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Check our blog on tips on how to keep your property in the best condition, dealing with renters and rental tips on how to get the most out of rental experience.

 

By newfoundati62117993, May 24 2017 10:16PM

HOUSE BILL 2004-A "Do you really Control your Property in Oregon?"

Oregon Legislation is trying to pass a new House Bill of which in Summary prohibits landlords from termination month to month tenancy without cause. This will only allow landlords to terminate a month to month tenancy without cause under certain issues and/or if a landlord provides a tenant with relocation assistance that is equal to 3 months’ rent. This will also require a Landlord to provide 90 days’ written notice for tenancy renewal or termaition under certain circumstances and will permit a tenant to renew a rental agreement if the landlord did not invoke exception or terminate for cause.

It is imperative Landlords/ Homeowners and Property Managers contact their Senators and Vote “NO” to the House Bill 2004-A.

By newfoundati62117993, Mar 11 2017 03:10AM

I recently read a great article regarding Trees/ Fences and Neighbors as I had an owner ask me:

"My neighbor has a tree on their property, however the roots are coming under OUR fence line causing damage to the fence that divides us (shared expense as neighbors). Is there anything I can do as I asked my neighbor if they are willing to remove the tree and/or repair the fence and my neighbor is not willing to cooperate?"

The article I found was one from Austin, Texas Board of Realtors that stated:

This post was previously published as an article in Austin REALTOR® magazine.

Who owns a tree?

The person who owns the land on which the trunk of the tree stands. If the trunk straddles a property line, both land owners can claim an ownership interest.

What right does a property owner have to trim a tree that belongs to a neighbor but has limbs or roots which overhang or grow onto an adjacent lot?

A property owner has the right to trim branches and roots that encroach onto her property from a tree belonging to a neighbor, but must exercise caution when trimming a tree or its roots. The following general rules apply to trimming a tree:

The tree can only be trimmed to the property line.

There is no right to trespass onto a neighbor’s property to trim a tree unless the limbs threaten to cause immediate and irreparable harm.

The tree cannot be cut down or otherwise destroyed to eliminate the problem. It can only be trimmed back.

The expense of the trimming is borne by the party doing the trimming

What rights does the owner of a tree have when the tree is damaged or destroyed by a neighbor?

If a neighbor goes too far and trims the tree further back than the property line or if a neighbor cuts down or otherwise damages a tree on adjacent property, the neighbor damaging the tree can be liable for damages. For instance, if a landowner applies a chemical on his property to kill the roots of a tree that encroaches onto his property and the chemical seeps into the soil and kills the tree on the neighboring property, the landowner applying the chemical can be liable for damages.

Does it make any difference if a tree is dead or dying and creates an imminent danger to life or property?

Unsound trees that are a threat to neighboring property owners do not have the same protection as a sound, healthy tree. If the danger is immediate, the general rule is that an adjacent property owner can take reasonable action, including removal of the tree, to prevent damage to his property. There are few, if any, court cases in Texas recognizing this, but I believe a landowner is justified in taking reasonable action to protect life or property.

If the limbs of a healthy tree overhang the roof of a neighbor’s property, is the owner of the tree under a duty to trim the tree back to protect the roof of the neighbor?

No, the tree owner does not have a duty to trim the tree. The adjacent landowner has the right to trim the tree back to the property line to protect his property and should exercise this right.

Is an adjoining landowner liable for damage to property caused by tree limbs or roots from a tree located on the adjoining landowner’s property?

At least one Texas court has said no, asuming the tree was healthy. A large tree located entirely on an adjoining lot grew into two large branches one of which overhung the house on the neighboring lot. A 90 mile per hour wind caused the overhanging portion of the tree to fall on the neighbor’s house, severely damaging it. The owner of the damaged house sued his neighbor for negligence in allowing the tree to overhang his house, alleging that the tree owner was negligent in allowing it to overhang the neighboring property and also alleging nuisance and trespass. The court dismissed the negligence allegation and said that trespass and nuisance required an intentional act by the neighbor. Since the neighbor did not intentionally cause the tree to overhang the neighbor’s house, the court held that the tree owner was not liable for damages.

Fences, or the lack of a fence, can also cause problems between neighbors. Rural and urban fence issues vary substantially. Since most of us now live in urban areas, I will limit this discussion to issues commonly faced by urban landowners related to boundary line fences. A boundary line fence is a fence that is located on the property line between two properties and is used by both property owners.

Most fence disputes arise over one of three issues:

Fence boundaries

Maintenance of existing fences

Replacement of an old fence

Who owns a fence?

Unless the parties agree otherwise, a fence located on the boundary line between neighboring properties is owned by both property owners when both owners are using the fence. Neither may remove the fence without permission of the other owner.

Determining when a neighboring property owner is “using” a fence is critical. Generally, a property owner is deemed to be using a boundary fence when the neighbor’s entire yard is fenced on all sides. For example, if a neighbor has fenced only three sides of his property, he is not “using” the boundary fence to enclose his yard.

Who is responsible for maintaining a boundary fence?

The property owners who use the fence are responsible for maintaining it, unless the parties have agreed otherwise. The law places responsibility on both parties because both benefit from the fence. Consequently, when a fence needs repair, both property owners must share the cost.

Can neighbors enter into fence agreements?

If neighbors do not want to share ownership of a boundary fence, they can enter into an agreement stating other arrangements. For instance, two property owners could agree that a fence is owned by only one of them or that they will share ownership unequally. This is sometimes done with a wood privacy fence. The owner with the “smooth” side of the fence might agree to pay 60% of the cost with the other owner who has the less attractive side paying 40%.

In reality, if one owner puts up a fence, he usually considers it his fence, maintains it, and does not want his neighbor interfering in his business. When purchasing a residence, it is often difficult to impossible to determine who actually owns a fence and the respective duties and obligations of the adjoining property owners.

What should you do if your neighbor builds a fence on your property?

As soon as you become aware that the fence is on your property, ask your neighbor to stop building until you can both determine where the property line is located and where the fence should be constructed.

By newfoundati62117993, Mar 3 2017 05:53AM

Using a Property Management Company can put your mind at ease that your current or future investment are maintained with Owners Fiduciary Interest. Many landlords do not understand the Landlord/Tenant Laws; however, a Licensed Property Manager should be educated in this realm, assuming your property manager follows through with their continuing education as the Laws change. One never knows what may occur; you may have the best tenant in the world that notifies the Landlord of any maintenance issues, pays on time and complies with the signed rental contract. Yet, the reality is some tenants go through a tragic life event for whichever reasons resulting in having such tenant(s) sneaking in pets, additional occupants, doesn't report maintenance issues, develops a detrimental habit of drugs or alcohol and /or fails to pay their rent.

Having a Property Manager will help assist in handling such issues as we send letters of non comliance and/or filing an eviction, if applicable. Such costs associated with New Foundations Property Mgt's time is paid by the monthly management fee. Ideally such would be found by doing interior inspections and a follow through if a non compliance action was discovered. However, sometims this is not always the case and the Property Manager may need to seek legal action. New Foundations Property Mgt time is paid by your Management fee with no additional costs other than court costs are not included, however the original filing fee with Jackson County is $79.00 and Service Fees are $35.00.(As of 3/2/17).

New Foundations Property Management is doing our best to alleviate the possible headaches, late night calls and/or upset neighbors or tenants.

In some cases, managing your own rental can come with the emotional attachment to your home and it becomes convoluted distinguishing it as a business versus personal. Having third party involvement (Property Manager) keeps it as a business relationship and helps mediate any landlord/ tenant disputes without any emotional attachments/ yet the assurance to Owners that New Foundations Property Management has your best fiduciary interest.

In addition, Management fees can be a write off on your taxes (please confirm with your tax accountant). New Foundations Property Mgt will break the finances down at the end of the year and send you a breakdown of rental income verses the monthly expenses for your accountant. We do inspections and run background checks to assure your investment is being handled accordingly.

New Foundations PM is a local, smaller company and you deal with the same staff that knows exactly what is going on with your home. We know who are clients and tenants are and keep a personal, yet professional relationship. Our clients are generally pleased with our expertise and know they can at any time email, text or call with questions. Our goal is to make your landlord experience stress free but generate income.

We do exterior inspections at least once a month and an interior inspection within the first 90 days of tenant move in to assure that the tenants are within compliance per the signed contractural agreement. A background check is completed for everyone over the age of 18 of which the applicant will pay for. The background check will consist of credit score, criminal history, social trace, job history and different names associated with the social security number.

We collect rent in a timely manner and if not received by the 4th at midnight, we will issue 72 hour notices and proceed with legal action if needed. A common mistake is that landlords will issue a 72 hour notice prior to the 8th day of the month allowing the tenant an additional month, as landlords can only issue one 72 Hour Notice to Pay or Quit per month.

All calls are returned with 24 hours regardless of weekends or holidays; however, if it is maintenance emergency; that is addressed immediately. Our tenants and owners have our personal cell phone numbers for such emergencies. (Note...if we return a call and a voice mail is not set up, we will do our best to call back or follow up with a text).

Bottom line; New Foundations Property Mgt is professional and knowledgable, coupled with a personal touch to keep a smooth transaction and open communication with both owners and renters. Our goal is to get your place rented with a qualified tenant and manage your investment long term in hopes of minimal stress to my owners.

WE ARE A RELIABLE COMPANY WITH INTEGRIY THAT IS BUILT ON STRONG NEW FOUNDATIONS AND NEW BEGINNINGS.

By newfoundati62117993, Dec 22 2016 08:25PM

In the USA Today Newspaper dated December 21st, 2016 the following was stated:

"Oregon Medford: Census figures show that Jackson County's population hit 200,000 in 2008 and is estimated at 215,000 now, but the housing market isn't keeping up. The number of houses available for sale declines monthly, the median price for existing homes is up and the rental market is tighter than ever".

Very impressed that Medford, Oregon hit national news with our local Real Estate Market.

By newfoundati62117993, Dec 10 2016 03:16AM

This information was obtained from Oregon.gov (Oregon State Police - Oregon Office of State Fire Marshal)

Q. What is a carbon monoxide (CO) alarm?

A. A CO alarm detects CO and produces a distinctive audible alert when CO is detected. It may be a standalone unit or part of an alarm system. (OAR 837-047-0110)

Q. What types of carbon monoxide (CO) alarms are available?

A. CO alarm: Activated by CO, Smoke/CO alarm: Activated by smoke or CO, and Gas or Explosive Gas/CO alarm: Activated by CO, propane, or natural/methane gas. CO alarms must be battery operated or receive their primary power source from the building wiring with a battery back-up. Plug in devices must have a battery back-up. (OAR 837-047-0140)

Q. What is a carbon monoxide (CO) source?

A. A heater, fireplace, appliance (i.e., furnace, dryer, or water heater), or cooking source (i.e., stove, oven) that uses coal, kerosene, petroleum products, wood, or other fuels (i.e., oil or natural gas) that emit CO as a by-product of combustion; or an attached garage with an opening that communicates directly with a living space. (OAR 837-047-0110)

Q. Where do I install carbon monoxide (CO) alarms?*

A. Install CO alarms on each level of your home with bedrooms (sleeping areas).

A CO alarm must be located within each bedroom or within 15 feet outside of each bedroom door. Bedrooms on separate floors in a structure containing two or more stories require separate CO alarms.

All CO alarms must be installed in accordance with the manufacturer's recommended instructions. (OAR 837-047-0130)

* Please note: this is required when selling or renting a home.

Q. Are carbon monoxide (CO) alarms required in bedrooms?

A. No, but it is recommended to install them in the bedrooms and within 15 feet outside of each bedroom door. The law requires a CO alarm in each bedroom or within 15 feet of each bedroom door; however, ductwork from sources often goes directly to bedrooms, bypassing hallways outside of them. (OAR 837-047-0130).

Q. May I replace a hard-wired smoke alarm with a carbon monoxide (CO) and smoke alarm?

A. Yes. You may replace a hardwired smoke alarm with a hardwired with battery back-up CO/smoke alarm

Switching from one manufacturer’s unit to another may require a power adapter plug.

Manufacturers advise adapter plugs may be changed using wire nuts and may require a licensed electrician.

Q. Are carbon monoxide (CO) alarms required on every level?

A. No. They are required on each level with bedrooms (sleeping areas). (OAR 837-047-030)

Q. How do I keep my carbon monoxide (CO) alarm working?

A. Test alarms monthly. CO alarms must be maintained, tested, and batteries replaced according to the manufacturer’s recommended instructions. (OAR 837-047-0150)

Q. What should I do when the carbon monoxide (CO) alarm sounds?

A. Get outside to fresh air and call 9-1-1 or your local emergency number for help. If anyone is experiencing symptoms of CO poisoning, get medical attention immediately.

Carbon Monoxide Alarm Information for Real Estate Agents, Home Sellers, and Home Buyers

Q. Are carbon monoxide (CO) alarms required when selling a home?

A. If a home has a CO source, CO alarms are required before it can be sold. Effective April 1, 2011, sellers of one- and two-family dwellings, manufactured dwellings, or multifamily housing containing a CO source must have one or more properly functioning CO alarms before conveying fee title or transferring possession of a dwelling. (OAR 837-047-0120)

Homes built during or after 2011 require a CO alarm regardless of the presence of a CO source.

Q. Are carbon monoxide alarms required in new home construction or remodels?

A. Yes. The CO alarm requirements for new construction, reconstruction, alteration, and repair are applicable regardless of the presence of a CO source. (Oregon Residential Specialty Code, Carbon Monoxide Alarms)

Q. Can I have battery-operated CO alarms in new construction?

A. Yes. Section R315.4.1 of the 2011 ORSC states “Single station CO alarms shall be battery operated, or may receive their primary power from the building wiring system.” If a homeowner chooses to install the electrical plug-in type, those CO alarms need to have a battery back-up feature.

Carbon Monoxide Alarm Information for Property Management, Landlords, and Tenants

Q. Are carbon monoxide (CO) alarms required in rental dwelling units?

A. If you have a CO source, CO alarms are required in rental dwelling units. Effective April 1, 2011, landlords must provide properly functioning CO alarms for one- and two-family dwelling or multifamily housing containing a CO source. The landlord shall provide a new tenant with alarm testing instructions. If a CO alarm is battery-operated or has a battery-operated backup system, the landlord shall supply working batteries for the alarm at the beginning of a new tenancy. (OAR 837-047-0120, 0160)

Q. What are my obligations as a tenant?

A. A tenant must test, at least once every six months, and replace batteries as needed in any CO alarm provided by the landlord and notify the landlord in writing of any operating deficiencies. (OAR 837-047-0160)

A tenant may not remove or tamper with a CO alarm. Tampering includes removal of working batteries. (OAR 837-047-0170)

Q. What do I do if I am renting and have a CO source, and my landlord has not provided a working CO alarm?

A. A tenant must notify the landlord in writing of any operating deficiencies. (837-047-0160)

If the landlord receives written notice from the tenant of a deficiency in a CO alarm, other than dead batteries, the landlord shall repair or replace the alarm. (ORS 90.317)

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