Rental Housing
Association of Greater Portland (RHAGP)
09/11/2006
Frequently Asked
Questions
Becoming a Member
How do I join and what is the cost?
The RHAGP is a
non-profit association of residential rental owners, managers and related
businesses. Simply submit an application with a check or money order for the
year's dues and send to RHA at 10520 NE Weidler, Portland, OR 97220.
There are three types of members:
The first is for individuals and firms who manage and/or own rental
housing. The benefits include discounts on management forms and seminars;
subscription to the UPDATE, a monthly newsletter/magazine; current legislative
and other information; and resident credit reports through a national credit
bureau.
Yearly Dues: $110 plus $1.50 per rental unit. Not to exceed $250.
Affiliate Membership is for individuals and companies who have products
or services to sell to RHA members and who wish to support the rental housing
industry by joining RHA. Benefits include newsletter advertising opportunities,
Trade Show booths, one free classified listing in the RHA UPDATE newsletter,
the opportunity to sponsor monthly dinner meetings and many other opportunities
for special recognition at RHA events.
Yearly dues: $215
Dual Membership combines the benefits of both of the above. It is for
those who own and or manage rental housing and who wish to offer goods or
services to RHA members.
Yearly Dues: $250 plus $1.50 per rental unit.
A $50 initiation fee on the first year applies to all three types of
memberships.
Termination Notices
Can I use a No Cause Termination Notice (#5) to on a lease holder?
No you may not. If you need to terminate a fixed lease agreement you must use
the form #38, Notice of Termination with Cause.
This notice is remediable. It gives the tenant 14 days to "fix" the
breach or move out in a total of 30 days.
This form must also be used if the tenant is on month-to-month subsidy (Section
8) where cause is required.
My tenant is
physically violent toward myself and other tenants and has caused substantial
damage to the premises. What can I do?
You can use a
form #8 (24-Hour Notice for Harm or Damage) to start eviction action toward
him/her. This form is used to terminate a tenancy for “truly awful behavior.”
You can start an eviction action within 24 hours, faster than for just about
any other type of lease or law violation. As a result, the behavior has to be
truly egregious and judges look for a higher level of proof. Behavior that the
law looks for are as follows:
1) The tenant, someone in the tenant's control, or the tenant's pet, seriously
threatens immediately to inflict personal injury, or inflicts any substantial
personal injury, upon the landlord or other tenants.
2) The tenant, someone in the tenant's control, or the tenant's pet inflicts
any substantial personal injury upon a neighbor living in the immediate
vicinity of the premises, or upon a person other than the tenant on the
premises with permission of the landlord or another tenant.
3) The tenant or someone in the tenant's control inflicts any substantial
damage to the premises.
4) The tenant or someone in the tenants control commits any act which is
“outrageous in the extreme,” on the premises or in the vicinity of the
premises. Acts that are “outrageous in the extreme” can include (but is not
limited to) prostitution, manufacture or delivery of a controlled substance,
intimidation or burglery.
If the damage in question is inflicted by a tenant's pet, the tenant can cure
this particular type of breech by removing the pet from the premises.
Sharon Flemming-Barrett did not recommend using this form without some sort of
legal advice.
What can I do if my
tenant is late with the rent?
There are a
few options available.
You can use a form #44, the 144-Hour Notice. (see May 2002 UPDATE for details.
You serve this form when the rent is at least four days past due. You do not
want to serve this form earlier or later than the fifth day that rent is late. This
gives the tenant 6 days to come up with the rent or move.
You can also use form #4, the 72-Hour Notice. (See June 2002 UPDATE for
details.) You serve this notice when the rent is at least seven days late.
Serve this notice no earlier than the eigth day of the month.
You may not use these forms to collect late fees or remaining partial rent
payments. If you would like to collect late fees, use a form #38, Notice of
Termination with Cause along with the #4 or #44. The #4 or #44 is for late
rent, the #38 is used to collect late fees or delivery of notice fees. This
gives them 14 days to pay those fees or move out in 30.
After the Tenant
Leaves
How long do I have to get my former tenant his deposit back?
You must do your final accounting within 31 days of the possesion of the
returned key. Whether or not the tenant is getting whole deposit back, part of
it, none of it or the tenant owes you money.
If you do not get this paperwork to the tenant within 31 days of possession,
you may have to pay the tenant twice the deposit even if the tenant ends up
owing you money.
You can use form #12 Final Accounting.