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MHCO Article: The Eviction Process And Judgments Of Restitution


The eviction process can be daunting to those landlords and managers who rarely, if ever, have been involved in the unpleasant task of trying to remove a tenant from a community. An eviction (formally known as a "forcible entry and detainer" or "FED") is an expedited legal procedure designed to allow landlords to obtain possession of their property through the court system. When the eviction involves a space at a manufactured housing community, it is the space, not the home, that is returned to the landlord. Following a successful eviction, the court will render a "judgment of restitution" to the landlord. This means that the space will be restored back to the landlord and the tenant's right of possession to the space has been taken away. However, this leaves the issue of the manufactured home sitting on the space. Does an evicted tenant have any further rights to the home, and if so, how are those rights exercised? It is the abandonment process described in ORS 90.675, that addresses this issue, as we will discuss below. The rule to remember, however, is that once the court has granted the eviction, i.e. awarded the landlord a "judgment of restitution" the only legal way for the home to be removed or resold is in accordance with the abandonment process described in ORS 90.675.[1]



MHCO Article: The Eviction Process And Judgments Of Restitution


The eviction process can be daunting to those landlords and managers who rarely, if ever, have been involved in the unpleasant task of trying to remove a tenant from a community. An eviction (formally known as a "forcible entry and detainer" or "FED") is an expedited legal procedure designed to allow landlords to obtain possession of their property through the court system. When the eviction involves a space at a manufactured housing community, it is the space, not the home, that is returned to the landlord. Following a successful eviction, the court will render a "judgment of restitution" to the landlord. This means that the space will be restored back to the landlord and the tenant's right of possession to the space has been taken away. However, this leaves the issue of the manufactured home sitting on the space. Does an evicted tenant have any further rights to the home, and if so, how are those rights exercised? It is the abandonment process described in ORS 90.675, that addresses this issue, as we will discuss below. The rule to remember, however, is that once the court has granted the eviction, i.e. awarded the landlord a "judgment of restitution" the only legal way for the home to be removed or resold is in accordance with the abandonment process described in ORS 90.675.[1]



Vicki Coons: Why Mobile Homes are a Great Choice for Young Families

Vicki Coons is with Complete Mobile Home Sales and generously agreed to share this article with MHCO Members.  Her contact information is listed below.  MHCO is always excited to showcase an MHCO Associate Member.

At some point, you'll feel ready to settle down and start a family. Though it's an exciting new chapter in your life, you have to consider a lot of things first, from career plans to personal goals. You also have to take into account adjusting to the married life and eventually becoming a parent.

One of the most important preparations you have to think about is where to live. You want a decent place to raise your family - somewhere that you can truly call your home. Many young households today don't have a clear idea of where to settle down. Usually, they'd go for anything that's not pricey or isolated.

Manufactured houses are great options for young families. For the past few years, mobile homes have gained widespread popularity. From one end of the country to the other, you can find communities of pre-fabricated homes, particularly in places like Oregon.

If you are thinking about settling down or looking for a quality property to move into, take a look at the following to know why manufactured homes in Oregon are a great choice:

Pre-fabricated homes are affordable

Compared to brand new modern homes, manufactured housing is an affordable alternative for young families. You get more value for your investment. From the actual construction of the structure to maintenance and upgrades, the cost is significantly less than what you'd spend on a stick-built house. For a starting household, this is a great selling point.

Mobile homes are all about quality living

Affordability doesn't equate to inferior living standards. In fact, families are better off with mobile homes because they offer just the solutions they need. With the number of options available, they can choose the house that suits their situation. Mobiles homes in Oregon, for instance, vary in design and function. From elaborate floor plans to simple yet elegant house design, you can certainly find one that matches your preferences.

Green Living

Another less obvious yet equally striking benefit of mobile homes is green living. Builders don't waste a lot of materials during construction because they have complete control over the quality. The materials themselves are made of sustainable, eco-friendly components. As they are built with having a minimal impact to the environment in mind, in a way, you are giving back to nature. Residing in a mobile home can kick start your family's green living.

You belong to a community

No place is better for raising a family than in the safety of a community. Many mobile homes are located in communities and RV parks. Our listed manufactured homes in Oregon, for instance, are located in some of the prime spots in the country.

More financing options

There are also more financing options available for mobile homes. Here at Complete Mobile Homes, we work closely with local and national lending institutions. You can easily get the financing resource you need, so you can finally move into your manufactured house. You may consult with our team of manufactured home professionals to know more about your financing options.

Starting a family is a major decision, so is choosing a place to live. With all the benefits of living in a manufactured home in Oregon, deciding is now much easier to do. If you want the best for your family, a mobile home is for you.

Vicki A. Coons 

4741 Hillcrest Rd

Medford, OR 97504

Phone: 541-951-6953

Fax: 541-772-3938

Email: vickicoons9@gmail.com

Website: www.complete-mobilehomes.com

Phil Querin Q&A - Partial Payment of Rent - Landlord's Rights

Question: A resident stops by the manager's office on the 5th of the month and offers to pay $150 of the $350 of rent that is due, and promising to pay the remaining $200 by the 15th of the month. The tenant claims that the landlord must accept the partial payment. What are the landlord's options? Can the landlord refuse the partial payment? Where do you draw the line - say a 72 hour notice has been issued - does that change the partial payment scenario?


Phil Querin Q&A - Partial Payment of Rent - Landlord's Rights

Question: A resident stops by the manager's office on the 5th of the month and offers to pay $150 of the $350 of rent that is due, and promising to pay the remaining $200 by the 15th of the month. The tenant claims that the landlord must accept the partial payment. What are the landlord's options? Can the landlord refuse the partial payment? Where do you draw the line - say a 72 hour notice has been issued - does that change the partial payment scenario?


Complying With ADA Requirements for Public Accommodations


The Americans With Disabilities Act ("ADA") prohibits discrimination against people on account of disability. Title III governs places of "public accommodation" and affects certain areas of mobile home and RV parks. In a nutshell, a "public accommodation" is any place to which the public is invited. For a typical mobile home park, this would at least include the leasing office, the parking lot for the leasing office, and an accessible pathway connecting them. These are "pubic use facilities." If a mobile home or RV park has short-term (i.e. daily or weekly) RV space rentals, the entire park could be considered a public accommodation, in which case the park would need to comply with the ADA.


Complying With ADA Requirements for Public Accommodations


The Americans With Disabilities Act ("ADA") prohibits discrimination against people on account of disability. Title III governs places of "public accommodation" and affects certain areas of mobile home and RV parks. In a nutshell, a "public accommodation" is any place to which the public is invited. For a typical mobile home park, this would at least include the leasing office, the parking lot for the leasing office, and an accessible pathway connecting them. These are "pubic use facilities." If a mobile home or RV park has short-term (i.e. daily or weekly) RV space rentals, the entire park could be considered a public accommodation, in which case the park would need to comply with the ADA.


Federal Judge Puts New Overtime Rule on Hold

A federal judge in Texas has issued a national temporary injunction on implementation of the Obama Administration's new overtime rule, previously set to go into effect on December 1. As has been reported by MHI on multiple occasions, the Department of Labor (DOL) had issued a new rule that would have doubled (to $47,476) the salary threshold for the so-called "white collar" exemption to overtime pay. The rule would also have indexed future increases in the threshold to the Consumer Price Index. The injunction is only temporary. However, the decision by the Obama-appointed judge signaled a strong likelihood that the court would eventually side with the coalition of business groups and state attorneys general that sued to block the regulation. In his written decision, he stated that the final rule exceeded the DOL's authority. MHCO published an article on the new overtime rule on September 27, 2016 titled: "Sweet Dreams: Don't Let Overtime Exemption Issues Become Nightmares" by J. Kent Pearson Jr.