Attorney

Question: Do the state and federal eviction moratoriums apply to RV tenants?  What about short-term guests who are not technically “tenants?”

Question:  A man has set up a tent on one of our park’s RV spaces, with lot of garbage around the space.  He did not sign any agreement – he just showed up one day.  How does the landlord best deal with this situation?

Question:  A month-to-month resident in our RV Park (on MHCO Form 80 - RV Agreement) is causing numerous problems for other RV residents.  In one case he was verbally abusive to several children – a restraining order was issued and subsequently violated.  What options do we have as the landlord to evict this tenant?  

Question:  Our county has entered Phase 2 of the reopening procedures for COVID-19.  While we have kept the park restrooms, showers and laundry room open during the state-wide shutdown, we have kept other park facilities closed.  We are still reluctant to open our swimming pool, small indoor rec center, and playground.  What are we required to open and how do we safely do it?

Question:  We have residents in our RV park who seem to be blatantly violating the governor’s COVID-19 emergency stay-at-home order.  Some residents have outside family members or guests come by regularly, while a few other residents get together on their spaces to just “hang out” in the evenings. This has caused some concern in the park, so what can or should we do?

Question:  We had a month-to-month RV tenant vacate shortly after she paid her monthly rent, and she is now demanding a refund of “unused” rent from the vacate date forward. Do we have to refund that rent?

Question:  We want to raise rent for our RV tenants because we have not raised the rent in over two years.  We know there are new rules, but what are they?

Introduction and Background

SB 586 was developed by the Manufactured Housing Landlord/Tenant Coalition during 19 meetings (each of approximately 3 hours) from September 2017 through February, 2019. There are several pieces to SB 586; however, this Q&A focuses on the limited mandatory mediation policy together with the $100,000 annual grant the Legislature has authorized be allocated to the Oregon Law Center to assist manufactured and floating home tenants with understanding and enforcing the Oregon Residential and Landlord Tenant Act.

As was reported by Chuck Carpenter during the Legislative session, the goal from MHCO’s perspective, was to use the coalition to get the best possible result considering the political landscape in the Legislature. Bluntly, some of the original ideas proposed by the tenants in the coalition were quite onerous. The end result, however, is a true compromise that is favorable to MHCO landlords, all things considered.

If you would like to learn more about these issues and/or you have particular questions, please join me for my presentation at the 2019 Annual Conference in October. In the meantime here are 17 questions (10 uploaded today and the remaining 7 to be uploaded next week) and answers that will get you started.

The 2019 Oregon Legislature made sweeping changes to the state’s landlord-tenant laws. None will have more impact than Senate Bill 608 (SB 608), which went into effect on February 28, 2019. SB 608 made two significant alterations to Oregon law: (1) After the first year of occupancy in a month-to-month or fixed-term tenancy, landlords are severely limited in their ability to evict tenants, and (2) landlords with month-to-month or fixed-term tenancies are now limited by rent control in their ability to increase rent for an existing tenancy. (NOTE: The cities of Portland, Milwaukie, and Bend have additional restrictions on landlords, and different laws apply to manufactured home and floating home tenants.)