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90-Day Rent Increase Notices Sent Before 2023 Legislation Becomes Law

Question:  All indications are that the 2023 legislature is going to revisit the rent increase formula currently in effect, and once passed it would likely become law immediately upon the Governor’s signature. How can landlords deal with having already issued a September 2022 90-day rent increase notice if the 2023 rent cap is legislatively reduced before the landlord’s previously-issued September 2022 increase goes into effect?

Illegal immigration is a touchy and politically charged subject. It’s also an issue that many landlords in America need to address on a daily basis. There are approximately 11.5 million undocumented aliens living in this country, according to U.S. Census Bureau estimates. Because the vast majority of these people don’t own a home, they must look to the rental market for their housing. So, landlords need to be aware of the legal implications of leasing to them.

The Pros & Cons of Leasing to Undocumented Aliens

Because they constitute a major part of the rental market in some parts of the country, categorically refusing to rent to undocumented aliens or even asking about immigration status may impair your rental business. It may also expose you to risk of liability under fair housing laws. This is especially true if the aversion is based on stereotypes about immigrants. Landlords may shy away from leasing to undocumented aliens based on stereotypes about their being unlikely to work hard and pay rent diligently.  

On the other hand, in some states and municipalities, you can get into trouble if you do knowingly lease to undocumented aliens. You may also encounter difficulties if you do seek to hold such tenants legally accountable when rental or other disputes arise. “An undocumented alien has a much greater chance of being judgment-proof,” a Maryland attorney explains. “The landlord’s toolbox for collecting a judgment is neutered since there’s no bank account or legal job generating paychecks to garnish.” And if the state or municipality makes it illegal to rent to undocumented aliens, the landlord will want to avoid going to court in an eviction situation.  

While there are no easy or absolute answers, the legal principles that landlords must understand to navigate this dilemma. Specifically,  the fair housing implications of leasing—and not leasing—to undocumented aliens and non-U.S. citizens. 

By way of refresher, ORS 90.630 pertains to curable maintenance/appearance violations relating to residents’ spaces.  However, if the violation relates to the physical condition of the home’s exterior, ORS 90.632 applies, to address repair and/or remediation that can take more time to cure, either due to the weather, the amount or complexity of the work, or availability of qualified workers.

As a result, SB 277A, which became law on June 14, 2017 (“Effective Date”), will apply: (a) To rental agreements for fixed term tenancies – i.e. leases – entered into or renewed on or after the Effective Date; and, (b) To rental agreements for periodic tenancies – i.e. month-to-month tenancies – in effect on or after the Effective Date.

MHCO has significantly changed its current form No. 55 to address the changes in the new law. The major issue going forward is for managers and landlords to be able to recognize when to use Form No. 55 to address disrepair and deterioration conditions, versus Form No. 43C, which is appropriate for violations relating to maintenance and appearance of the space.

Question  A:  We have a Tenant who has refused to fix the water leaks within their mobile home. The park owner pays for the water and there have been significant cost increases due to the leaks. 

The Lease is the MHCO Lease from 2003 and states under Tenant Agreements F. Maintain the Home in accordance with conditions set forth in Paragraph 12.A(8)(a) through (e) which states in (d) all electrical, water, storm water drainage and sewage disposal systems in, on, or about the Home, are in operable and safe condition, and that the connections to those systems have been maintained.

What recourse do we have in this situation?

Question B:  We have a tenant whose sewage line is routinely blocked.  We have had a plumber our numerous times and unclogged resident’s sewage line.  We have repeatedly told this resident that they cannot put certain items in the toilet - and yet they continue to do so and block the sewage line.  Does this constitute grounds for eviction?  At what point is the resident responsible for the sewage line and the items they are putting in the toilet?Question B:  We have a tenant whose sewage line is routinely blocked.  We have had a plumber our numerous times and unclogged resident’s sewage line.  We have repeatedly told this resident that they cannot put certain items in the toilet - and yet they continue to do so and block the sewage line.  Does this constitute grounds for eviction?  At what point is the resident responsible for the sewage line and the items they are putting in the toilet?

Question:  .  What is the landlord’s responsibility when it comes to trees falling on a tenant’s house. Does it make a difference if it is a hazard tree vs. not a hazard tree? What about roots crossing over a space and causing damage to the home on the tenant’s space or the neighbor’s space?

Question:  All indications are that the 2023 legislature is going to revisit the rent increase formula currently in effect, and once passed it would likely become law immediately upon the Governor’s signature. How can landlords deal with having already issued a September 2022 90-day rent increase notice if the 2023 rent cap is legislatively reduced before the landlord’s previously-issued September 2022 increase goes into effect?

Question:  What happens to the home of a tenant living alone? What protections are in place?