Mark Busch RV Q&A: Verbally Abusive RV Tenant

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Mark L. Busch

 

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?  

 

Answer:  In pre-COVID times, my first inquiry would be whether the tenant has been in the park for less than one year. If so, a 30-day no-cause eviction notice would be the best option, except that no-cause notices cannot be issued until October 1, 2020(as per the eviction moratorium imposed by Oregon House Bill 4213).  If the tenant is within the first year of his tenancy, and he is still in the park on October 1st, you could consider this option then.

 

For now, you might be able to issue a 24-hour eviction notice IF any of the tenant’s actions were “outrageous in the extreme.”  By statute, this means that the tenant committed an act(s) in the park or in the immediate vicinity of the park that a reasonable person in the community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others.

 

Since you mention that children were verbally abused, and that the tenant violated a restraining order related to that verbal abuse, there might be grounds for a 24-hour eviction notice. However, be aware that because this is an extreme eviction remedy, judges will require some kind of action that essentially “shocks the conscience.”  Swearing at children as they ride their bikes past his space would not meet this test, but cornering children in the park’s playground to berate them might.  You should consult an attorney with the actual facts before issuing a 24-hour eviction notice.

 

The remaining and most likely option is a 30/14-day, for-cause eviction notice.  This type of notice can be issued for material violations of the rental agreement or ORS 90.325.  Both the tenant’s rental agreement (MHCO Form 80) and ORS 90.325 (1)(g) require tenants to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.

 

The 30/14-day notice would describe the tenant’s violations (i.e. “yelling and swearing at children as they ride their bikes in the park”), followed by describing how the tenant must correct the violations (i.e., “do not yell and swear at children in the park or otherwise disturb their peaceful enjoyment of the premises”).  If the tenant corrects his violations within 14 days (plus three days added for mailing the notice), then the tenancy continues.  If not, then the tenancy terminates at the end of the 30-day notice period and you could file an eviction case in court.  If he corrects the violations, but then substantially engages in the same conduct again within 6 months from the date of the notice, you could evict him with a 10-day eviction notice that he would not have the opportunity to correct.

 

Since there are several possible eviction options depending on the exact facts, you should consult an attorney for advice on the best option to pursue.

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