Answer: Storage agreements are not specifically defined under ORS 90.100 in the Landlord-Tenant Act. They are addressed in ORS 90.425 and 90.675, the abandonment statutes that pertain to the storage of a tenants personal or real property (respectively).
Storage agreements allow for the storage of a tenant’s property (usually at the premises) after their tenancy has ended. They are most frequently used following the termination of a lease, often after default. They address the terms of the storage, the agreement’s duration, rights of access, and storage fees.
ORS 90.675(20) deals with storage agreements between landlords and lenders who hold liens on an abandoned home in the park. The statute does not specifically address storage of the home for the tenant, although there is no reason they could not be so used if done carefully with your attorney’s direction.
The lienholder’s right to a storage agreement arises upon the failure of the tenant or, in the case of a deceased tenant, the personal representative, designated person, heir or devisee, to remove or sell the dwelling or home within the allotted time.
However, a person who is engaged in the flipping of homes at the park should not be permitted to use the storage agreement document to facilitate their business model. Even if the person acquired the home by inheritance, etc., unless he/she is or was a “tenant” under a rental agreement, and is no longer occupying the rented space, they should not be permitted to use this instrument.
The business model of flipping homes is regulated by the Construction Contractors Board and requires that the flipper be licensed. He/she would also be subject to various consumer protection laws.
The idea of allowing a non-tenant to remodel homes at the park on speculation (i.e., for later sale to a tenant/purchaser) possibly without permits; and using various contractors or other persons to perform the work raises a plethora of liability issues; who will be liable for injuries? Fire? Construction defects? Fraud? Etc. The entire operation is well beyond the scope of services you are legally entitled to provide in a manufactured housing community. You may not even have any insurance to defend you if there was a claim.
My suggestion is that you discuss with your attorney whether you can terminate the Storage Agreement immediately.
