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Mark L. Busch

Mark Busch RV Q&A: Accommodate Pit Bulls?

Mark Busch Questions and Answers
Mark L. Busch

Answer: First off, every "reasonable accommodation" case is different, so I strongly recommend that you consult an attorney on your particular case.

As a general matter, HUD has said that landlords must allow emotional support animals if (1) the tenant has a disability, and (2) the tenant documents that an assistance animal is necessary to help alleviate the disability.

Mark Busch Q&A: To Tow or Not to Tow

Mark Busch Questions and Answers
Mark L. Busch

Answer: ORS 90.485 specifically allows landlords to have a vehicle towed if it: (a) Blocks or prevents access by emergency vehicles; (b) Blocks or prevents entry to the premises; (c) Violates a prominently posted parking prohibition; (d) Blocks or is unlawfully parked in a space reserved for persons with disabilities; (e) Is parked in an area not intended for motor vehicles including, but

Mark Busch Q&A: We don't Want Marijuana In Our RV Park

Mark Busch Questions and Answers
Mark L. Busch

Answer: Your park is private property and you may legally prohibit the use of all marijuana based on federal law, which still makes marijuana illegal. In addition, Oregon's new marijuana law (Measure 91) specifically includes a provision prohibiting its application to any state or federal law pertaining to landlord-tenant matters.

Mark Busch Q&A: My RV Tenant Owes Me Money!

Mark Busch Questions and Answers
Mark L. Busch

Answer: If the rent is past-due for the current month, the answer is a 72-hour rent nonpayment notice. Assuming the notice is properly prepared and served, the tenant has until the deadline in the notice to pay the rent in full. If the tenant doesn'tpay, you can file an eviction case. But even after you file an eviction, there is no guarantee that you'll get paid.

Mark Busch Q&A: RVs: RV Rental Agreements

Mark Busch Questions and Answers
Mark L. Busch

Answer: Yes, there are a few new laws plus a few new twists on existing laws. In a shameless plug, I encourage all park owners renting RV spaces to attend my RV Law Seminar at the MHCO Annual Convention. The RV seminar is on Monday, October 20th at 3:30.

Liability Insurance

Mark Busch Q&A: What's New In RV Law?

Mark Busch Questions and Answers
Mark L. Busch

On July 26, 1990, President Bush signed into law the Americans with Disabilities Act ("ADA"), The Americans with Disabilities Act Accessibility Guidelines (the "1991 Regulations") were shortly thereafter developed to guide new construction and alterations undertaken by covered entities and established the minimum requirements for "accessibility" for disabled persons in buildings and facilities

Mark Busch Q&A: RVs: Can I Rent to RVers

Mark Busch Questions and Answers
Mark L. Busch

The SAFE Act has received a lot of attention lately by park owners, but did you know that it's really only one law of many state and federal lending regulations you are required to comply with when selling homes on contract?

Mark Busch RV Q&A: Do I Need a Security Guard?

Mark Busch Questions and Answers
Mark L. Busch

Answer: No, the park should definitely not use a regular manufactured home rental agreement for RVs. By doing so, the park might inadvertently give the RV tenants more rights than they are otherwise entitled to under Oregon's Landlord-Tenant Laws.

Mark Busch Q&A: RVs: Clean It Up!

Mark Busch Questions and Answers
Mark L. Busch

The short answer to your first question is "no," you do not have to give the long-time tenant the same 30-day notice as required for mobile home tenants. That notice under ORS 90.632 is only for mobile home tenants, not RVs. Since RVs are not "manufactured dwellings," you have some better options available.