Oregon Rental Eviction Protections Update

Bill Bill Miner Miner Non Non- -Payment Payment Seminar Seminar Exclusively for Members of MHCO June 24, 2022

DISCLOSURE The contents of these slides were intended solely for MHCO and its members. This is not intended to be legal advice or to create an attorney-client relationship and should not be relied on as such. All members should consult with their appropriate legal professional as many situations are unique and may require nuance.

Summary of Current Situation in Oregon Summary of Current Situation in Oregon Relating to Nonpayment of Rent Relating to Nonpayment of Rent The eviction protections currently in place with limited exceptions end next Thursday, June 30, 2022*. Beginning July 1, 2022, a landlord is no longer required to send the eviction protection notice along with a nonpayment notice. A landlord, is required to continue sending a 10-day notice (instead of a 72-hour notice). This requirement sunsets at the end of 2022. *A termination for nonpayment of rent still can t be sent until the 8th day of the rental period.

SPECIFIC SITUATIONS SPECIFIC SITUATIONS For notices* sent prior to June 30, 2022, if proof of application has been given to a landlord, then a landlord may not evict until October 1, 2022. For evictions* filed prior to June 30, 2022 (where proof of application was not given prior to filing), and where proof of application has been received at or before first appearance, then a landlord may not evict until October 1, 2022. *In both scenarios, the eviction protection notices, must be included with the termination notices.

SPECIFIC SITUATIONS CONTINUED SPECIFIC SITUATIONS CONTINUED What about a July 1, 2022 10-day notice for June (or earlier) rent where a tenant has provided proof of application? Unclear. In most cases, my advice would be to not do it, wait for the application to be considered. What about a July 8, 2022 10-day notice for May, June and July rent where a tenant has not provided proof of application? An eviction may be filed. What about a July 8, 2022 10-day notice for May, June and July rent where a tenant has provided proof of application? Unclear. The advice may be to send the notice only for July rent.

OTHER THOUGHTS If you do file an eviction on rent after July, 2022, a stipulated agreement should address the past due rent that is subject to an application in a pending eviction. Don t forget about the three-strike rule . Late fees are okay (so long as they are listed in your rental agreement) and they have been okay - so long as its not in the protection period (April 30, 2020 through June 30, 2021). It s going to be messy for the next several months (if not longer) There is a Landlord Guarantee Program check it out. https://www.oregonlgp.org/eligibility

If a tenant has applied for assistance and it has not been approved yet, does the landlord really have to wait until October 1, 2022 to proceed with an eviction for nonpayment? And the tenant is living there without paying rent this whole time? Any difference between tenant owned vs. owner owned units in terms of next steps? What is the process on sending tenants non-payment notices for due balances that are not just rent (i.e. utilities, NSF fees, late fees, etc..). MHCO Form 47 (notice without waiver) vs. Form 43. After June 30, 2022.

How do we learn the status of rent assistance applications? To inquire about an active application, call 844-378-2931 www.oregonrentalassistance.org/landlords Unpaid property taxes & title changes, how to get tenants to get them done? Should a "catch up" agreement be initiated for any tenant that gets behind in their rent? In our case, it is usually because of a high water bill due to an unknown leak.

Do you expect this assistance program & protection to be extended? It seems the days of filing one s own eviction are in the past now in Oregon. So, at what point of the process, is it best to get an attorney on board? My tenant owes over 12 months' rent that includes water & sewer plus late fees. What amount can I put on the notice? Is this a 72 hour notice?

What's the next step when a resident has been late a total of 24 times and 5 of them are just this year? MHCO Form 43D Type of notice issued for partial rent. Type of notice issued for unpaid rent late fee. Partial Rent MHCO Form 12 Late Fee MHCO Form 43 Nonpayment of Rent (after July 8, 2022)

Since the mobile home is owned by the space renter if they don't pay and it goes to an eviction process, what is the next step? How much time do they have to remove their home? I have not been charging a late fee. Can I start now or do I have to send out a letter saying I am starting it back up?

I have not received any rent money from OERAP now after waiting nearly 4 months . How long should I wait before I try evicting to remodel or something else and would I then forfeit any funds from OERAP? My squatter is a young woman who lives in my owner occupied plex and is ruining my life. Can I sue her? Can I evict my squatter to remodel the unit, move a family member in or something else? MHCO Form 41 24 Hour Notice - although would need to be modified, because a duplex is not a manufactured home. I was told by the Landlord Compensation Program that I would have to wait until Oct 1 to apply for back rent from their program if I don't hear anything from OERAP. Is this correct? I've heard nothing from OERAP for 4 months

Can we now evict non-payment of rent for rent unpaid for last year? If a tenant provides proof that they have applied for rent assistance, can we still proceed with an eviction? Tenant couple: wife has moved out, but applied for rental assistance in her name for the space where husband is living. I can t take this rental assistance, right? It s my understanding she is not coming back to park.

How much longer do we have to send the Eviction Protection Notices? Can you still evict someone who is in violation of park rules if the state has paid their rent up through August 2022? I want to understand grace periods and breaking of payment plan agreements, while in the midst of rental assistance period. Can we do anything?

More regarding the eviction process and if you have a ledger to follow to have quick references? www.ippropertymanagement.com If we as landlord have done our part in cooperating with a tenant and the OERAP program, but tenant has "gone dark" and failed to follow through on their park - continuing to forego paying rent for months - what recourse do we have after June 30th since that tenant's application will be incomplete at that time? I have encouraged one tenant who is behind with rent to apply for rental assistance. At this point in time, I just want him out. Shall I serve him a 10-day notice nonpayment of rent notice on July 1st so that he cannot apply for rental assistance by the June 30 deadline (which, to my understanding, would postpone his tenancy until Sept 30)

What is the official date that funding for past due rental assistance due to the moratorium is finished? After that date, do we still have to accept or postpone a 10-day notice filing on rent that is owed due to promise of funding? Since rent assistance money is still available, is charging late fees wrong while assistance is pending? Why and what is the backlog on Rent Relief? 113,470 OERAP Applications; 57,672 have been paid $373,639,570; public.tableau.com

My question is how to handle shut ins who do not pick up their mail when a price increase is sent Can we get clarification on all the updates and changed rules for eviction and non-payment of rent moving forward? The OERAP prohibition on filing against someone who received aid expires when the aid runs out right? In other words, if, after the aid runs out, the resident does not pay rent, can I file for non-payment then?

Tenant was denied rental assistance but was told to reapply in July due to funding issues. Could I proceed with eviction or give it longer for approval? When the amount owed is larger than &3K can we go straight to filing at the courts? Thanks