Rental Housing Journal is the business journal for the Oregon rental housing and multi-family property management industry.
8
Circulated to over 6,000 apartment owners, on-site and maintenance personnel monthly. Call 503-221-1260 for more information Advertise in Rental Housing Journal Metro 3. Giving a Tenant “The Boot” WWW.RENTALHOUSINGJOURNAL.COM • PROFESSIONAL PUBLISHING, INC Rental Housing Journal Valley October 2015 EUGENE · SALEM ·ALBANY · CORVALLIS Prepare Rental Properties For e Winter Season By Scott Matthews, Director, Strategic Accounts, e Home Depot F all is a great time to prepare prop- erties for the colder months ahead, which may help prevent or offset costly repairs and high utility bills caused by harsh winter weather. Before winter hits, take steps to ensure that the prop- erty is ready for the elements with this must-have checklist. 1. Stock up. Property managers – espe- cially those handling procurement – should prepare for colder months by purchasing winter products, such as salt and ice melt, in bulk before the season changes. Buying in bulk not only saves time and money but also gives property managers peace of mind as they look ahead to potential extreme weather. 2. Seal gaps. oroughly examine roofs, siding, doors and window frames for damage and draſts. Repair damages immediately and seal around doors and windows with caulking, weath- er stripping, or a door sweep to help keep warm air in and cold air out. As a best practice, ensure exterior seals are strong where building materials meet, like where siding stops and brick be- gins. Encourage tenants to notify of any draſts or noticeable gaps in their units to prevent soaring utility bills. 3. Protect pipes. Install heat cables and pipe insulation to prevent freezing pipes as temperatures drop – especial- ly for pipes exposed to outside air or on exterior walls. Remind tenants to let faucets drip overnight during ex- treme cold to keep pipes from bursting and causing water damage. Repairing burst pipes can cost more than $600 – depending on where the pipe is lo- cated and the extent of the damage, so take the necessary steps to avoid the additional out-of-pocket cost. 5 Lessons For Winter Property Survival A s Darwin concluded, “It’s the sur- vival of the fittest.” If we hope to preserve our property over the long term, there are simple truth’s we must accept and actions we must take in order to ensure the viability and value of the physical assets under our steward- ship. e simple truth is that as soon as a property is built, it begins the process of dying. It’s a harsh truth, but we have all seen it. With that said, there are some properties that seem to escape the in- evitability of decay, waste, and death. So, how do they do it? Are they special in some way? What are those operators doing to extend the life of those proper- ties, or, at least, lessen the effects of time in order to retain value? ese operators understand the following 5 lessons and keep them at the top of their preventative maintenance approach. Lesson One: Gutters and drains are key. When gutters, downspouts, and ground drains are neglected, they begin killing your buildings. ese compo- nents are at the top of the most wanted list when it comes to the destruction of your physical property. When they are clean and clear of debris, they will redi- rect and remove thousands of gallons of rainwater per year. To find the estimated amount of rainfall at your property use the following equation: (total sq’ of roof surface X 0.6 X annual rainfall). Here is a common property example from one of the properties in my portfo- lio in Portland, OR. It’s a 100 unit prop- erty with 10 buildings. Each building has a roof surface of approx. 2000 sq’. Using the annual rainfall for Portland 2015 Changes to the Oregon Landlord Tenant Act (SB 390) By Clifford A. Hockley President, Bluestone & Hockley Real Estate Services O nce again, tenants and landlords have come together with the leg- islature to update the Oregon Landlord Tenant Act. On June 15, 2015, Oregon Governor Kate Brown signed SB 390 into law. e law itself takes effect the 1st of January 2016. While most of the changes to the act are basic clarifica- tions, significant issues are addressed as well. I have reviewed the changes in the act and summarized them here for your convenience. Please read carefully. 1. Clarification regarding mailing of notices To avoid confusion, ORS 90.160 has been updated insofar that notices expire at 11:59 p.m. on the last day of the notice period rather than at 12 midnight. 2. Timing for notices of restitution ORS 105.159 (with a specific focus on ORS 105.151 regarding notices of restitution) has been updated insofar that notices of restitution expire at 11:59 p.m. on the last day of the notice period rather than at 12 midnight. is change also clarifies that the mail time for no- tices of restitution starts at 12:01 a.m., the day aſter a notice has been placed in the mail, and ends at 11:59 a.m. four days later. However, if the end date falls on a Saturday, Sunday or other legal holiday, then the notice period shall end at 11:59 p.m. on the day preceding the next judi- cial day. continued on page 2 continued on page 5 continued on page 6 5. Winter is Coming, Have A Plan! 4. Lead Safety, Testing, & Contractors Manufactured Fireplaces, Repair or Replace? Professional Publishing Inc., PO Box 6244 Beaverton, OR 97007 PRSRT STD US Postage PAID Portland, OR Permit #5460
Transcript
Circulated to over 6,000 apartment owners, on-site and maintenance
personnel monthly.
Call 503-221-1260 for more information
Advertise in Rental Housing Journal Metro
3. Giving a Tenant “The Boot”
WWW.RENTALHOUSINGJOURNAL.COM • PROFESSIONAL PUBLISHING, INC
Rental Housing Journal Valley October 2015
EUGENE · SALEM ·ALBANY · CORVALLIS
Prepare Rental Properties For Th e Winter Season
By Scott Matthews, Director, Strategic Accounts, Th e Home Depot
Fall is a great time to prepare prop-erties for the colder months ahead, which may help prevent or off set
costly repairs and high utility bills caused by harsh winter weather. Before winter hits, take steps to ensure that the prop-erty is ready for the elements with this must-have checklist.
1. Stock up. Property managers – espe-cially those handling procurement – should prepare for colder months by purchasing winter products, such as salt and ice melt, in bulk before the season changes. Buying in bulk not only saves time and money but also gives property managers peace of mind as they look ahead to potential extreme weather.
2. Seal gaps. Th oroughly examine roofs, siding, doors and window frames for damage and draft s. Repair damages immediately and seal around doors
and windows with caulking, weath-er stripping, or a door sweep to help keep warm air in and cold air out. As a best practice, ensure exterior seals are strong where building materials meet, like where siding stops and brick be-gins. Encourage tenants to notify of any draft s or noticeable gaps in their units to prevent soaring utility bills.
3. Protect pipes. Install heat cables and pipe insulation to prevent freezing pipes as temperatures drop – especial-
ly for pipes exposed to outside air or on exterior walls. Remind tenants to let faucets drip overnight during ex-treme cold to keep pipes from bursting and causing water damage. Repairing burst pipes can cost more than $600 – depending on where the pipe is lo-cated and the extent of the damage, so take the necessary steps to avoid the additional out-of-pocket cost.
5 Lessons For Winter Property Survival
As Darwin concluded, “It’s the sur-vival of the fi ttest.” If we hope to preserve our property over the
long term, there are simple truth’s we must accept and actions we must take in order to ensure the viability and value of the physical assets under our steward-ship. Th e simple truth is that as soon as a property is built, it begins the process of dying. It’s a harsh truth, but we have all seen it. With that said, there are some properties that seem to escape the in-evitability of decay, waste, and death. So, how do they do it? Are they special in some way? What are those operators doing to extend the life of those proper-ties, or, at least, lessen the eff ects of time in order to retain value? Th ese operators understand the following 5 lessons and
keep them at the top of their preventative maintenance approach.
Lesson One: Gutters and drains are key.
When gutters, downspouts, and ground drains are neglected, they begin killing your buildings. Th ese compo-nents are at the top of the most wanted list when it comes to the destruction of your physical property. When they are clean and clear of debris, they will redi-rect and remove thousands of gallons of
rainwater per year. To fi nd the estimated amount of rainfall at your property use the following equation: (total sq’ of roof surface X 0.6 X annual rainfall).
Here is a common property example from one of the properties in my portfo-lio in Portland, OR. It’s a 100 unit prop-erty with 10 buildings. Each building has a roof surface of approx. 2000 sq’. Using the annual rainfall for Portland
2015 Changes to the Oregon Landlord
Tenant Act(SB 390)
By Cliff ord A. HockleyPresident, Bluestone & Hockley Real Estate Services
Once again, tenants and landlords have come together with the leg-islature to update the Oregon
Landlord Tenant Act. On June 15, 2015, Oregon Governor Kate Brown signed SB 390 into law. Th e law itself takes eff ect the 1st of January 2016. While most of the changes to the act are basic clarifi ca-tions, signifi cant issues are addressed as well. I have reviewed the changes in the act and summarized them here for your convenience. Please read carefully.
1. Clarifi cation regarding mailing of notices
To avoid confusion, ORS 90.160 has been updated insofar that notices expire at 11:59 p.m. on the last day of the notice period rather than at 12 midnight.
2. Timing for notices of restitutionORS 105.159 (with a specifi c focus
on ORS 105.151 regarding notices of restitution) has been updated insofar that notices of restitution expire at 11:59 p.m. on the last day of the notice period rather than at 12 midnight. Th is change also clarifi es that the mail time for no-tices of restitution starts at 12:01 a.m., the day aft er a notice has been placed in the mail, and ends at 11:59 a.m. four days later. However, if the end date falls on a Saturday, Sunday or other legal holiday, then the notice period shall end at 11:59 p.m. on the day preceding the next judi-cial day.
continued on page 2continued on page 5
continued on page 6
5. Winter is Coming,Have A Plan!
4. Lead Safety, Testing, & Contractors
Manufactured Fireplaces, Repair or Replace?
Professional Publishing Inc.,PO Box 6244Beaverton, OR 97007
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PAIDPortland, ORPermit #5460
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(37.2”/yr), we can estimate that over 446, 000 gallons of water per year is landing on nearly all surfaces of my property, but mostly on the roofi ng. Without clean and functioning gutters, downspouts and ground drains all of that water is pour-ing into your building envelope some-where. Whether it’s damaging the roof sheeting, deteriorating the fascia, pour-ing down the siding, splashing over the side and causing splash back on the un-derside of the siding, or simply creating standing water throughout the property, it will cause you problems. Th e obvious solution is to give your rain drain system the attention it deserves. I recommend 3 cleaning and line jettings per year. Start-ing in March, I want to get all the resid-ual debris out from the previous winter. Th en in August/September I want to get them all clear for the upcoming Fall and Winter leaf drop, then I will do one fi nal clean and jet in December/January to get rid of all the leaves and debris that was just dropped over the past 90 days.
Lesson Two: Sealant matters. Th e sealant (caulk) that is protecting
your windows and siding material joints is like the sentry guarding the castle gate. At fi rst he is strong, fl exible, dependable, and nearly unbeatable. However, he gets weaker over time, and, depending on his location, is constantly under attack and beaten down. Eventually, he fails and must be replaced. Th e truth of the matter is that even the best sealants on the mar-ket have a manufacturer’s recommend-ed useful life of around 3-5 years. Th is means that if your property was built before 2013 and hasn’t had the sealant removed and replaced then your prop-erty is under siege, and there is noth-ing protecting the critical access points
that could become an open gate for wa-ter, mold, dry rot, and building failure. Within the industry there is a push given the construction defect litigation envi-ronment that is prevalent to implement sealant replacement schedules every 4-5 years with a focus on the horizontal surfaces, especially those that are not fl ashed with metal. Th is increased focus on the sealant will not only prolong the life of the material components, it will eliminate interior envelope damages. Since all surfaces and potential points of intrusion are being reinforced on a reg-ular basis, the life span of the envelope materials, and ultimately the value and future capital needs to retain the value of the property is preserved.
Lesson Three: Irrigation is key to NOI.
We all know water is very expensive. What we sometimes forget is, one of the largest water drains on our sites are our irrigation systems. Th ese systems were designed, initially, to get things growing fast at the time of development. Green grass, healthy trees, and bushes that can be trimmed and shaped make the prop-erty look good and help with the initial lease up and aggressive marketing that it takes to get the property performing well fi nancially. But, over time, grass takes root, trees and bushes become ma-ture and native plants and trees stabilize, leaving much of our irrigation systems unnecessary. Take this opportunity to do an in depth irrigation audit and de-termine areas that no longer need to be watered. Some areas may need diff erent approaches, such as drip systems rather than the more common sprinkler heads which use far more water. If possible, re-move entire zones in areas that have lit-
tle or no grass, heavily shaded areas, or areas that appear to be heavily saturated. Taking advantage of these savings will not only save you money but eliminates the need for future maintenance and possible damage and repairs as well.
Lesson Four: Don’t forget about crawl spaces.
Although oft en forgotten, neglected crawl spaces can be can serious prob-lems. Th ey may be too cold and wet un-der the units, or too warm and wet above the units. Take the opportunity to get a visual on these areas. Here is where to focus; lower crawlspaces should be clean and dry. Check the vapor barrier to be sure there are no tears in the barrier, no standing water or stains of previous wa-ter stains from the previous winter. Also, be sure to inspect all plumbing pipes that are within 5 feet of the outer foundation wall to be sure they are insulated.
As for the upper crawl space, take a few minutes in each building to look for potential problems that add to excessive moisture issues and ultimately mold. Check fan exhaust venting to be sure it is positively connected to the exterior of the building, be sure that intake baffl ing is in place (you should see some outside light coming in where the bird block and intake vents are located), so that clean air can come into the crawl space and help push the moist, stagnant air out the top of the system. Last, be sure insulation is in place all the way out to the edge of the roof. As long as the baffl es are in place this will ensure proper insulation for the units below.
Lesson Five: Emergencies are going to happen.
Be proactive by implementing and practicing emergency plans with your
team. If there is an aft er-hours call, does every member of your team know what to do? Setting up emergency response protocols, such as pre-approved vendors for restoration, plumbing, carpet ex-traction, and leak locators to deal with the problems, and hotels restaurants, or even the Red Cross to deal with the residents. Have a centralized location at the site that has a list of all these vendors, utility shut off locate maps, valve keys, fi re panel directions, and emergency protocols for fi re, fl ood, and blood, but also natural disasters, terrorist threats, gang violence, and even domestic vio-lence. When emergencies occur every-thing is chaotic, be sure your respond-ing site staff are trained, prepared, and are level headed so they can assume the leadership role your residents expect and deserve.
Zach Howell, CAMT, UPCS, LEED GADirector, Apartment Maintenance Institute
Zach carries a Psychology degree from Oregon State University. He is a nation-ally Certifi ed Apartment Maintenance Technician, LEED GA, and Certifi ed UPCS inspector carry-ing more than a decade
of experience within the multifamily housing, development, and construction industries. Zach is a valued advocate for the Apartment Mainte-nance trade, serving as Subject Matter Expert for the National Apartment Association, Training Director for Th e Apartment Maintenance Insti-tute, Community Education Faculty Member at Portland Community College, and 2014 Apart-ment Community Excellence “Oregonian Civic Award” Recipient.
Giving A Tenant “Th e Boot”The time has come that you want
to part ways with your tenants. How do you do it and what things
should you be careful of? How much no-tice do you give them? Can you do things in a way that will avoid upsetting your tenant and causing them to damage your property before moving? Can you walk up to the door of the unit to have a con-versation with them?
First thing is the amount of notice you give them. Th is depends on the reason for terminating the relationship. If you are just doing a no-cause notice to vacate then you can give them a 30-day notice, if they have paid rent for less than 12 months. 60-days if they have lived there for more than 12 months. If this is a non-payment of rent situation then you are able to give them a 72-hour non-pay-ment of rent notice on the 8th day of the month (assuming your rent is due on the 1st). Th is gives the tenant 72 hours to vacate or pay their rent. If your tenant threatens your safety or breaks the law while on the property then you may be able to give a 24-hour notice of eviction. Be careful with this one though and make sure that you are able to prove the violation. For most other lease violations you can give them a 14/30 notice. Th is is a notice that gives the tenant 14 days to cure the lease violation in a manner that is agreeable to the landlord or 30 days to move out.
If the tenants have not become hostile yet then I would suggest that when you give one of these notices you either call the tenant beforehand or do it in person and try to have a conversation with the tenant at the same time. Keep in mind that the main goal is to get the tenant to move out. When you post a notice of eviction for a cause you can accomplish a lot by having a conversation with the tenant. Keep in mind that it is perfectly legal for you to do a “knock and talk”.
Th at is you are allowed, without prior notice, to walk up the normal pathway to the front door to knock on it and try to talk with the tenants. Obviously be careful to stay on the natural path to the front door, don’t look inside any win-dows, and don’t walk around the proper-ty if you haven’t given notice. When you talk to the tenant let them know that you have no choice but to post this notice. Al-though if they are able to get moved out prior to the notice expiring or even prior to the initial hearing if you have to fi le an eviction, that you will drop the eviction. 90% of our evictions end on a positive note in this way. Ultimately we get what we want in that the tenant moves out without causing any additional trouble and sooner than if they fi ght it and we have a trial. Th ey get the added benefi t of not ending up with an eviction on their record which could cause them to be de-nied at the next place they try to rent or pay much higher security deposits.
Th e reason that you want to have this conversation while still posting the nec-essary notice is that you want to reserve your right to evict them as soon as possi-ble if they don’t follow through on their
side of the agreement. Th e majority of landlords have heard the “promises” and sob stories. If you still post the notice, but let them know that an eviction won’t end up on their record if they can follow through, then the ball is in their court and if they fail to follow through you haven’t lost any time and can still evict them as soon as possible.
Th e eviction process is much like getting a traffi c ticket in that there is an initial hearing to see if you and the tenants can come to an agreement; and then there is a trial if no agreement can be made. Th e best thing that you can do is reach an agreement at the initial hearing. Th e reason is that the judge will make that stipulated agreement part of his judgment. In entering this agreement with you and the court the tenants are waiving their right to a trial. So if they fail to follow through on their end you
are able to fi le some paperwork at the courthouse and get your FED judgment. If you are evicting a tenant and part of the agreement is that if they follow through you will actually allow them to continue living at the residence then you can add to that agreement that they pay their rent on time. Most judges will allow you to require this for up to 6 months. Th is is a very good thing to add to that agreement as it makes it so that you can skip the hearing and trial and just evict them on grounds of violating their stip-ulated agreement if they fail to pay their rent on time.
Th e last bit of advice I can give is to never make it personal.
Keep in mind that even if they live in a property you own that this is just busi-ness. Don’t get sucked into arguments with the tenant and stick to the facts at all times. Always remember that your end goal is not to punish the tenant, but to get possession of your property back as quickly as possible with as little dam-age as possible. So be prepared to off er the tenant something (like dropping the eviction case) if it means they will move out sooner than later and without a fi ght.
Good luck with your next eviction!
Christian BryantPresidentPortland Area Rental Owners AssociationColdwell Banker Property Managementwww.CBPropertyManagement.com
4
Rental Housing Journal Valley
Rental Housing Journal Valley · October 2015
Lead Safety, Testing, & ContractorsBy Jo Becker, Education/Outreach Spe-cialist, Fair Housing Council of Oregon
One cannot see tiny specks of lead in household dust yet just a mi-nuscule amount can be toxic
enough to poison. At greatest risk are children whose bodies and brains are still developing, as well as those with compro-mised immune systems. Th e prevalence of lead-based paint used in older housing stock up until its ban in 1978 means that many homes in our area have such po-tential, if invisible, hazards.
Just one sugar packet’s worth of lead dust scattered evenly over an area the size of a football fi eld is enough to poi-son a child playing on that surface. Th at might be your child or grandchild. If you do painting or repair work on pre-‘78 homes, you may carry toxic lead dust home on your clothes and shoes. You might also poison your residents’ chil-dren if you’re doing work on a rental property that you own or manage.
Th e Dangers• Abnormal fetal development• Learning disabilities• Lower IQ scores; memory, speech, and
language problems• Behavioral issues• Damage to the brain and nervous sys-
tem (especially in kids)• Fertility problems• Diminished motor skills• Decreased bone and muscle growth and
coordination; muscle and joint pain• Kidney damage• Hearing loss
• Memory loss• Digestive problems• High blood pressure• Headaches• In severe cases, seizures, unconscious-
ness, and death
Very oft en health departments and prevention programs respond to lead poisonings identifi ed with blood testing. According to the EPA, over one mil-lion kids in the US currently have high blood lead levels from old lead paint in homes. Should we wait for fi res to start and things to get burned before acting? Of course not, and just with fi re pre-vention, here we must move together on poison preventative measures aimed at controlling lead hazards in housing and minimizing risk before the harm is done.
Prevention is Key• Proactively check for lead hazards in
and around homes
• Establish maintenance plans that pre-vent hazards from arising (such as re-painting oft en enough to avoid worn, chipped paint that more readily fl akes off creating dust)
• Remediate existing lead hazards or fi x dangerous problems
Home repairs that create even a small amount of lead dust are enough to put lives at risk. If you own, live in, or work in residential property(ies) built before 1978, make sure you know your legal ob-ligations and how to keep yourself and others safe.
ContractorsIf a pre-‘78 property requires repair
or renovation that will disturb painted surfaces, inside or out, federal and state laws require that you hire a Lead-Safe Certifi ed contractor (or become cer-tifi ed yourself). Details can be found on the Oregon Health Authority web-site, https://public.health.oregon.gov/HealthyEnvironments/HealthyNeigh-borhoods/LeadPoisoning/Pages/index.aspx. Th e LeadLine at 503/988-4000 can provide a list of certifi ed contractors, and explain how to be certifi ed yourself, if you’re interested.
TestingA lead dust test is the only way to be
sure that lead-contaminated dust is not present in dangerous levels. Instant spot paint test kits available at hardware and home improvement stores can provide useful information but are not as accu-rate as a tests analyzed by a laboratory.
You have options:Use a home dust test kit. Hire a commercial testing service.
Lab analysis costs $5 to $20 per sample, depending on the number of samples and the laboratory you choose. Typi-cally, two or three samples per room are adequate.
Contact a certifi ed lead professional. Th is is certainly the most expensive op-tion and the most comprehensive.
Th e LeadLine at 503/988-4000 can provide referrals and information about
continued on page 7
Manufactured FireplacesRepair or Replace?
Many of your units, especially apartments and condomini-ums, are equipped with Man-
ufactured Fireplaces.Over time, various parts of these Man-
ufactured Fireplaces will wear out. Most commonly the interior fi replace area called the fi rebox. Th e fi rebox consists of the back wall panel, two side wall panels and the fl oor panel.
When the Manufactured Fireplace is cleaned and inspected by a Certifi ed Chimney Sweep and if cracks or holes are noted in the panels, these panels should be replaced soon aft er by the Chimney Sweep as a follow up service.
Th e Manufactured Fireplaces are ba-sically appliances and it is vital to their longevity to provide routine mainte-nance and part replacement as needed. If they are left to deteriorate or are not repaired, replacement of the Manufac-tured Fireplace is then needed which is much more costly. Not to mention being a fi re hazard for the property itself.
Th e National Fire Protection Association recommends annual inspections and cleanings of fi re-places.
“13.2 Annual Inspection. Chimney, fi replaces and vents shall be inspected at least once a year in accordance with the requirements of Section 14.2”
“14.2.1 Selection of Inspection Type”“Level 1”“Annual inspections as required by
Section 13.2: during routine cleaning of chimney fl ue; upon direct replacement of connected appliance with one of simi-lar type, input rating and effi ciency.”
In the Great Northwest fi replaces abound for brick masonry chimneys and Manufactured Fireplaces. Let’s keep them clean, properly maintained and ready for use. Article submitted by PORTLAND CHIMNEY & MASONRY INC.Reference: National Fire Protection Association 211
Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances 2010 edition. Chapter 13 Maintenance and Chapter 14 Inspec-tion of Existing Chimneys.
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CITY: _________________________________________ STATE: __________ ZIP: _________48-HOUR NOTICE OF ENTRY
Pursuant to RCW 59.18.150, this is your 48 hour notice that your landlord or their agents will be
entering the dwelling unit and premises located at (Address)______________________________________________________________________________on between the hours of and . (Date) (Time) (Time)The entry will occur for the following purpose:______________________________________________________________________________
48-HOUR NOTICE OF ENTRYPursuant to RCW 59.18.150, this is your 48 hour notice that your laentering the dwelling unit and premises located at (Address)______________________________________________________________________________ between the hours of (Date) (Time)
The entry will occur for the following purpose:______________________________________________________________________________
48-HOUR NOTICE OF ENTRYPursuant to RCW 59.18.150, this is your 48 hour notice that your laentering the dwelling unit and premises located at (Address)______________________________________________________________________________ between the hours of (Date) (Time)
The entry will occur for the following purpose:______________________________________________________________________________
* Add one additional day for compliance if served by post and m
CHECK-IN/CHECK-OUT CONDITION REPORTTENANT(S): __________________________________________________________________ADDRESS: ________________________________________________UNIT: ______________CITY: ___________________________________ STATE: ________ ZIP: _________________Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor Rating Scale = (E)Excellent (VG) Very Good (G)Good (F)Fair (P)Poor IN Out In Out In OutLIVING AREAS KITCHEN BEDROOM 3Walls Walls Walls
CHECK-IN/CHECK-OUT CONDITION REPORTTENANT(S): __________________________________________________________________ADDRESS: ________________________________________________UNIT: ______________CITY: ___________________________________ STATE: ________ ZIP: _____________Rating Scale = (E)Excellent (V(E)Excellent (V(E)Excellent (V(E)Excellent (V(E)Excellent (VG) Very Good (G)Good (F)FG) Very Good (G)Good (F)FG) Very Good (G)Good (F)FG) Very Good (G)Good (F)F
1) Type _______________ Breed _______________ Size ______ Age __ Weight ___ Color ____ Name ________ Vaccinations: Yes____ No____ License Number: ______________
2) Type _______________ Breed _______________ Size ______ Age __ Weight ___ Color ____ Name ________ Vaccinations: Yes____ No____ License Number: ______________
3) Type _______________ Breed _______________ Size ______ Age __ Weight ___ Color ____ Name ________ Vaccinations: Yes____ No____ License Number: ______________
Additional Security Deposit Required:$
AGREEMENTTenant(s) certify that the above pet(s) are the only pet(s) on the premises. Tenant(s) understands that the additional pet(s) are not permitted unless the landlord gives tenant(s) written permission. Tenant(s) agree to keep the above-listed pets in the premises subject to the following terms and conditions:
1) The pet(s) shall be on a leash or otherwise under tenant’s control when it is outside the tenant’s dwelling unit. 2) Tenant(s) shall promptly pick up all pet waste from the premises promptly. 3) Tenant(s) are responsible for the conduct of their pet(s) at all times. 4) Tenant(s) are liable for all damages caused by their pet(s). 5) Tenant(s) shall pay the additional security deposit listed above and/or their rental agreement as a condition to keeping the pet(s) listed above. 6) Tenant(s) shall not allow their pets to cause any sort of disturbance or injury to the other tenants, guests, landlord or any other persons lawfully on the premises. 7) Tenant(s) shall immediately report to landlord any type of damage or injury caused by their pet. 8) This agreement is incorporated into and shall become part of the rental agreement exe -cuted between the parties. Failure by tenant to comply with any part of this agreement shall constitute a material breach of the rental agreement.
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Rental Housing Journal Valley
Rental Housing Journal Valley · October 2015
2. Noncompliant pet feesORS 90.302 has been amended to
include authorization to charge non-compliance fees to tenants for failure to clean up the waste of a service/compan-ion animal from a part of the premises other than the dwelling unit. (Th e point of this change was to encourage owners of those animals to pick up animal waste at a property just like any other tenant would be responsible for.)
In addition, there was a change to the section of the act that addresses the pen-alties for keeping an unauthorized pet capable of causing damage to persons or property as described in ORS 90.405.
Initial noncompliance fees are limited to $50 (see ORS 90.302(3)(a)(A). How-ever, a fee for a second or any subsequent noncompliance relating to an unautho-rized pet can increase to a maximum of $250. Th ose unauthorized pet fees may not be imposed until 48 hours aft er the warning notice has been delivered to the tenant.
3. Assessments imposed by a home-owner / condominium association
ORS 90.302 has been modifi ed to ad-dress homeowner / condominium asso-ciation fees. Th is section clarifi ed that assessments can be passed on to tenants if they are imposed for moving into or moving out of a unit or property located within the association.
To levy these fees the landlord must establish the fees in a written rental agreement at the beginning of the lease term and the landlord must give a copy of the assessment distributed by the as-sociation to the tenant before or at the time the landlord charges the tenant.
If a landlord charges a tenant a fee in violation of this section the tenant may receive from the landlord a penalty that recovers twice the actual damages to the tenant or $300, whichever is greater.
4. Regarding a tenant’s failure to pay for damages, utility fees and / or charges and deposits.
Amendments to ORS 90.412 (the “waiver” statute) clarifi es a tenant’s fail-ure to pay money to a landlord for dam-ages to the property, structures at the property, utility fees and / or charges and deposits. Th e following section is new:
Th e violation concerns the tenant’s fail-ure to pay money owed to the landlord for damage to the premises, damage to any other structure located upon the grounds, utility charges, fees or deposits and, fol-lowing the violation but prior to the ac-ceptance of rent for three rental periods or performance as described in subsection (2) of this section, the landlord gives a written warning notice to the tenant re-garding the violation that:
• Describes specifi cally the basis of the claim and the amount of money owed that constitutes the violation; States that the tenant is required to correct the vio-lation by paying the money owed; and
• States that continued nonpayment of the money owed that constitutes a violation may result in a termination of the ten-ancy pursuant to ORS 90.392
Th is statute is also amended to read that “ for violations concerning the tenant’s failure to pay money owed to a landlord, the landlord’s written warn-ing remains eff ective for 12 months from
the date of the tenant’s failure to pay the money owed.”
5. Regarding renter’s liability in-surance and landlord requirements thereof.
Changes to ORS 90.222 are important given that as of January 1, 2016 landlords must provide a reasonable written sum-mary of the exceptions to the insurance requirements to tenants. Th is typically addresses low income tenants or tenants using vouchers or living in subsidized housing, and basically exempts Section 8 tenants for carrying rental liability insurance. Should a landlord desire to amend a month-to-month rental agree-ment, so as to require rental liability in-surance, the landlord must not only give a tenant a 30 day notice, but must also deliver the same written summary of ex-ceptions to a tenant/tenants.
A landlord may require that the tenant provide documentation that the tenant has named the landlord as an interested party on the tenant’s renter’s liability insurance policy au-thorizing the insurer to notify the landlord of:
a. Cancellation or non-renewal of rental insurance policies
b. Reductions of policy coveragec. Removal of the landlord or other in-
terested party (like a property manage-ment company or an attorney)
If a landlord” knowingly” does not follow the modifi ed rules, tenants may recover actual damages or $250, which-ever is greater.
6. ORS 90.325 tenant responsibilities1. New codes require that new apart-
ments be constructed with fi re sprin-klers installed. To that end tenants may not remove, obstruct, or tamper with a sprinkler head used for fi re suppression.
2. Other new rules regarding tenant responsibilities defi ne what damages tenants are NOT responsible for:
a. Acts of God b. Conduct by a perpetrator re-
lating to domestic violence, sexual as-sault or stalking
c. Damage resulting from con-duct by a perpetrator relating to domes-tic violence, sexual assault or stalking.
A Landlord may require a tenant to provide verifi cation that the tenant or a member of the tenant’s household is a victim of domestic violence, sexual assault or stalking as provided in ORS 90.453.
7. Utility and public service chargesORS 90.315 now allows landlords to
bill tenants for utilities and public ser-vice charges (charged to the landlord by the public service.
A ‘public service’ is defi ned as munic-ipal services and the provision of public resources related to the dwelling unit, including street maintenance, trans-portation improvements, public transit, public safety and parks and open space.
“Public service charge” means a charge imposed on a landlord by a utility or ser-vice provider by a utility or service pro-vider on behalf of a local government or directly by a local government. However,
2015 Changes to the Oregon ...continued from page 1
continued on page 6
Winter is ComingHave a plan!
It’s budget season for property manag-er and everyone is scrambling to get them done accurately and on time,
while managing everything else that goes on daily on our properties. But, we can’t forget cold weather and freezing condi-tions are coming. Although, we have had a hot long summer into fall, we need to be prepared for cold weather. Prepare for the worst and hope for the best!
Here are some best practices for to help ease the process and headache. Prepare the residents.
• Staff should be prepared with all emer-gency situations and how to navigate all emergencies. Winter can bring fi res, fl oods, freezing pipes, and freez-ing branches that can fall on buildings. All staff should know how to handle all of these situations. Be prepared with phone numbers for aft er hours emer-gencies for restoration companies, elec-tricians, tree removal and landscaping companies, and help organizations like Th e Salvation Army. It’s also import-ant to make sure that your whole team has contact information for all team members, in case of emergency.
• Prepare staff and residents for emer-gencies. Make sure everyone knows what to do in case of emergencies during business hours and aft er. Of-fi ce Hours and emergency contact in-formation, including emergency and utility information, should go out to all residents and posted on the offi ce door as well as voice mail.
• Publish and distribute an information booklet of emergency plans and re-minders. For example: in the event of a power outage, remind resident not to use stoves or space heaters that do not automatically shut off if tipped over. Avoid candles and make certain that residents have working fl ashlights and batteries. Another important plan to include is fi re evacuation. Make cer-tain to walk your property and note potential areas of concern – IE side-walks, parking lots or stairway that might freeze over, etc. Include those in your plan.
Everyone hopes that none of these emergencies will occur, but they do hap-pen. Th e best way to overcome, min-imize damage and keep residents as happy as we can will come from BEING PREPARED!
By Dana BrownDana Brown has worked in all facets of the property manage-ment and rental housing industry for over 30 years. She is a national speaker and trainer who
consults with both property management compa-nies and industry service providers. You may reach Dana at: [email protected]
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4. Check the water heater. Ensure units on the property are in good condi-tion with thorough inspections. Drain and fl ush the hot water heater to get rid of sediment build-up. If it’s time for an upgrade, choose a model that’s compliant with the latest effi ciency requirements enacted in April of this year.
5. Install programmable thermostats. Wi-fi enabled thermostats off er cus-tomizable convenience by enabling users to control temperatures from their smart phone. Some models even sense when a unit is occupied, deliv-ering comfortable temperatures when it is in use and saving energy and money when no one is home. Proper-ty managers can also program smart thermostats to send reminders for fi lter changes or extreme temperature alerts.
6. Clear gutters. Remove debris from gutters to ensure proper drainage around the property. Th e fall and spring seasons are the best times to clean gutters, and property managers should take this one at least two times per year. Improper drainage can dam-age landscaping and the property’s foundation and cause snow and ice to build up in the winter months.
7. Protect the landscaping. Th e steps to winterize your landscape largely depend on your location. In milder climates, like the West Coast or Deep South, you can protect your outdoor plants by applying mulch or protective fencing and verifying that the freeze sensor on the irrigation system is working properly. In colder climates, drain water from the irrigation system so pipes and sprinklers don’t burst un-derground. Th ere are three common techniques to winterize irrigation sys-tems – manual, automatic and com-pressed air blow-out methods – so property managers should review the options to determine which can best protect their landscape.
8. Defend against moisture. Keep out-door fabrics and surfaces safe from the winter elements with a moisture blocking spray or sealant. Use the product to protect walkways, wood and other outdoor surfaces before the harsh weather arrives.
9. Create a severe weather kit. Prepare for the worst by assembling a severe weather kit before the season hits, including generators, batteries, fl ash-lights and a First Aid Kit. Also include snacks, water and other essential sup-plies.
10. Help residents prepare. Encourage tenants to report maintenance issues immediately and share tips to help them get ready for the winter season. Let them know that they play a huge role in keeping the unit intact during the colder months.
By Scott Matthews, Director, Strategic Accounts, Th e Home Depot
Scott is responsible for man-aging national accounts and e-commerce while overseeing business-to-business relation-ships. During his 25 years at Th e Home Depot, he has served in a variety of roles and capacities,
including Regional Pro Sales Manager, District Manager and Store Manager.
Prepare Rental Properties
“public service charge” does not include real property taxes, income taxes, busi-ness license fees or dwelling inspection fees.
Provided your rental agreement re-quires a tenant pay a utility or service charge, landlords can bill for it but land-lords must bill for the utility within 30 days aft er receipt of the utility provider’s bill. If the landlord includes the bill in the monthly statement of the rent due, the landlord must separately and dis-tinctly state the amount of the rents and the amount of the utility and / or service charge.
To be able to bill back utilities to the tenant the landlord must provide to the tenant in the rental agreement or
in a separate bill to the tenant an expla-nation of:
a. Th e manner in which the utility pro-vider assesses the utility bill or service charge.
b. Th e manner in which the service charge is allocated if the provider’s bill is allocated among multiple tenants, (for example: RUBs (Ratio Utility Bill back), sub meter, by number of residents in a unit, or by number of units).
Landlords must include a copy of the utility bill for the tenant to review or state in the rental agreement and / or tenant bill back that the tenant can inspect the bill at the landlord’s offi ce (during reasonable offi ce hours) and that the tenant can have copies of the bills at a
reasonable cost. Utility bills and service charges can be transmitted to tenants via fi rst class mail, posted on the door, or via email, if the rental agreement so provides (ORS 90.155).
Service charge pass throughA landlord must provide 60 days writ-
ten notice to a tenant before the landlord may amend an existing rental agreement to require a tenant to pay a new service charge adopted by a utility service pro-vider (such as a billing service or a local government) that was not in existence at the time the rental agreement was entered into and that was adopted by a
...continued from page 12015 Changes to the Oregon ...continued from page 5
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Rental Housing Journal Valley
Rental Housing Journal Valley · October 2015
local programs, grants, testing, and cer-tified professionals.
Federal RegulationFederal agencies have developed and
implemented measures such as these to reduce exposure to lead hazards in housing:
Lead Hazard Control Grant Programs enable local and state agencies to con-tract for lead hazard control in low-in-come high-risk homes. Learn more at www.portlandoregon.gov/phb/61012.
The Federal Real Estate Notification and Disclosure Rule mandates that property owners reveal information about known lead-based paint and haz-ards and testing to prospective buyers and renters. (www.epa.gov/lead/pubs/fs-discl.pdf)
Oregon’s Lead-Based Paint Activ-ities Certification and Accreditation Program oversees lead-based paint in-spections, risk assessments, and abate-ment. (https://public.health.oregon.gov/HealthyEnvironments/HealthyNeigh-borhoods/LeadPoisoning/Pages/index.aspx)
HUD’s Lead Safe Housing Rule gov-erns how lead safety is addressed in fed-erally funded housing. (www.hud.gov/offices/lead/enforcement/lshr.cfm)
EPA’s Renovation, Repair and Paint-ing Rule requires housing providers, contractors, and those who work in old-er homes and child-occupied facilities to take precautions to avoid creating and spreading lead paint debris and dust. (www.epa.gov/lead/pubs/renovation.htm)
EPA Standards on Lead Dust define what is a dangerous level of lead in paint, bare soil, and interior dust. (http://www.epa.gov/lead/pubs/leadhaz.htm)
In additional, federal, state, and local fair housing laws2 protect families with children from discrimination in hous-ing. Although lead poisoning is espe-cially dangerous for kids, the fear poi-soning or liability does not give housing providers the right to deny or discourage families with children away from pre-‘78 housing. Visit www.FHCO.org for more about this and other protected classes.
Questions?Call the LeadLine: 503/988-4000. It’s
a free service – request a free lead test kit, learn where to get a blood-lead test, ask
about Lead-Safe Certified contractors or how to become certified yourself.
To learn more… Learn more about fair housing and / or sign up for our free, periodic newsletter at www.FHCO.org.
Q’s about this article? ‘Interested in articles for your company or trade asso-ciation? Contact Jo Becker at [email protected] or 800/424-3247 Ext. 150
Want to schedule an in-office fair housing training program or speaker for corporate or association functions? Vis-it www.FHCO.org/learning-resources/trainings to learn about the trainings we offer for companies and groups.
1 Housing Providers’ Lead-Related Obligations:
Distribute the “Protect Your Fami-ly from Lead in Your Home” booklet (available at http://www.hud.gov/offices/lead/library/enforcement/pyf_eng.pdf)
Get a disclosure form signed prior to contract (available at www.hud.gov)
Provide the “Renovate Right3” bro-chure and disclosure form prior to re-pairs / renovations (available at www.epa.gov/lead/pubs/renovaterightbro-chure.pdf)
Hire a contractor who is lead-safe cer-tified or become certified yourself
2 Federally protected classes under the Fair Housing Act include: race, color, national origin, religion, sex, familial status (children), and disability. Oregon law also protects marital status, source of income, sexual orientation, and do-mestic violence survivors. Additional protected classes have been added in particular geographic areas; visit www.FHCO.org to learn more.
It might be your child or grand-child at risk!
If you do painting or repair work on pre-1978 homes, you may carry tox-ic lead dust home on your clothes and shoes.
You might also poison your residents’ children if you’re doing work on a rental property that you own or manage.
utility or service provider or a local gov-ernment within the previous six months. A landlord may not hold a tenant liable for a public service charge billed to a pre-vious tenant.
8. Application order for tenant pay-ments
According to ORS 90.220(9)(a), as of January 1, 2016 funds received from tenants must be applied in the following order:
a. Outstanding rents from previous periods
b. Rent from the current periodc. Utility or service chargesd. Late rent payment chargese. Fees or charges owed by tenants
under ORS 90.302 or other fees and charges related to tenant caused damag-es and other claims
This section does not apply to rent-al agreements subject to ORS 90.505 – 90.840 relating to manufactured dwell-ings or floating homes but does affect all rental agreements for fixed term ten-ancies entered into or renewed after the effective date of this 2015 Act (January 1, 2016).
9. Definition change regarding emer-gency exits
Section ORS 90.100 creates new lan-guage requiring a landlord to provide an emergency or secondary means of exiting a bedroom (in addition to the main door to the room,) and allows a tenant to terminate such a tenancy on 72 hours’ notice unless the landlord cures the noncompliance, compensates
for damages and pays a penalty for their failure to cure.
This change is aimed at landlords who rent out illegal units containing bed-rooms without legal or approved egress, which can be catastrophic in the case of a fire or other emergency. This law is fo-cused on landlords who build extra rent-al rooms without a permit, with a specif-ic focus on basements, attics and rooms that have no windows that can be used for emergency egress.
If the landlord does not cure the non-compliance within a 72 hour period the tenancy terminates without any tenant penalties, and the tenant can recov-er twice the tenant’s actual damages or twice the periodic rent, whichever is greater. Within four days after termi-nation, the landlord must return all the security deposits and any prepaid rent owing to the tenant.
SummaryIn summary, as these new laws take ef-
fect, landlords must be vigilant in cases regarding the mailing period of notices, pet waste in public spaces / noncompli-ant pets, homeowner / condominium association assessment fees, tenants’ fail-ure to pay fees, exceptions to insurance requirements, tenants’ responsibility for damages, utility and public service charges, the order tenants’ payments are applied, and provisions for emer-gency exits as they adapt their policies, procedures and documentation to the new provisions.
2015 Changes to the Oregon ...continued from page 6 Lead Safety ...continued from page 4
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