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About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (Jan. 31, 2020)
PAGE A2, KEIZERTIMES, JANUARY 31, 2020 Long-term leases are shopped around, again By ERIC A. HOWALD Of the Keizertimes The California-based own- er of several Keizer and Salem area manufactured home parks is, again, urging existing resi- dents to sign long-term leases. A fl yer distributed to res- idents of Wildwood Villa in north Keizer pitches the long- term leases as a way to take advantage of a lower 4 percent rent increase this May. However, language in the long term leases given to resi- dents in 2019, and reviewed by Keizertimes, offer no guarantee of a minimized rate increase and even the language of the fl yer is not as straightforward as it might appear. The fl yer states that “base rent increases will be 4 percent instead of the average market increase of 6 percent to 10.3 percent, as allowed by the Ore- gon Senate Bill-608.” SB-608 caps rate increases at 7 percent plus the infl ation based on Consumer Price In- dex for Western States, but it does not mandate an increase. The overall cap also decreased to 9.9 percent Jan. 1. The last contract Keizertimes reviewed also stated, “In no event shall the annual increase in the rent be less than 4 per- cent.” The fl yer invites residents to come by the Wildwood Villa main offi ce to learn about im- pacts to utilities, rental increases and capital improvements. Keizertimes spoke with Attorney Matthew G. Shep- herd of Salem last year when the paper was reviewing the MANUFACTURED MANUF NUFACT CTURE then-recent draft of the long- term lease. “You shouldn’t sign it,” Shepherd said. Shepherd ad- vised residents of a Salem man- ufactured home park when they brought him copies of a contract being offered at their park. The long-term contracts attempts to put homeowners within the park on the hook for capital improvements, such as road and sidewalk mainte- nance as well as maintenance and replacement of carports. Shepherd believes such clauses are against the law in Oregon, but it hasn’t yet been tested in court. Subme- ters for individual lots are the only capital expenses that can be passed along to individual homeowners in Oregon. Even if residents sign such leases, they are not binding and can be canceled with a 30-day notice. The greater threat, said Shepherd, is if all residents sign the contract agreeing to such provisions. A mix of leg- acy tenants and new arrivals in manufactured home parks means homeowners are op- erating under different lease terms. “Unless you have uniform leases, how do we know what each owner is responsible for,” Shepherd said. A uniform contract gives property owners more weight in court and moving the nee- dle in that direction is what some residents suspect is hap- pening. “Trial court judges general- ly don’t want to get into these issues and, if there’s a long- term lease, they might hold the tenants to the signed contract,” Shepherd said. Another challenge is that by signing a fi xed-term agree- ment, resident homeowners are also subjecting themselves to a different leasing terms down the line. “A month-to-month agree- ment renews automatically. A landlord can send a new agreement, but tenants can’t be evicted if they don’t sign it,” Shepherd said. “If [proper- ty owners] have a fi xed term agreement, they can force an- other new agreement on you.” traffi c court SUNDAY, JAN. 19 1:15 a.m. - Motor vehicle theft in the 700 block of Apple Blossom Avenue NE. 2:31 a.m. - Arrest for driving under the infl uence of intox- icants at the intersection of River Road N. and Menlo Drive N. 5:46 a.m. - Burglary in the 4000 block of Cherry Avenue NE. 9:30 a.m. - Theft in the 6000 block of Keizer Station Bou- levard NE. 10 a.m. - Arrest for assault in the 1000 block of Willow Lake Road N. 10:40 a.m. - Traffi c accident in the 4000 block of Verda Lane NE. 11:30 a.m. - Motor vehicle theft in the 1000 block of Su- san Court NE. 2:08 p.m. - Theft in the 300 block of Chemawa Road N. 6:40 p.m. - Telephonic harass- ment in the 100 block of Gar- land Way N. MONDAY, JAN. 20 4:40 a.m. - Motor vehicle theft in the 4000 block of Cherry Avenue NE. 8:58 a.m. - Counterfeit cur- rency, unlawful possession of methamphetamine, felon in possesion of weapon, theft and unlawful possession of a fi re- arm at the intersection of Riv- er Road N. and Stark Street N. 7:30 p.m. - Motor vehicle theft in the 2000 block of Kennedy Circle NE. TUESDAY, JAN. 21 12 a.m. - Vandalism in the 900 block of Chemawa Road NE. 7:26 a.m. - Traffi c accident in the 5000 block of McLeod Lane NE. 8:21 a.m. - Minor in posses- sion of prohibited substances in the 500 block of Chemawa Road N. 11 a.m. - Failure to perform duties of driver when property was damaged in the 500 block of Chemawa Road N. 12:45 p.m. - Traffi c accident in the 3000 block of Brooks Av- enue NE. 4:42 p.m. - Motor vehicle theft in the 6000 block of Keizer Station Boulevard WEDNESDAY, JAN. 22 12:17 a.m. - Aggravated ha- rassment and shoplifi tng in the 4000 block of River Road N. 11:03 a.m. - Motor vehicle theft in the 3000 block of Riv- er Road N. 11:08 a.m. - Shoplifting in the 4000 block of River Road N. 11:18 a.m. - Disorderly con- duct in the 500 block of Che- mawa Road N. 11:45 a.m. - Motor vehicle theft in the 3000 block of Riv- er Road N. 1:07 p.m. - Burglary and crim- inal mischief in the 3000 block of River Road N. 3:47 p.m. - Motor vehicle theft in the 4000 block of Ar- nold Street NE. 8:30 p.m. - Theft in the 1000 block of Lockhaven Drive NE. THURSDAY, JAN. 23 4:24 a.m. - Criminal trespass- ing in the 5000 block of River Road N. 10:25 a.m. - Stalking order vi- olation in the 3000 block of River Road N. 10:43 a.m. - Identity theft, mail theft and theft in the 200 block of Sandy Drive N. 7:35 p.m. - Criminal trespass- ing in the 4000 block of River Road N. 8:30 p.m. - Motor vehicle theft in the 4000 block of Noon Avenue NE. 10:05 p.m. - Criminal trespass- ing in the 4000 block of River Road N. FRIDAY, JAN. 24 1:07 a.m. - Unlawful entry to vehicle in the 1000 block of Troy Street NE. 12:31 p.m. - Traffi c accident at the intersection of River Road N. and Cummings Lane N. 5 p.m. - Theft from motor vehicle in the 6000 block of Keizer Station Boulevard NE. 9:33 p.m. - Disorderly conduct in the 6000 block of Keizer Station Boulevard NE. SATURDAY, JAN. 25 9:16 a.m. - Warrant served, disorderly conduct, unlawful possession of methamphet- amine, hinder prosecution and interfering with a peace offi - cer in the 4000 block of Crater Avenue N. 4:05 p.m. - Bicycle theft in the 4000 block of Bailey Road NE. 4:42 p.m. - Unlawful posses- sion of methamphetamine and parole violation in the 800 block of Chemawa Road NE. 5 p.m. - Motor vehicle theft in the 1000 block of Clearview Avenue NE. 10:07 p.m. - Vandalism in the 6000 block of Jacobe Street NE. SUNDAY, JAN. 26 1:51 a.m. - Fleeing or attempt- ing to elude a police offi cer at the intersection of River Road N. and Stark Street N. 5:17 p.m. - Vandalism and theft from motor vehicle in the 1000 block of Chemawa Road N. FOLLOW THE KEIZERTIMES ON: First Choice Orthopedic Care Comprehensive Total Joint Program hip, knee & shoulder ARTHROSCOPY acute fractures CARPAL TUNNEL Dr. David Thorsett, left, is a board-certifi ed orthopedic surgeon. 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