Most importantly, the “vacation occupancy” period for RVs has been expanded from 45 days to 90 days. This means if you have a written agreement that complies with the vacation occupancy requirements in HB 2634, those RV occupants do not become “tenants” under Oregon law. As such, they may be asked to vacate at any time without issuing an eviction notice or going to court. If necessary, law enforcement may be called to remove any “vacation occupants” as trespassers if they refuse to leave. In that case, you must have a copy of the written vacation occupancy agreement available to show the responding officers that the occupants are not tenants under Oregon law and can be cited for trespassing.
An RV vacation occupancy agreement must be signed by the occupant and must state: (1) The occupant is renting the RV space for vacation purposes only, not as a principal residence, (2) the occupant has a principal residence other than at the space, (3) the period of occupancy cannot exceed 90 days, (4) the RV must be removed from the park at the end of the occupancy period, and (5) occupancy of the space in the RV park is a vacation occupancy and is NOT subject to the Oregon Residential Landlord and Tenant Act (ORS Chapter 90).
If occupants meet the criteria to sign a vacation occupancy agreement, my view is that RV park landlords should use a 90-day vacation occupancy agreement as a “probationary period” to ensure that they follow the rules and pay the rent. If they are causing problems, you can ask them to leave any time before the 90-day period expires, thus avoiding creation of a “tenant.” If they work out as good 90-day occupants and want to become tenants, you can then sign them up using a month-to-month rental agreement.
