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Detecting Elder Abuse in Your Park  

By Terry R. Dowdall, Esq.

■UPSHOT:

     –For every reported case of elder abuse, there are more than 24 undetected cases never reported (according to an East Coast study). 

     – Almost all victims are in a private residence behind closed doors. 

     – The number of 65+ people increases by 10,000 daily; 8,000 more retire each day.

     – Greedy predator care-givers in California cannot take from the deceased. The Care-giver is disqualified. Cannot be a beneficiary of the estate, even if named in the will of the deceased resident!

     Elder abusers.Who are they?Most frequently, family members(grown kids: chronically unemployed, unemployable, parolees, deeply indebted, thieves, grifters).  All need money, a bed, an address. These are their prime opportunities for taking over grandpa’s house, then neglecting, abusing, ignoring, abandoning, or stealing— all undetected, behind closed doors, away from any danger signs. Until it is too late.

Unauthorized Pet and Use of Correct Form

Question.What form would someone use for unauthorized pet. Form 43 (continuing violations) says “not to use for pet”. But Form 43A is for distinct violations, i.e. one-time incidents. Is bringing an unauthorized pet into the community considered distinct rather than on-going?
 

Question: Landlord sent a 10-day nonpayment of rent notice to a resident.  The night before filing the FED the landlord called the resident to remind them to pay - hoping to resolve it before filing and paying the filing fee.  Landlord did not hear back from the resident, so he filed the FED and paid the filing fee of $143.00.  Several days later the resident shows up at the park office and offers to pay the rent.  Landlord refused to accept the rent tender since the resident would not also pay the filing fee.  Can the landlord decline the rent tender after filing the FED if the resident refuses to pay the filing fee? What happens in court?

Question: What can the landlord do when water is obviously leaking from one of the resident’s homes? And what if the leak is less obvious, e.g. from under the home?

Question:  I have an issue regarding late payment of rent where I own both the home and the space.  The rent is constantly late. After I file for eviction the tenant either pays before the court hearing or at the hearing.  I am then stuck with the filing fees and service fees.  What are my options?

Holding. In late July 2022, the Oregon Supreme Court issued its ruling in Hickey v. Scott, 370 Or 97 (2022) that addressed the application of ORS 90.394(3).[1] The Court ruled that when issuing a termination notice for nonpayment of rent, the landlord must specify the “correct amount due to cure the default.” Hickey, 370 Or at 101. If the court determines that the tenant owes a lower amount than the amount specified in the notice, the court must dismiss the FED.