Unilateral Amendments

Unilateral Amendments to Community Rental and Lease Agreements Recent Oregon Court of Appeals Case

 

ORS 90.510(4) provides:

Every landlord who rents a space for a manufactured dwelling or floating home shall provide a written rental agreement, except as provided by ORS 90.710 (Causes of action)(2)(d). The agreement must be signed by the landlord and tenant and may not be unilaterally amended by one of the parties to the contract except by:

 

  1. Mutual agreement of the parties;

 

  1. Actions taken pursuant to ORS 90.530 (Pets in facilities)90.533 (Conversion of billing method for garbage collection and disposal)90.537 (Conversion of billing method for utility or service charges)90.543 (Utility or service charge billing for large manufactured dwelling parks) (3), 90.600 (Increases in rent)90.725 (Landlord or agent access to rented space) (3)(f) and (7) or 90.727 (Maintenance of trees in rented spaces); or

 

  1. Those provisions required by changes in statute or ordinance. (Emphasis added.)

 

In a recent Oregon Court of Appeals case, the full impact of these “unilateral” amendment provisions became the subject of scrutiny that (unless appealed and overturned by the Oregon Supreme Court) should serve as a cautionary warning for park owners and managers.