aggravate the situation by breaking the rules. Landlords and managers should strive to have at least two - if not more - polite reminder notices sent to the tenant. The reminder does not have to give the tenant 30 days to come into compliance. If a week is reasonable, give a week. If compliance doesn'toccur within that time, send a second reminder, giving another week. If compliance occurs, but the violation reoccurs, give another reminder. The more paper in the file, the better the landlord's chances of prevailing in court. (b) Once you decide to file for eviction, make it your best shot. For example, if the tenant has broken three of the rules, only select the most serious ones. And if the violation is something that can be verified by photographs, take some. Make sure that the photos accurately depict the conditions constituting the violation as of the date immediately preceding the date of the 30-day notice. When the 30 days has expired, immediately take another set of pictures that prove the violation was not cured. Never take the pictures on the 29th or 30th days. Take them on first day after expiration of the 30 days. Also, if the matter does go to court and the violation still exists, take pictures immediately before trial. (c) If the case is capable of being resolved prior to filing, or even prior to court, give it serious consideration. For example, say the tenant cured the violation on the 35th day after receiving a 30-day notice - and has pictures to prove it. It is doubtful that a judge will evict them, even if they were technically outside of the 30-day compliance period. Consider dismissing the case if the tenant will pay the filing fees.

2. Draft All Default Notices Carefully In the vernacular of lawyers, the notice is "jurisdictional" - that is, it is the basis upon which the court will or will not exercise jurisdiction by hearing the case. If a 30-day notice is defective, say because it gave the tenant 29 days to comply instead of 30, the court cannot hear the merits of the case. You could have the best case in the world, and would have won in court without question - but it will make no difference if the notice is defective. The court has no alternative but to dismiss the complaint. If the tenant was represented by an attorney who filed an answer or other legal document on behalf of the tenant, it is probable that you will have to pay his/her attorney fees. Accordingly, if in doubt, have your attorney review the notice before it goes out... especially if the tenant is one that will likely refuse to comply and force you into court.

3. don't be Afraid to Dismiss If the notice is obviously defective, there is a high likelihood that the other attorney will recognize it. If so, consider dismissing the case as soon as possible. It will serve no purpose - except to pad the other attorney's pocket book - by continuing the fight in court. Sometimes it is better to simply start over. Dismiss the case, send out a corrected notice, and if the tenant fails to comply, file another eviction. Although Oregon law does not require that landlords use an attorney to file evictions, it is always a good idea in those cases in which you know the tenant is already represented, or will seek legal representation before trial. In such cases, landlords should consider having their attorney at least review the background facts and notice before the eviction is filed.

4. Maintenance Violations These are one of the most prevalent and difficult of tenant violations. There are several reasons. Frequently, the violation, say continually storing "junk" on the space in plain view from the street, is really a matter of degree. For example, while a barbecue and picnic chairs, neatly covered, may not be a problem, if they are old wooden chairs, a dilapidated table, a broken down barbecue, and an old air conditioner, all covered with a torn canvass tarp held in place by firewood, it will pose a problem. Unfortunately, it is frequently such cases that gets into court - the tenant arguing that the problem is not as bad as the landlord maintains. Also, landlords must be careful about consistent treatment. It makes little sense to go to court against one tenant with a poorly maintained space, if there are a dozen others whose spaces are just as bad. In such cases, where the landlord (or perhaps the predecessor landlord) has been lax in enforcing maintenance violations, it is wise to first send out a park-wide notice to all tenants that the maintenance rules will be enforced. The notice should request that all tenants clean up their spaces, if necessary. Give everyone 30, 45, or 60 days to comply, during which time the manager should work with the worst offenders. Managers should take careful notes, documenting their efforts to secure compliance.

5. Select & Keep Good Managers Not only is this good for the landlord, but it is good for tenant relations, as well. There are exceptions. Some tenants will attempt to demonize even the best managers. Unfortunately, the reverse can be equally true. But generally, good managers will get along with their tenants. This will go a long way in keeping peace in the park. But being a good manager is not simply being liked by the tenants. Good managers will enforce the rules in an even-handed and fair manner. They will be cordial with tenants and always attempt to communicate a rules violation first with a visit or phone call. Such efforts should always be documented for the file. Evictions can be won or lost depending upon whether the managers are likeable. My experience has been that when a dispute gets into court, the tenant, along with his/her witnesses, will attempt to place blame on the conduct of the manager. For this reason, the history of any case that finds its way to court should be replete with documentation that the manager attempted to work with the tenant. The judge and/or jury should be convinced that the eviction was a last resort, and that the manager did everything humanly possible to secure the tenant's compliance before the case was ever filed.

Answer. This sounds like a cross between Fatal Attraction and Pacific Heights! It appears your friend never saw either film, or if he did, he failed to get the message.

Here is a short - and not comprehensive - summary of the temporary occupancy agreement law, which is found in ORS 90.275:

• The temporary occupancy agreement may be terminated by:
  • The tenant without cause at any time; and
  • The landlord - but only for a cause that is a material violation of the temporary occupancy agreement.
• The temporary occupant does not have a right to cure a for-cause violation issued from the landlord.
• Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record.
  • However, the landlord may not screen the proposed temporary occupant for credit history or income level, since they are not a "tenant" and their financial capacity to pay rent is immaterial.
• A temporary occupancy agreement:
  • May provide that the temporary occupant is required to comply with any applicable rules for the premises; and
  • May have a specific ending date.
• A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement.
• A temporary occupant is treated as a squatter if they continue to occupy the dwelling in violation of the agreement.

In this case, the landlord does not appear to have a basis for termination, since you did not mention any "cause", such as a violation of the community rules, etc. However, since the tenant can terminate at any time, it appears that going forward, the occupant's right to remain has been terminated, and her continued presence makes her a squatter. ORS 90.100(43) defines a "squatter" as '_a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit." A squatter is not a holdover tenant.

Pursuant to ORS 90.110(5) the Oregon Residential Landlord Tenant Act ("ORLTA") does not apply to squatters. Accordingly, it would appear[1] that the tenant will have to file his own eviction. No notice is necessary. The complaint would be under ORS 105.126, for occupancies in which ORLTA does not apply.

As for the deputy, while his answer was technically wrong, since she had no legal right to occupy the premise after the temporary agreement was terminated, I would submit that he was interpreting the situation as he saw it at the time, not knowing the technicalities of ORLTA. And I would agree, to avoid a breach of the peace, an eviction is the safer way to go, where the squatter refuses to voluntarily leave.

And tell your friend to download Fatal Attraction and Pacific Heights. Together they provide a cautionary tale for the future.

[1] I am hedging here, because that statute applies where the person entered lawfully. In this case, however, I would argue that once the tenant revoked permission and she refused to leave, she was entering possession unlawfully.