Phil Querin

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%.

1. Question: When will the Bill go into effect, and what does that mean for 90-day rent increase notices issued in manufactured housing communities before the effective date?

Answer:  Yes. This is known as the “statute of limitations,” and it applies to virtually all claims. The reason is because there needs to be a cut-off date for claims.

Answer:  This question relates, in part, to the Q&A that immediately preceded this one regarding the tenant who refused to maintain their Space. Please review it.

Answer:  Absent an agreement that the Landlord has assumed this responsibility, ORS 90.740(4) provides that maintenance of the Space is the Tenant’s responsibility.

1. Avoid Ambiguity.  When writing a rule, make sure that it is understandable.  If a court or jury were called upon to enforce it, would they be able to understand it?  Is it fair?  Is the rule capable of different interpretations?  Is it too vague so as to give little or

Answer: Storage agreements are not specifically defined under ORS 90.100 in the Landlord-Tenant Act. They are addressed in ORS 90.425 and 90.675, the abandonment statutes that pertain to the storage of a tenants personal or real property (respectively).

Answer:  The short answer is Yes.

Answer: This is a timely and important question. In March 2023 HB 2001 was enacted, which reinstated some of the earlier Pandemic tenant protections including restoring the 10-day and 13- day period in nonpayment of rent notices.

Answer:  In a word – No.  Or, to be more precise, as discussed below, if you do not renew the lease, it will automatically become a month-to-month tenancy on the same terms as the lease.  In other words, your non-renewal will not result in forcing the tenant to vacate the space.