In order to comply with Oregon Law, and to provide accurate records, there are several forms that are to be completed when the applicant is accepted to become a resident in the community. These forms should be completed after you have reviewed the resident's application, and completed all background checks and tenant screening, but before the resident moves into their home.
Copies of the following forms should be given to the new resident:
- Copy of signed Rental Application
- Copy of signed Rental Agreement signed by both manager and new resident
- Copy of Park "Rules and Regulations" signed by the new resident
- Copy RV Storage Agreement if applicable.
- Copy of Pet Agreement if applicable
- Copy of "Statement of Policy" signed by the new resident
- Copy of Receipt of Statement of Policy
- Copy of Rental History Addendum to Statement of Policy
- Flood Plain Notice
The following documents should be in the new resident's office file:
- Signed "Reciept of Statement of Policy" (signed before signing rental agreement)
- Signed Rental Application
- Signed Rental Agreement (signed by both manager and new resident)
- Park "Rules and Regulations" signed by the new resident
- Statement of Policy signed by the new resident
- Rental History Addendum to Statement of Policy
- Emergency Contact Information
- RV Storage Agreement (if applicable)
- Pet Agreement (if applicable) signed by the new resident
- A copy of criminal, credit and rental checks. Remember, credit check results are confidential
- Age verification (if 55 and Older Community)
- Flood Plain Notice
Remember – Prior to renting a space and permitting possession, you must have all proper inquiries completed and applicant accepted and the rental agreement signed.
If you are aware of a sale and do not have the purchaser fill out an application, or fail to advise the seller and prospective purchaser in writing that the application has been rejected within 7 days after they fill out the application, then the purchaser can move into the mobile home under the same condition of the rental agreement of the seller. Basically, they assume the existing rental agreement you have with the seller of the manufactured home.
If a prospective tenant refuses to provide you with the necessary information for you to qualify them, then it is an automatic denial of the applicant.
It is important that an application is filled out and you check out the person carefully. You should check them out the same as you do any prospective resident. You do not have to approve the person just because they are buying an existing home in the park. If they have a bad credit or rental history, they can be refused as a prospective tenant. This does not necessarily kill the sale of the mobile home. They can still purchase the home, they just cannot keep it in the park. You need to provide a written rejection to both the seller and prospective purchaser within 7 days. You need to advise them why they were not accepted. If you denied them for credit reasons, give the applicant the name and phone number of the company who provided you with the report. Advise the applicant that they can call them if they have any questions regarding the report.
It is important that you advise anyone that has a "For Sale" sign on their manufactured home that they do the three things listed at the beginning of this section. Failure by the prospective resident to fill out an application or the landlord's failure to advise them that they do not qualify can be a very costly mistake in the event they move in and then you give them notice. It makes for ill feelings for everyone involved.
If a resident sells their home and the new owner of the home has not filled out an application prior to moving into the home, you do not need to accept them as a resident. You have no contract with them and you can request them to remove the home from the park. DO NOT ALLOW PROSPECTIVE TENANTS TO MOVE IN BEFORE THE SCREENING PROCESS HAS BEEN COMPLETED, AND THE APPLICANT HAS BEEN APPROVED AND SIGNED, AND RECEIPTED FOR THE STATEMENT OF POLICY, RULES AND REGULATIONS AND RENTAL AGREEMENT. DO NOT ACCEPT RENT FROM ANYONE THAT YOU HAVE NOT APPROVED TO LIVE IN THAT HOME. If you accept rent before you qualify them then you may have established them as a tenant. Simply tell them that you cannot accept the rent until they fill out an application and are accepted by the landlord. DO NOT HAVE ANYONE SIGN A RENTAL AGREEMENT UNTIL YOU HAVE RUN CREDIT, RENTAL AND CRIMINAL CHECKS ON THEM AND THEY HAVE BEEN ACCEPTED. If any of the reports come back unfavorable there is nothing you can do about it because you have established them as a tenant by signing the agreement/lease.
Once you have determined that an individual is qualified to live in the community and all the proper documentation has been explained and signed, you should consider a meeting with the new resident. Use the Park Rules & Regulations as a briefing tool. The conversation should not be a "laying down of the law", but rather an open discussion of what is expected of both the new resident and community management. New residents may not know their responsibilities (despite signing numerous documents outlining their rights/responsibilities), thus it is your responsibility to clarify and remind them of their responsibilities. Be sure your new resident understands such things as:
- Rent is due on the first of each month:
- If rent is paid after the 5th day, the residents will be faced with a late fee.
- If not paid by the 8th day, the resident will receive a 72-hour notice.
- Residents must give 30 days written notice to vacate space or they intend to sell their manufactured home.
- Help your new resident be a good neighbor. Be sure that he/she is informed about:
- Quiet hours
- Pet Control
- Laundry room/Recreation room hours
- Swimming pool hours
- Review Rules and Regulation and remind the new resident that they are strictly enforced.
Statement of Policy – Complying with the Truth in Renting Act
As of July 1, 1992, all manufactured home communities renting space for manufactured dwellings have been required to provide prospective and existing tenants with a Statement of Policy. The applicants must receive their Statement of Policy before signing the rental agreement. Existing tenants who have not previously received a copy of the Statement of Policy and are on month-to-month rental agreements must receive their copy at the time the next 90-day rent increases notice is issued (ORS 90.510(3)(b). All other existing tenants shall receive a copy of the statement of policy upon expiration of their current rental agreement and before signing a new agreement.
While a Statement of Policy is not technically a contract, it is an important document. A tenant or rental applicant who makes their decisions or changes their position in reliance upon the policies set forth in the statement may be entitled to hold the landlord to those written policies. As proof of delivery of the Statement of Policy to tenants or applicants, it is advised to get a signed receipt.
A landlord who intentionally and deliberately fails to provide a Statement of Policy as required by ORS 90.510, or delivers a legally defective one, may be subject to a lawsuit.
The Statement of Policy is required to include the following information in summary form:
- The location and approximate size of the space to be rented.
- The federal fair housing age classification and present zoning that affect the use of the rented space.
- The facility policy regarding rent adjustment and a rent history for the space to be rented. The rent history must, at a minimum, show the rent amounts on January 1 of each of the five preceding calendar years or during the length of the landlord's ownership, leasing or subleasing of the facility, whichever period is shorter.
- All personal property, services and facilities to be provided by the landlord.
- All installation charges imposed by the landlord and installation fees imposed by government agencies.
- The facility policy regarding rental agreement termination including but not limited to closure of the facility.
- The facility policy regarding facility sale.
- The facility policy regarding informal dispute resolution.
- Utilities and services available, the person furnishing them and the person responsible for payment.
- If a tenants' association exists for the facility, a one-page summary about the tenants' association that shall be provided to the landlord by the tenants' association and shall be attached to the statement of policy.
- Any facility policy regarding the removal of a manufactured dwelling, including a statement that removal may impact the market value of a dwelling.
Before any tenant moves into your community the tenant's file should contain the following information:
- Completed Application
- Signed Rental Agreement. (Resident is to receive a copy)
- Signed Rules and Regulations (Resident is to receive a copy)
- Signed Statement of Policy including Rent History Addendum. (Tenant is to have received a copy of the Statement of Policy prior to signing rental agreement.)
- Copy of Homeowner's insurance policy with community named as an interested party (for the purpose of being notified of cancellation of insurance. (This is for pets only.)
- Credit check results
- Rental check results
- Criminal check results
- Application screening fee receipt
- Pet Agreement – Identify type of pet, name, size. You might consider taking a picture of the pet to include in your file in case you need to identify the pet in the future. Resident must sign the pet agreement. (Resident is to receive a copy)
- Proof of Age if 55 and older community (photo ID, driver's license)
- RV Storage Agreement. Identify type of RV (i.e. boat, camper, trailer, etc.) and include license number and description of recreational vehicle. (Resident is to receive a copy)
- Any and all notices/correspondence between landlord/manager and resident