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Phil Querin Q&A: May a Landlord Unilaterally Decline to Renew a Resident’s Fixed Term Tenancy?

August 28, 2024

Phil Querin

Question: We have a resident in our community that has been nothing but trouble. He is on a two year lease that is coming up for renewal. Can we simply decline to renew his lease?

Answer: In a word – No. Or, to be more precise, as discussed below, if you do not renew the lease,

Phil Querin Q&A - Multiple Question on Water Sub Metering

July 12, 2017

Phil Querin

Querin Law

MHCO Legal Counsel

Answer. Your questions are all good ones, but generally are dealt with in the utility pass-through laws.[1] Here is a summary:

MAKING ( AND KEEPING ) YOUR RULES AND REGULATIONS ENFORCEABLE

By: Phillip C. Querin, MHCO Legal Counsel

Read more about MAKING ( AND KEEPING ) YOUR RULES AND REGULATIONS ENFORCEABLE

Phil Querin Q&A: MHCO's New Form 2A - Where is the Security Agreement Filed?

October 6, 2014

Phil Querin

MHCO Legal Counsel

From one year to the next, the only certainty one can realistically expect is that rents will need to be adjusted just to keep pace with the utility increases that are coming one's way from the var

Phil Querin Article: Tips and Traps

April 6, 2016

Make sure that the rental agreement really applies to your situation. The MHCO rental agreement comes in two flavors: (a) The month-to-month (or periodic") rental agreement

Phil Querin Q&A: Pet Rent

December 14, 2020

Phil Querin

Querin Law

MHCO Legal Counsel

Pet Rent

Question: Is it permissible to charge a tenant rent for their pet?

MHCO Testifies Against HB 4085 - Prevailing Attorney Fees - Bill Not To Move Forward

This morning MHCO testified before the Oregon House Committee on Human Services and Housing against HB 4085. This proposed legislation changes the awarding of prevailing attorney f

Read more about MHCO Testifies Against HB 4085 - Prevailing Attorney Fees - Bill Not To Move Forward

Phil Querin Article: Making (and Keeping) Your Rules and Regulations Enforceable

March 18, 2025

Phil Querin

Querin Law

MHCO Legal Counsel

By: Phillip C. Querin, MHCO Legal Counsel

The difference between a well-run manufactured housing community and one with problems frequently lies with the rules and regulations each facility has adopted. Here are some tips for developing a set of rules and regulations that may be helpful in the successful operation of your community:”

Avoid Ambiguity. When writing a rule, make sure that it is understandable. If a court or jury

Phil Querin Q&A: Resident Over Pays Rent - How to Account for Late Fees

January 10, 2013

Phil Querin

MHCO Legal Counsel

Answer. It is unclear if there ever was an actual agreement between landlord and tenant that the overpayments were to be applied toward late fees.

Bill Miner Q&A: Park Sale and Tenants' Right to Compete to Purchase

February 10, 2022

Bill Miner

Davis Wright Tremaine LLP

Litigator Partner in Charge of the Portland office of Davis Wright Tremaine

Background In 2021, HB 2364 was passed by the Legislature and signed by the Governor modifying the requirements in ORS 90.842 et. al., which requires manufactured home park owners to give their tenants an opportunity to compete to purchase a park prior to selling to a third party. I have brushed off the questions and answers submitted in 2015 as an update to the new law.

Please note that there are some significant changes with the 2021 law, including a substantial penalty to owners who do not follow the law. I would encourage you to review the changes closely and let me know if you have any further questions. For some of the minor changes, I have bolded and italicized the changes. Any owner who has received an offer to purchase their manufactured home park that they intend to consider, or are entertaining executing a listing agreement with a broker to sell their park, should reach out to legal counsel who have familiarity and experience with this law. Any broker who is working with an owner should also seek legal counsel to ensure the process is being followed.