MHCO Columns

Using MHCO Form 30 (Abandonment Form) and Form 30A (Personal Property Abandonment)

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Phil Querin
Querin Law
MHCO Legal Counsel

 

Introduction. First, let’s start with the basics: There are two main types of property, real and personal. (There is a third category, a hybrid actually, called a “fixture,” which was originally personal property that when securely attached to the real property becomes a part of it. Removal would cause damage to the structure. Fixtures transfer with the structure unless removed by pre-agreement before closing of the sale. In residential housing, attached light fixtures are the main example.) For purposes of this article, we  will ignore fixtures.

 

Mobile and manufactured homes are personal property. They are only treated as a part of the land (i.e., as “real property”) when properly sited on a lot or parcel owned by the owner of the home and approved by the local authorities. Then, a deed to the land conveys the manufactured home as well, since they are combined under a single ownership.

 

Since the land in a manufactured housing community is owned by the landlord, and the spaces are rented to tenants, all manufactured structures on the spaces are personal property. They are either own by the tenant occupying the space, or by the park, or other third party.

 

The Conundrum. If all manufactured homes in a community are personal property, when abandonment occurs, why are there two forms? The answer is basic – at least to start. It depends on who owns the home.

 

  • Using Form No. 30. If the home is tenant-owned and the tenant abandons it, park owners and managers should use MHCO Form No. 30.[1]

 

  • Using Form No. 30A. If the home is not tenant owned, e.g., park-owned, management only needs to declare an abandonment of the other personal property on the space, such as the contents of the home, cars, RVs, and other personal property on the space itself.[2]

 

  • The RV exception. Since RVs are personal property, which form should be used when the tenant owns it but later abandons it on the space? The answer is to use MHCO Form No. 30A.

 

FAQs for Personal Property Abandonments under Form 30A.[3]

 

How long does the tenant have to respond to the notice of abandonment? 5 days if served personally, or 8 days if served by mail. This applies to all abandoned personal property except recreational vehicles. For an RV, the tenant has 45 days to respond.

 

How long after responding does the tenant have to make arrangements for removal of the personal property? 15 days. If it is a recreational vehicle, 30 days.

 

What must I do with personal property during the abandonment process? Abandoned personal property should be kept in a place of safekeeping, and management should exercise reasonable care in protecting it. Food or perishables may be disposed of, and any abandoned animals or livestock should be turned over to the proper authorities. Landlords are entitled to reasonable or actual storage costs, costs related to moving the items, and potentially, costs related to disposal.  Abandoned personal property may be stored as management sees fit, whether that is at the dwelling, at another location on the premises, or in an off-site storage unit.

 

What if the owner does not claim their personal property within the required time? If an owner or interested party does not respond to MHCO Form 30A within the appropriate window (5-8 days for personal property/45 days for recreational vehicles) the landlord is free to sell or dispose of it in accordance with the directions in Form 30A or ORS 90.425.

 

 

[1] Note: ORS 90.675 deals with abandonment of manufactured homes owned by the tenant. ORS 90.425 deals with automobiles, RVs, and all other tenant owned personal property. However, ORS 90.675(1)(e) provides that “personal property” does not include goods left inside a manufactured dwelling or floating home or left upon a rented space and subject to disposition under ORS 90.425.” The problem is that oftentimes, when a home is abandoned, other things may be abandoned as well, such as the contents of a home and personal property on the space. Thus, where the contents of the home have value over $1000, it may become necessary to use both forms. Where autos and RVs are left on the space members should definitely use both forms. MHCO is considering adding an addendum to Form 30 to combine these issues into a single form. Until then, using both forms is appropriate where the tenant abandoned both the home and significant items of personal property such as autos, motorcycles, and RVs.

[2] If the home is owned by a third party who is renting the home to a tenant who abandons it, management should immediately notify the owner-landlord. Space rent must be paid regardless of the tenant’s abandonment. If the owner-landlord does not respond after giving proper notice, file an eviction for nonpayment of rent. If the owner does not show up for court, get a judgment of restitution and then file an abandonment of the home, which is permitted under ORS 90.675. Death of a tenant owner of the home also triggers the abandonment process under that statute.

[3] Caveat: This is a summary only and does not address rights of lienholders,  tax collectors, assessors, or third-party owners. Before using this form, competent legal counsel should be consulted if questions.