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Phil Querin Q&A: No Cause Eviction in RV Park on Month-to-Month Agreement

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Phil Querin
Querin Law
MHCO Legal Counsel

Question:  Can you evict for no cause in an RV park on a month-to-month rental agreement?

 

 

Answer: RVs are treated the same as single family rentals under Oregon’s Landlord-Tenant Laws. If a tenancy is week-to-week, the landlord or the tenant may terminate by a written notice given to the other at least 10 days before the termination date specified in the notice. Tenants may terminate upon 30-days written notice. Landlords may terminate during first year of tenancy with 30-days’ notice. Subject to the following, no cause terminations are prohibited after the first year of occupancy. 

 

However, ORS 90.427(5) and (6) provides certain exceptions, known as Qualified Landlord Reasons (“QLR”), that permit terminations after the first year of occupancy under the following circumstances:

  1. The landlord intends to demolish the dwelling unit or convert the dwelling unit to a use other than residential use within a reasonable time; or

2. The landlord intends to undertake repairs or renovations to the dwelling unit within a reasonable time and: (A) The premises is unsafe or unfit for occupancy; or (B) The dwelling unit will be unsafe or unfit for occupancy during the repairs or renovations; or

3. The landlord intends for the landlord or a member of the landlord’s immediate family to occupy the dwelling unit as a primary residence and the landlord does not own a comparable unit in the same building that is available for occupancy at the same time that the tenant receives notice to terminate the tenancy; or

4.  The landlord has: (A) Accepted an offer to purchase the dwelling unit separately from any other dwelling unit from a person who intends in good faith to occupy the dwelling unit as the person’s primary residence; and (B) Provided the notice and written evidence of the offer to purchase the dwelling unit, to the tenant not more than 120 days after accepting the offer to purchase.

 

All of the above 1-4 require 90-day advance notice. An Oregon landlord that terminates a residential tenancy under Nos. 1 -4- above must:

  1. Specify in the termination notice the reason for the termination and supporting facts;
  2. State that the rental agreement will terminate upon a designated date not less than 90 days after delivery of the notice; and
  3. At the time the landlord delivers the tenant the notice to terminate the tenancy, pay the tenant an amount equal to one month’s periodic rent.

 

Note, some jurisdictions, including the City of Portland, have additional notice and relocation fee requirements. (See, https://www.portland.gov/phb/rental-services/renter-relocation-assistance.) This is a summary only and members should consult their lawyer or other expert for details.