The MMHA Rental Agreement as explained by your’s truly

 Landlord Study Hall Mission Statement:

Our goal at Landlord Study Hall is to empower owners of residential and multifamily homes; providing education and information, while allowing us to develop a lifetime relationship with the attendees, and to assist them with their residential and rental real estate transactions.

Kathryn’s practical tips (not to be construed as legal advice)

 Rental agreement:

 Page 1:

Use all names of adults.

Unit can be blank.

Mark box “actual notice allowed” – confirm email works.

I recommend checking early termination provision and like the 1.5x option.

Rent due on 1^st makes accounting far easier.

“Other” common charges: pet rent, utility fees, garbage fees, lawn care fees.

Pick your preferred prorate method – always check your math.  I like “c” (actual days of month).

Note changes to fees: bounced check and non-compliance fees have limits and specifics.

Security deposit (pet = “additional deposit”).

Note it repeats “other monthly charges,” this would be a total from other column.

Make note of your late fee – we do flat rate.  Law now allows $150 per occurrence. 

Move in accounting: prior payment would be an execution deposit to hold the unit.  There is a form for this (we

won’t be covering tonight).

Total due at move in: take in certified funds (cashier check, money order, or cash).  Must give a receipt on all

deposits.

Page 2:

Smoke alarms – test.  Check what type you have. Make sure 10 year lithium battery is in use and working.  Photo?

Remind resident $250 fine for tampering (same as city will charge you!).

Note who pays what for utilities.  In City of Portland garbage must remain in name of owner.  Can bill back.

Yard: Jonathan recommends lawn agreement and bill back to tenant or build in to rent.  I am leaning more toward this.

Pets: types – be specific!  No aggressive breeds.  Be sure to put this in your advertising.  I recommend a pet visit.

Renters insurance: more and more are requiring.

Under special lease provisions: list out all the addendums to the agreement, any #’s of keys, any remotes, any mail box keys.  Take photos of all these items so that non return = charge for replacement.

Smoking policy: your call!

Flood plain: all counties should have a GIS map to confirm.  Some larger PM firms are marking “yes” on all units.

Everyone must sign and date and ultimately this should be prior to key exchange.

#2 – Rent is late if not received at 11:59pm on the 4^th.  Point this out.

#3- Application of payments.  It is actually law as I understand it that you must apply the funds as directed on the funds.**

#4 – Specifies the terms for breaking of lease.**

#5 – Includes the provisions for a 60 day notice to vacate if a resident has been there 366 days.  Any removal or addition of a resident starts the timeline over.**

#6 – Note – a lease converts to month to month unless you renew it.  You have to give notice to the tenant if you don’t intend to renew.

#7 – Specifies pets, water beds, and instruments.  Notes responsibility for damage and requirement of insurance for waterbed.

#8 – Notes the requirement for approval of additional residents.  Wraps in the visitor terms – no more than 10 consecutive days, and no more than a total of 20 days in any 12-month period.  It says it includes substantial amounts of time, whether during the day or night.  This could be babysitters, mother in-law, etc.

#9 – Forbids subletting (renting to another without authority)

#10 – this is where the tenant agrees to keep the place tidy!  You can give a for cause notice for a pigsty.  Covers damages to furnishing or premises due to tenant actions.  This also covers the requirement to report leaks.  If they fail to do so and the underlayment is damaged – could be tenant expense.  Stoppages are the expense of the tenant.  Some PM do not bill back.**

#11 – BBQ’s.  This season is upon us.  This outlines non-use.  Believe it or not many are not smart enough to figure out a BBQ can set siding or decking on fire.

#12 – Covers that no tenant modifications are allowed.

#14 – Application of deposits.  Carpet cleaning is now covered.  Requires the tenant to replenish deposit upon demand.  Refunds and an accounting are required within 31 days of surrender of the keys.  Note: you may send a corrected accounting and bill for later charges.**

#16 – Responsibility – the residents are considered jointly and severely liable.  Don’t accept more than one check – make them pay all at once.  This way you have not accepted partial rent (and loss the ability to evict in that month).

#17 – Access – notes that if you are the one maintaining the yard you may go on the property (only) within reasonable times and frequency.  You may enter with 24 hour notice for purpose of inspection and repair.

#18 – Absence – they agree to give you notice if for more than 7 days.  This is important when freezing pipes could be an issue.

#22 – Use – covers that a resident may not run a home based business in a residence.  Covers drunk and disorderly conduct.  Covers drugs.  Allows the owner the right to exclude a guest from the common areas and allows the exclusion of an evicted resident from staying in another unit.

#23 – responsibility for reporting of malfunctions falls on the resident.

#24 – Co-signer – if they terminate tenancy can be terminated.  We don’t allow co-signers unless in state.

#27 – very important.  Allows the delivery of written notices by first class mail and attachment.  If you can post and mail they must be able to post and mail and your front door must be accessible.  You must post on all entry points, securely.  Some people take photos.

#31 – Reasonable accommodations should be in writing and should not be unduly withheld.

#32 – Termination for false information – if you find out later that there is false information on the application you can terminate the tenancy.  You can do so if an occupant is convicted of a crime during the tenancy that would be grounds for denial under the screening criteria, you can terminate tenancy.

Prescreening defined: eliminate time wasters!

Prescreening defined:  eliminate time wasters!  Improve your odds of closing a “deal” with an applicant.  This means getting them to apply, get approved, pay the funds, and move in!

Know your 10 second commercial:  Mine is “we screen for credit, criminal, eviction, employment, and landlord verification.  The screening fee is $40.00 per adult over the age of 18.  All parties that will be on the agreement apply.”

After you have given your commercial you can explore the caller’s reaction.  “Do you have credit, criminal, eviction, employment, or landlord issues you would like to make us aware of prior to renting?  Will any of these screening areas be a problem for you?”  Have a conversation.  Be aware that tenants will tell a story.  The screening facts matter. 

Don’t try to define your criteria or establish if a caller can pass it.  Offer to provide it in writing and invite all callers to apply.  Treat all parties the same.  “We provide screening criteria and lead based paint disclosure and photos prior to booking an appointment to show.  Do you have email?”

“Have you driven by the property yet?”  Explore if they are familiar with the area.

Next you can move on to your property rules.  Questions such as the following are helpful.

“Do you have pets of any sort? – reiterate your pet policy.  Ours is “we do not accept any aggressive breeds.  Pet visit at your home may be required prior to approval of a pet.”

“What date are you interested in moving?” – reiterate your move in policy.  Ours is “we do not hold homes more than seven days once an applicant is approved.  Upon approval you will have 48 hours to pay an execution deposit and sign an execution agreement.  These are certified funds.”

“Do you have any “musts” for a property that we should know about before showing you the house?”

“This house has __________________ heat.”  “The tenant pays for all utilities except ___________________.”

“This house is (small) or (duplex) or has a (garage) that is used primarily for storage.”

“We are showing the property at ___________________________.  Would you like to be present at that appointment?  What is a good cell # for you? _______________________”

We require a confirmation phone call prior to our dispatching to the appointment.  Please call to confirm when you are on your way to the home or cancel at ________________.  We don’t go to the house without a confirmation call.

Once at the property you can ask for feedback:

“Please help us by giving us your feedback about your rental needs.”

“In order to rent, what would your requests be?”

“How competitive is the rent?”

“Do you have requirements in order to rent this home?”

Once you have this feedback you can fine tune your advertising, interior, or reduce your rent.

The Green Tour of Homes is Here!

Neighborhood Economic Development Roundtable

The SOLV Beach and Riverside Cleanup, presented by Oregon Lotto needs you!

Don’t miss your chance to join a newly expanded, statewide cleanup & restoration event!

The SOLV Beach and Riverside Cleanup,

Presented by the Oregon Lottery

Saturday, September 25, 2010

This year SOLV’s Fall Beach Cleanup is going statewide to become the SOLV Beach and Riverside Cleanup! For the first time, thousands of volunteers will clean up Oregon’s beaches from the California border to the Columbia River – and also work along rivers, creeks, lakes and other waterways throughout Oregon and SW Washington – improving the quality of water that we all use for drinking, recreation, agriculture and more. We know that most of the trash in the ocean originates from inland waterways, streets, parking lots, and storm drains. SOLV and our partners recognize this “land-sea-connection” and the urgent need to act now to address the growing amount of trash within ocean waters. To combat this issue in Oregon, SOLV is combining its coastal efforts to keep our beaches clean with plans to cut off trash and improve water quality upstream – before it reaches the beach! This statewide event will empower volunteers to take local action to address a very global problem.

Beach and Riverside Cleanup project leaders will receive supplies from SOLV, including rubber gloves and reusable grocery bags for project volunteers, provided by the Oregon Lottery! Any projects scheduled between September 20^th and October 2^nd can be a part of this statewide event, with an emphasis on projects on September 25^th. This year, September 25^th will also be the date of National Public Lands Day, making this a great fit for our partners who manage and/or work on state lands!

WHEN:           Apply for your project to be part of this statewide event by July 14th at http://www.solv.org/programs/forms/form_Brcu_app.asp

WHAT:           Saturday, September 25^th, 2010: SOLV Beach and Riverside Cleanup Presented by the Oregon Lottery includes beach and waterway cleanups and watershed restoration projects throughout Oregon and SW Washington.

HOW:             Time is running out!  If you are interested in partnering with SOLV on this event, please visit http://www.solv.org/programs/forms/form_Brcu_app.asp to register your SOLV Beach & Riverside Cleanup project by July 14^th!

SOLV PROVIDES:

• Signage, brochures, flyers, and posters to help recruit volunteers
• Project Planning Guide and SOLV staff support with the project planning process
• Supplies: Garbage collection bags, first aid kits, work gloves – including rubber gloves provided by the Lottery, sharps containers, stickers
• State-wide event promotion including news releases and media contacts
• Small grants to offset material costs (up to $100) available to a limited number of projects.

YOU PROVIDE:

• Project planning and coordination with local agencies and organizations;
• Day-of activities including sign-in, safety instructions, and disposal;
• Local volunteer recruitment;
• Local distribution of brochures, flyers, posters and news releases.

For more information and questions about registering a project contact:

Diana Bartlett | SOLV Program Coordinator

Tel: 503-844-9571 ext. 336 or 1-800-333-SOLV (Toll Free in Oregon)

5193 NE Elam Young Pkwy, Suite B

Hillsboro, Oregon 97124

www.solv.org

To unsubscribe from future emails from SOLV please reply to this email with the word “unsubscribe” in the subject line.

Portland-Milwaukie Light Rail Project Citizens Advisory Committee meeting slated!

The next meeting of the Portland-Milwaukie Light Rail Project Citizens Advisory Committee is Thursday June 17, from 6 to 7:30 p.m. The public is invited to attend. Location: St. Philip Neri Parish, Carvlin Hall, 2408 SE 16th Ave, Portland. More

Mayor Sam Adams releases police policy on GLTB treatment

 Dear Portlanders,  

This morning, Police Chief Mike Reese and I announced new policies and procedures in the Portland Police Bureau, and a new partnership between the City and the Lesbian Gay Bisexual Transgender and Queer (LGBTQ) community to improve safety and build better communications between the LGBTQ community and the Police Bureau, particularly in advance of Pride 2010 celebrations in Portland.

Bias crime in our community, against anyone, is unacceptable. The changes we are announcing today reflect a smart and holistic approach to peacekeeping. I want to thank the committed and engaged members of the community who participated in the constructive community dialogue that led to these changes and for stepping up to help keep Portland safe for all residents and visitors.

Following a number of reported bias crimes over the past few weeks, trends and needs have been identified and in cooperation with the LGBTQ community, the Police Bureau is enacting several changes to ensure the needs of the community are being met. The Bureau will focus on three areas that were consistently heard from LGBTQ individuals as crucial for improvement: Prevention, Communication and Community Relations, and Reporting.

The Police Bureau will implement the following:

• Additional Training for Officers: Central Precinct officers who are assigned to the Entertainment District or patrol near LGBTQ-specific bars downtown will undergo additional training. This training recognizes that officers may have little experience responding to a bias crime and might be unfamiliar with the complexities associated with them.
• Improvements in Relationships: A need for officers to be more accessible in the future has also been acknowledged. In addition to a previously implemented rule, requiring officers to carry business cards, the Central Precinct Entertainment District detail will conduct enhanced patrols at bars and entertainment establishments that are specific to the LGBTQ community and will become more familiar with owners and patrons with the goal of improving relationships and reducing the fear of crime in the LGBTQ community.
• Victim Advocates: Community members identified several barriers to reporting bias crimes and reporting is crucial to police officers’ ability to investigate and prosecute alleged criminals. The Bureau will work with the Q Center on establishing victim advocates—community volunteers from the LGBTQ community who will work with investigators when responding to bias and hate crimes to ease the process for victims. This is modeled after current Bureau domestic violence and sexual assault victim advocate programs.
• Q Patrol: Several individuals expressed a desire to be involved in increasing safety in their community. The Bureau is working with the Office of Neighborhood Involvement (ONI) and the Q Center on establishing foot patrols or “Q Patrol” in specified areas. Community members who are interested in volunteering are asked to contact the Q Center at (503) 234-7837.

“Though I am appalled at the bias crimes that have occurred, the one positive outcome of it is the honest and frank discussions we had with the LGBTQ community,” said Chief Reese. “The Bureau’s Sexual Minorities Roundtable is one of the oldest Bureau advisory groups and we are grateful to them for their long-standing partnership. We also want to thank the Q Center for stepping forward to assist us with their ideas and support.”

These changes are especially timely in advance of next week’s Pride week and Central Precinct officers will be conducting enhanced enforcement during that time. We are taking the necessary steps to foster a safe and fun environment for Pride 2010 because everyone deserves to have a positive experience.

I look forward to the continued positive change happening in the Police Bureau and to building an even stronger community.

Sincerely,

Sam Adams
Mayor
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Information courtesy of The City of Portland

Check in with Trimet about the street car!

http://trimet.org/pm/getinvolved/index.htm

Please join staff from the Trolley Trail and the Portland-Milwaukie Light Rail projects June 24 to discuss how the two project are working together. More

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122nd Avenue Pilot Project Media Release c/o Eden Dabbs, BPS

For immediate release May 24, 2010 MEDIA ADVISORY CONTACT: Eden Dabbs Bureau of Planning and Sustainability 503-823-9908 eden.dabbs@portlandoregon.gov SE 122nd Avenue Pilot Project Holds Upcoming Community Workshop Public invited to learn and comment on safety issues, locating businesses and services, new housing design and creating a more healthy and sustainable neighborhood WHAT: A public workshop to discuss preliminary recommendations for the SE 122nd Avenue Pilot Project. Join us to review what we’ve heard from the community and let us know what you think about the preliminary recommendations for: Getting around more safely and conveniently Location of community businesses and services Improving the design of new housing Creating a more health and sustainable neighborhood WHEN: Thursday, May 27, 2010, 7:00 – 9:00 p.m. WHERE: Ron Russell Middle School, 3955 SE 112th Avenue (Bus Route 17 Holgate) WHO: Residents, businesspeople, and other interested in the SE 122nd Avenue area are invited to join staff from the Bureau of Planning and Sustainability in this informative and interactive workshop. WHY: The SE 122nd Pilot Project is exploring ways to create a more viable, sustainable and healthy SE 122nd Avenue corridor in the future. The study focuses on the areas along and near SE 122nd Avenue between SE Division Street and SE Foster Road. The results of the project will inform the larger Portland Plan the City’s long-range plan for the next 25 years. For more information, contact Julia Gisler at 503-823-7624 or visit the website at: www.portlandonline.com/bps/se122study. About the City of Portland Bureau of Planning and Sustainability The City of Portland Bureau of Planning and Sustainability (BPS) promotes integrated land use planning and development based on sustainability principles and practices. BPS also develops and implements policies and programs that provide environmental, economic and social benefits to residents, businesses and government, which strengthen Portland’s position as an international model of sustainable practices and commerce. www.portlandonline.com/bps

From the Attorney General’s office -a position on drug control and treatment

OFFICE OF THE ATTORNEY GENERAL  

May 10, 2010

Dear Kathryn, When I ran for Attorney General, I called for a major improvement in the state’s alcohol and drug prevention and treatment programs. This issue is a major priority for me because substance abuse in Oregon causes crime, fuels child abuse, damages public health, destroys families, drives up state and local budget deficits, and limits economic productivity.   During the 2009 session, I asked the Legislature to create a state Alcohol and Drug Policy Commission to research and propose these reforms. As Chair of the Commission I am pleased to announce that we have just submitted our first report to Governor Kulongoski.   The report calls for:  The creation of a new state director of alcohol and drug policy to coordinate our currently fractured efforts and set clear priorities;  The creation of a first-rate substance abuse prevention program to keep our kids off drugs and alcohol; Significant changes to delivery of drug treatment services in light of the national health care reform legislation; and The implementation of a standardized reporting system to measure program performance and ensure that taxpayer dollars are spent wisely.    I am convinced Oregon can do better. If you agree, please take a moment to read this report. Creating a first-class prevention and recovery system will not occur overnight. It will take strong, consistent effort over many years. However, if our efforts succeed, we will see three important results: Less crime, state budget savings, and decreased human suffering. If you have comments or questions please do not hesitate to contact my office at attorneygeneral@doj.state.or.us.

Sincerely, JOHN R. KROGER Attorney General of Oregon

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