Answer: I cannot find any law precisely on point, so will have to "reason by analogy." For purposes of answering the question, I will assume that the payor and the payee both have an Oregon manufactured structures dealer's ("MSD") license. However, that license only permits one to conduct business from a single location.
Answer: Since the tenant does not own the home, the answer is found on the general landlord-tenant side of ORS Chapter 90 (as opposed to the manufactured housing side).
Answer: This situation is not directly addressed in the Oregon manufactured housing laws. First, some general observations: The manufactured housing side of the landlord-tenant law regards the “space” as the “premises.” For example, a resident in an apartment may not, without landlord permission, intentionally make major structural changes to the interior of the premises.
Answer: A temporary occupant is not supposed to be paying the rent. You are not allowed to screen for the occupant’s ability to pay, because they are not a tenant. Your acceptance of rent from the occupant creates an appearance that the occupant is really a tenant. Secondly, the law says that a temporary occupant may not live in the home unless there is a tenant there as well.
Answer: For purpose of addressing this issue, I will assume that the community currently includes the operating costs for the well in the base rent, i.e. it is not a charge to residents outside of base rent that is allocated to them on a prorata (i.e. per space) basis. Well water is not something you may separately charge the residents for under ORS 90.532.
Answer: It’s easy to get confused. There is a lot to remember. Generally all of the answers are contained in ORS 90.630 [Termination by landlord; causes; notice; cure; repeated nonpayment of rent].
Answer: This is an issue that the Oregon Residential Landlord Tenant Act (“ORLTA” or the “Act”) is not fully equipped to address. Nowhere in the Act is there a clear answer. But connecting some dots, I think we can arrive at a logical answer. • Technically, the 18-year old is not a tenant under the manufactured housing park (“MHP”) side of the Act, since he does not “own” the home.
Answer. First, one caveat: This Answer is not intended to constitute legal advice. It is educational only, and should not be relied upon by an MHCO member in lieu of consulting their own legal counsel, who is familiar with their own specific factual situation. Let’s start with a definition of a “utility” under Oregon’s Residential Landlord Tenant Act.
Answer: This is a good – and important – question. Here are some points to always remember: 1. A resident who is renting the home is not under the manufactured housing section of Oregon’s residential landlord-tenant law (“ORLTA”) which is contained in ORS Chapter 90. This means that you do not treat non-owner residents the same way you would as if they were renting an apartment or home.
Answer: The Department of Revenue (“DOR”) is treated like any other lienholder. It is critical that before the 45-day letter is sent, the park check with the Oregon Department of Consumer and Business Services (“DCBS”) to determine if there are any lienholders on title. We understand that DOR is now showing up on the DCBS records.