Answer: This is a new one. The Oregon landlord tenant law does not expressly address this specific issue. The closest it comes are the following laws:
1. ORS 90.755 Right to speak on political issues; limitations; placement of political signs:
Question: A home was purchased by a local dealer from a resident who had not paid rent for several months. The dealer then sold the home to another person who applied for tenancy and passed the screening criteria. The landlord wants the past due rent ($900) paid before permitting applicant to move into the home. Can the landlord go after the dealer to pay the past due rent?
Answer: Not in my opinion. The temporary occupant agreement concept is that the person is not going to be a “co-renter”. They are being permitted to come onto the space as an accommodation by the landlord to the current resident who wants them there.
By Kris Monte - President Blackhawk Capital Group
E-mail: kmonte@bhcapitalgroup.com
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?
Answer: First, please understand that Oregon law does not directly deal with this – and neither is it addressed in most rental/lease agreements, including MHCO’s. So my responses are based upon my opinion alone. Until an appellate court rules on these issues – which is unlikely, since most such cases are never appealed - the best we can do is speculate. My answers are in italics below.
Question: We just acquired a manufactured home in our community. I would rather sell it to a new tenant, but would consider renting it out or doing a rent-to-own. If I pursue rent-to-own option, will I be subject to the new SAFE Act?
Question: A resident living alone passed away. It took some time for the estate to get underway because they had to search for heirs. An heir was located and was appointed as Administrator to act on behalf of the estate.
Question: We have had to file two consecutive FED Complaints against a resident. The day before the first appearance for each case, the resident tender the rent that was due, although he do not pay the court fees of $115.00. After two months of this, he owes us $230.00. He promises to repay this amount but does not. Now rent is due for January, 2012.
Answer: Per the Oregon Department of Community and Business Services, “…there is definitely no license for that.”