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Disrepair, Deterioration & MHCO Form 55

Phil Querin

 

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.

 

Tip: Although Form 55 is only for use when there is disrepair or deterioration to the exterior of the home itself, the defi

Phil Querin Article: Follow-Up Questions and Answers Oregon New Rent Control Law

Phil Querin

Four additional questions and answers regarding Oregon's new rent control law.

1. Question:  I am using MHCO leases that I will renew in three years.  The leases provides for a rent increase each year of the lease of 4.5%.  Going forward, can I now increase rent 6% each year that is left of the lease or do I have to stick with the 4.5%?  

2. Question: We have storage agreements that we are planning to raise the storage fees.  Are we limited to 6% increase on storage fees?

3. Question: If I send an increase notice next month that is effective January 1, 2026, can we increase the rent 10% since the notice was sent prior to September 1, 2025?  As long as the notice is sent out by September 1, 2025 is there a limit to how far out that the rent increase is effective?

4.   Question: .  It appears that the new laws apply to RV parks, as the RV Space Rental Agreement includes the rent control parameters.  Correct?

 

 

1. Question:  I am using MHCO leases that I will renew in three years.