MH Abandonment in Progress - Home Is Sold to Non-Resident Just Before 60 Day Letter Expires

Question - A landlord is near the end of an abandonment notice. The former resident and owner of the home without notice to the landlord sells the "abandoned" home to another person. Does the landlord have to send a new abandonment notice to the new owner and restart the 60 day clock? Answer: [Note: This answer presumes that the landlord has legally declared the abandonment, and following the statute regarding issuance of the 45-day letter. It also presumes that there are no liens on the home, since they would have prior right to determine what happens.] Interestingly, I find nothing in the abandonment statute [ORS 90.675] that prohibits the tenant from selling the home during the 45-day period following the landlord's issuance of the 45-day letter. In fact, I believe that possibility was contemplated when the statute was drafted and/or amended. [My answer might be different if the tenant sold the home after expiration of the 45-day letter, since the statute says that under that circumstance the home is conclusively presumed" to be abandoned. To me this means that the tenant had nothing to convey. But we'll deal with that issue another time.]So the real issue is not with the abandonment statute