Mark Busch RV Question & Answer: Nonpayment Problems with RV Tenants

 

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action.

Question: Our park has some manufactured homes and some RV spaces. We are having problems with some of our RV spaces and late payments.  Can we use the “3-strikes” rent nonpayment rule?  If not, what can we do to avoid having to constantly deal with late paying RV tenants?

 

Answer:  Unfortunately, Oregon’s “3-strikes rule” only applies to mobile home park tenants who own their homes.  It allows parks to issue a non-curable, 30-day eviction notice to mobile home tenants if they accumulate three or more 10-day nonpayment notices within a 12-month period.  The rule does not apply to RV tenants or to tena

Phil Querin Q&A: The Statute of Limitations Under Oregon’ s Landlord-Tenant Law

 

Question: I'm in the middle of an eviction against a resident for nonpayment of rent and Legal Aid is claiming there is a statute saying I can only go back one year back for past-due rent. Is this correct?

 

Answer:  Yes. This is known as the “statute of limitations,” and it applies to virtually all claims. The reason is because there needs to be a cut-off date for claims.

DO Be Prepared for Potential Retaliation Claims - DON’T Crack Down Because of a Prior Fair Housing Complaint 

 

Even with solid evidence that a resident has broken your rules, you run the risk of a retaliation claim any time you take action against a resident who has filed a fair housing complaint against you.

Under the FHA, it’s unlawful to “coerce, intimidate, threaten, or interfere with” anyone who has exercised her rights under fair housing law—as well as anyone who has helped or encouraged someone to do so.

Evicting “Vacation Occupants” from RV Park

By:  Mark L. Busch, P.C., Attorney at Law

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action.

Question: We have a person on a vacation occupancy agreement in our RV park (MHCO Form 202).  The end date for the agreement is coming up, but this person says he is not going to move out with his RV and wants us to give him a regular rental agreement.  We don’t want him as a long-term tenant based on his behavior (dog loose, messy RV space, etc.).  Do we have to offer him a rental agreement?  How do we get him out if he refuses to leave?

 

Answer: You do not have to offer him a rental agreement.  Since you indicate that he has signed the MHCO vacation occupancy agreement, presumably he qualifies as a vacation occupant.  Under Oregon law (ORS 90.110 (7)), vacation occupants are not tenants and are not entitled to be offered a rental agreement. 

Phil Querin Article: Making (and Keeping) Your Rules and Regulations Enforceable

 

 

By:  Phillip C. Querin, MHCO Legal Counsel

The difference between a well-run manufactured housing community and one with problems frequently lies with the rules and regulations each facility has adopted.  Here are some tips for developing a set of rules and regulations that may be helpful in the successful operation of your community:”

  1. Avoid Ambiguity.  When writing a rule, make sure that it is understandable.  If a court or jury were called upon to enforce it, would they be able to understand it?  Is it fair?  Is the rule capable of different interpretations?  Is it too vague so as to give little or no guidance to the tenant?  Avoid using general terms which are so subjectiv

DO Enforce Rules Governing Common Areas - DON’T Unreasonably Limit Children’s Activities

It’s okay to enforce reasonable rules, especially in common areas, where the community has a legitimate interest in maintaining the property, ensuring safety, and protecting the right of all residents to peaceful enjoyment of their homes.

Just make sure that the rules don’t unfairly target families with children—or anyone else protected under fair housing law. You may have legitimate concerns about outdoor play activities that could disturb neighbors or damage your property, but avoid rules that specifically target children’s behavior.

What You Need to Know About Oregon Mandatory Mediation and Dispute Resolution in Manufactured and Marina Communities Resource Center

 

State legislation requires manufactured home park and floating home landlords to amend Rental Agreements to provide for a Mandatory Mediation Policy (Oregon Revised Statute 90.767). The policy must include an explanation of the process and format for mediation and provide information on mediation services available. Statute currently calls for establishment of an “Informal Dispute Resolution”, commonly referred to as voluntary mediation. Both aspects of mediation are viable; however, mandatory mediation compels parties to meet at least once and suspends any court action until completion of the mandatory mediation.

 

1. How to Initiate Mediation or Informal Dispute Resolution

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