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Do You Need an Attorney?

Oregon, unlike our neighbor to the North, does not require landlords to obtain the use of an attorney to appear in FED court. The necessary summons and complaint can be obtained from the courthouse and they can be filed and served quickly. This has its advantages and disadvantages: It is good insofar as it keeps the cost of the process down, but it is bad if the owner or manager fails to strictly follow all of the legal procedures required by the statutes. Accordingly, for the inexperienced manager or new owner, it is strongly, recommended that guidance first be sought, either through the MHCO, from an experienced attorney, or by consulting with a knowledgeable community management company.

Strict Compliance

Since the FED process is designed to be a "summary" or quick proceeding, the law imposes upon those seeking its assistance, i.e. owners and managers, the duty to strictly comply with all of the requirements set out in the statutes. This means, for instance, that the written notice that must precede the filing of the complaint (e.g the 72- hour nonpayment of rent notice or the 30-day notice of termination for cause) must be properly filled out to the letter. Since the notice is required to be attached to the FED complaint, and thereby becomes a part of it, if the notice is defective in any respect, the Court can unilaterally dismiss it - thus forcing the landlord or manager to start all over again. It is for this reason that before actually filing the summons and complaint which starts the FED court process, the plaintiff should closely review the notice to make sure it complies with the law.

The First Appearance

At the time the summons and complaint for eviction are filled out, a "first appearance date" will be inserted in the summon. This date is the time for both landlord and tenant to appear before the court. At that time, if the matter cannot be mediated or resolved, the tenant has to inform the judge whether he/she will either move out at a designated time, or request a trial to contest the eviction proceeding. If the tenant wants to fight the eviction, the judge will usually require that they promptly file an answer setting forth their legal defenses, and set the matter for trial. Experienced landlords and managers know full well that the first appearance is the time that many, if not most, evictions are settled. If the default is nonpayment of rent, the landlord and tenant can simply enter into a stipulated payment arrangement providing that if it is not followed by the tenant, the landlord may come back to court and upon filing of the necessary papers, have the judge issue the judgment of restitution. It is imperative that the landlord or his/her representative appear at the first appearance. The failure to do so will result in an automatic dismissal of the eviction, and the landlord will have to start all over.

The Judgment of Restitution

As noted above, the judgment of restitution is the equivalent of the court's order in favor of the landlord's complaint for eviction, and requires that the tenant vacate the premises - which in a manufactured housing community, is the space upon which the home is situated. In most cases, the court will insert a date in the judgment of restitution that will give the tenant a reasonable time to remove their belongings. Once that date has expired, however, the tenant has no further right to come upon the premises. Under the abandonment statute, assuming that the tenant voluntarily vacates the space, after seven (7) days of the tenant's absence following the date of issuance of the judgment of restitution, to commence the abandonment procedure, which is legally initiated by issuance of the 45-day letter to the tenant and other parties required by law. During this 45-day period (assuming there is no lienholder), the tenant may contact the landlord to make arrangements for removal of the home. However, such removal is conditioned upon payment of all "storage charges" which cannot exceed the existing rents. However, as discussed below, the landlord may not require the payment of accrued storage charges prior to removal of the home if the tenant was forced to vacate the space as a result of the landlord's executing upon the judgment of restitution.

Execution Upon a Judgment of Restitution

Sometimes the tenant may refuse to move, even when the court has given them a firm date to do so in the judgment of restitution. In such cases, the landlord must go to the clerk of the court to obtain a notice of restitution giving the tenant four (4) days to move out. The notice of restitution is mail and personally served (or attached to the front entrance) by the sheriff or a civil process server. After execution of the four (4) day period, if the tenant has still not vacated, then the landlord must ask the sheriff to execute upon the judgment of restitution originally granted by the court at the conclusion of the eviction trial. The means that the sheriff will go to the premises, remove the occupants and post a trespass notice on the home, advising the tenants that any further entry will result in arrest and prosecution. Although the abandonment law does not require the landlord to wait seven more days before commencing an abandonment, it does prohibit the landlord from recouping any accrued storage charges, should the tenant elect to remove the home following receipt of the 45-day abandonment letter. It is for this reason that landlords should only seek execution upon the judgment of restitution when absolutely necessary - i.e. when the tenant simply refuses to voluntarily vacate following the court's issuance of a judgment of restitutio

[1] The only exception would be if, prior to the tenant's abandonment, the landlord and tenant entered into a written agreement whereby the tenant waived his/her rights under the abandonment statute. See, ORS 90.675(21)(A).

Answer: Regarding the security deposit, the landlord-tenant statutes do not directly provide direction. Since we don't know who actually "paid" the deposit and whether it was from their combined marital funds, I think this question should be asked, assuming you have the current address for both former spouses. If they both claim 100% of the deposit, you can issue a joint check and let them fight it out. Alternatively, you can issue two checks each for 50%, and let them deal with each other if one feels he/she go shorted. In short, it's not up to you to make a decision of one over the other regarding who gets the refunded deposit. But before playing Solomon, you should ask each of them for a jointly signed written instruction regarding disposition of the deposit. If they give you one, fine. If they can't agree, then you can refund it jointly or spit it 50/50. I prefer the first approach,

Remember that under ORS 90.300(15) and (16) you have a 31-day period to provide the ex-husband an accounting regarding the disposition of the funds - e.g. will there be any holdbacks? I would copy the ex-wife, since she may claim ownership to some or all of the unused deposit, even though she left early. If you fail to provide the accounting with any refund, within 31 days, you could be held liable for twice the deposit. Lastly, you should review ORS 90.300(16) closely regarding when the 31-day period commence.

Make sure that your contractor is licensed and bonded with the Construction Contractor's Board ("CCB")

The person submitting a bid to perform work at the park should provide you with their CCB number. The number should appear on their business card and on any proposal to perform work. Do not accept an oral representation that a person is registered with the CCB - get the number and then check the contractor out with the CCB. Using the number will allow you to verify whether the person is registered, and determine whether there are any open claims against them. This can be important, since even though CCB licensees must be bonded (in the amount of $15,000 for general contractors and $10,000 for specialty contractors[1]), too many claims at one time can deplete the bond. Additionally, licensing requires that the contractor maintain public liability insurance in the amount of $500,000 for general and specialty (non-residential) contractors.[2]

Additionally, should the work not be performed according to industry standards, if the worker is licensed, you will have up to one year within which to bring a claim against him through the CCB. If the CCB determines that correction must be made, it will require that the licensee perform the work. If the licensee fails or refuses to do so, you may file a claim for the cost of repair against his bond

Make sure your contractor provides proof of worker's compensation insurance.

"Employer" means any person... who contracts to pay a remuneration for and secures the right to direct and control the services of any person. ORS 656.005(13)(a). Thus, if you hire someone to perform certain work, say, to repair or re-roof the clubhouse, and they incur an on-the-job injury, you would likely be deemed to be the "employer" if they have no insurance If the injured worker received medical treatment, Oregon's State Accident Insurance Fund ('SAIF") would send you the bill for reimbursement. Depending upon the injury, this could amount to thousands of dollars.

The best way to protect against using an uninsured worker is to make a habit of only hiring contracting companies who employ their own labor force. Generally, the larger the company, the less risk there is that they are "going bare," i.e. not paying their workers compensation insurance premiums. The expense

of such insurance can cause some small contractors to forego the cost, but represent to consumers that they do have such insurance. Verification is the best policy.

Avoiding Disputes Regarding Unpaid Liens.

If you have work performed through a general contractor, i.e. he or she is employing one or more subcontractors, it is imperative that you make sure the subcontractor(s) are paid on time. If you pay the general, but the general does not pay the sub, the sub may still retain lien rights against you. If the general contractor becomes insolvent, or otherwise fails to pay the sub, the park owner could be placed in the position of having to pay the sub to avoid the filing of a lien on the property - even though the general contractor has already been paid for the same work.

There are several ways to keep this result from occurring: (a) pay the sub directly and obtain a lien release; (b) pay the general when he or she provides you with a lien release from the sub; (c) never pay the general beyond the value of the work performed (i.e. don't let the general be paid for work that has not yet been done) (d) make sure you verify that the payment is for work that has actually been done on the job; (e) pay attention to the Notice of Right to Lien forms that you receive, so you know which subs would actually have valid lien claims.

Similarly, you want to make sure that your general contractor stays within his budgeted amount for the job, and does not submit for payment beyond the agreed-upon amount, or for work that has not yet been performed or supplies that have not been delivered.

Selection of Contractors.

As with the selection of all professionals, the best way to select a good contractor is by word of mouth - i.e. referrals from satisfied customers. This is the best advertising one can have. While there is nothing wrong with starting out with the Yellow Pages, it is prudent to ask any selected contractor for a list of references. Check a few of them out. Questions to ask would include (a) Did the contractor do the promised work? (b) Was the work done on time and in a professional manner? (c) Were there any hidden costs, charges, expenses, or add-ons that weren'tdiscussed in advance? (d) Would the customer use them again?

And most important, don't accept the first bid that you receive. Some contractors do not expect to get all of the jobs they bid - so bids can vary wildly from company to company. When you receive a bid from a contractor you may be interested in using, have a conversation with him or her, just to make sure their approach to the project is the same as yours, and that the two of you are compatible.

Never hire a contractor without a written contract. It doesn'thave to be fancy - but it should be professional looking. It should cover (a) the scope of the work; (b) the price of the job; (c) the completion date[3]; (d) any warranties for the work to be performed (e.g. one year for all workmanship and material)[4]; (e) the payment schedule.[5]

One last thought: While mandatory mediation and arbitration is favored by many lawyers and can be a useful tool in the resolution of disputes, if there is such a clause in the contract and a dispute arises, the contractor may prevent CCB involvement if they give timely notification to the CCB. Although this is not necessarily bad - some alternative dispute resolution processes are very good - park owners should keep it in mind when reviewing the terms of the contract. If you want to retain CCB involvement in the event of a dispute, you may not wish to agree to an alternative dispute resolution provision in the written contract - and visa versa.

[1] ORS 701.085 (2), (3).

[2] ORS 701.105 (a), (b), (c).

[3] Most contracts will contain a force majeur clause, i.e. a provision saying that they will not be responsible for delays relating to weather, war, strike, acts of God, change orders, or matters outside of their control.

[4] Even if there are no express warranties, the requirement that the work be performed according to industry standards, still applies and may be enforced by the CCB.

[5] It is prudent to have a hold-back arrangement so that a final percentage is paid upon completion. You always want your payments to be slightly behind the completed work, so you can see what you're getting before payment.

Answer: Landlords should become intimately familiar with ORS 90.680, and then make sure their rules and rental agreements conform to what is allowed. Set forth below is a summary of those portions of the statute that address your questions:

• If the prospective purchaser of a manufactured dwelling or floating home desires to leave the dwelling or home on the rented space and become a tenant, the landlord may require the following:
  • That a tenant give not more than 10 days' notice in writing prior to the sale of the dwelling or home on a rented space;
  • That prior to the sale, the prospective purchaser submit to the landlord a complete and accurate written application for occupancy of the dwelling or home as a tenant after the sale is finalized;
  • That a prospective purchaser may not occupy the dwelling or home until after the prospective purchaser is accepted by the landlord as a tenant;
  • That a tenant give notice to any lienholder, prospective purchaser or person licensed to sell dwellings or homes of the requirements of the resale requirements [Emphasis mine - PCQ];
  • If the sale is not by a lienholder, that the prospective purchaser pay in full all rents, fees, deposits or charges owed by the tenant prior to the landlord's acceptance of the prospective purchaser as a tenant [Emphasis mine];
• If the landlord's rules and/or rental agreement requires prospective purchasers to submit an application for occupancy as a tenant, at the time that the landlord gives the prospective purchaser an application the landlord shall also give the prospective purchaser copies of the statement of policy, the rental agreement and the facility rules and regulations, including any conditions imposed on a subsequent sale[1];
• The following conditions apply if a landlord receives an application for tenancy from a prospective purchaser:
  • The landlord shall accept or reject the prospective purchaser's application within seven days following the day the landlord receives a complete and accurate written application[2];
  • An application is not complete until the prospective purchaser pays any required applicant screening charge and provides the landlord with all information and documentation, including any financial data and references, required by the landlord;
• The landlord may not unreasonably reject a prospective purchaser as a tenant. Reasonable cause for rejection includes, but is not limited to:
  • Failure of the prospective purchaser to meet the landlord's conditions for approval;
  • Failure of the prospective purchaser's references to respond to the landlord's timely request for verification within the time allowed for acceptance or rejection;
  • In most cases, the landlord must furnish to the seller and purchaser a written statement of the reasons for any rejection[3];
• The landlord may give the tenant selling the home a notice to repair the home [e.g. for damage or deterioration] under ORS 90.632. The landlord may also give any prospective purchaser a copy of that notice.
  • The landlord may require as a condition of tenancy that a prospective purchaser who desires to leave the dwelling or home on the rented space and become a tenant must comply with the repair notice within the allowed period under ORS 90.632.
  • If the tenancy has been terminated for failure to timely complete the repairs under ORS 90.632, a prospective purchaser does not have a right to leave the dwelling or home on the rented space and become a tenant.

Obviously, the statute was drafted with tenant/purchasers in mind. However, as long as the home remains on the space, the landlord has complete control over the situation. In your case, I suspect the delinquent tenant made no effort to notify the landlord of his planned sale to the dealer. However, that does not prevent him from imposing these requirements on the dealer if he wants to put a tenant in the park.

Going forward, it might be advisable for all landlords who have faced this situation before, to prepare a summary of requirements to give dealers when they purchase homes from tenants already sited in the park. They may want to expressly address this in their rules, so tenants cannot say they didn'tknow. The written summary to dealers should clearly state that if a departing tenant owes monies to the landlord, repayment will be required before occupancy of the home will be permitted by a new resident. [A more difficult question that is not addressed by the statute, ORS 90.680, is whether the landlord may prevent the dealer from removing the home without paying the past due sums. I suspect the answer may be "Yes" a landlord may do so, but it would require my examination of the statutory storage or retaining lien rights, which is beyond the scope of this question. - PCQ]

[1] The terms of the statement of policy, rental agreement and rules and regulations need not be the same as those in the selling tenant's statement, rental agreement and rules and regulations.

[2] The landlord and the prospective purchaser may agree to a longer time period beyond seven day for the landlord to evaluate the prospective purchaser's application or to allow the prospective purchaser to address any failure to meet the landlord's screening or admission criteria. If a tenant has not previously given the landlord the required advance 10 days' notice, the period provided for the landlord to accept or reject a complete and accurate written application is extended to 10 days.

[3] If a rejection is based upon a consumer report (as defined in 15 U.S.C. 1681a) for purposes of the federal Fair Credit Reporting Act, the landlord may not disclose the contents of the report to anyone other than the purchaser. In such cases, the landlord is to disclose to the seller in writing that the rejection is based upon information contained in a consumer report and that the landlord may not disclose the information contained in the report.

• The landlord accepts:
  • A last month's rent deposit collected at the beginning of the tenancy, regardless of whether the deposit covers a period beyond a termination date;
  • Rent distributed pursuant to a court order releasing money paid into court; or
  • Rent paid for a rent obligation not yet due and paid more than one rental period in advance.

• For a continuous or ongoing violation, the landlord's written warning notice remains effective for 12 months and may be renewed with a new warning notice before the end of the 12 months.
• For a violation concerning the tenant's failure to pay money owed to the landlord, the landlord's written warning notice under subsection ORS 90.412(4)(c) remains effective for 12 months from the date of the tenant's failure to pay the money owed.
• A landlord that must refund rent shall make the refund to the tenant or other payer by personal delivery or first class mail. The refund may be in the form of the tenant's or other payer's check or in any other form of check or money.

Acts not constituting waiver of termination of tenancy. If a notice of termination has been given by the landlord or the tenant, the following acts do not waive the landlord's right to terminate on the notice and do not reinstate the tenancy:

• Except in the case of issuance of a nonpayment of rent notice under ORS 90.394, the acceptance of rent if:
  • The rent is prorated to the termination date specified in the notice; or
  • The landlord refunds at least the unused balance of the rent prorated for the period beyond the termination date within 10 days after receiving the rent payment.
• Except in the case of termination for cause under ORS 90.392 (termination for cause), 90.398 (termination for drug/alcohol violations), 90.405 (unpermitted pets), 90.630 (termination of MHP tenancy by landlord) or 90.632 (termination for physical condition of home in MHP), the acceptance of rent for a rental period that extends beyond the termination date set forth in the notice, if the landlord refunds at least the unused balance of the rent for the period beyond the termination date within 10 days after the end of the remedy or correction period described in the applicable notice.
• If the termination is for cause under ORS 90.392 (termination for cause), 90.398 (termination for drug/alcohol violations), 90.405 (unpermitted pets), 90.630 (termination of MHP tenancy by landlord) or 90.632 (termination for physical condition of home in MHP) and eviction proceedings have commenced to recover possession of the premises based on the termination:
  • The acceptance of rent for a period beyond the expiration of the notice of termination during which the tenant remains in possession if:
    • The landlord notifies the tenant in writing in (or after the service of) the notice of termination for cause that the acceptance of rent while an action for possession is pending will not waive the right to terminate under the notice; and
    • The rent does not cover a period that extends beyond the date the rent payment is accepted.
  • Service of a nonpayment of rent termination notice under ORS 90.394.
• The following acts do not waive the right of the landlord to terminate on a notice of termination given by the landlord or the tenant and do not reinstate a tenancy:
  • Acceptance of a last month's rent deposit collected at the beginning of the tenancy, whether or not the deposit covers a period beyond a termination date.
  • Acceptance of rent distributed under a court order releasing money that was paid into the court as provided under ORS 90.370 (1) (Rent tender provisions when tenant files a counterclaim)
  • Acceptance of rent paid for a rent obligation not yet due and paid more than one rental period in advance.
• When a landlord must refund rent, it shall be made to the tenant or other payer by personal delivery or first class mail and may be in the form of the tenant's or other payer's check or in any other form of check or money.

Effect of acceptance of partial rent. A tenant's duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the terms of the rental agreement. A landlord may refuse to accept a rent tender that is for less than the full amount of rent owed or that is untimely.

• A landlord may accept a partial payment of rent.
  • The acceptance of a partial payment does not constitute a waiver of the landlord's right to terminate the tenancy under ORS 90.394 (Termination of Rental Agreement for Failure to pay Rent) of the balance of the rent owed if the following rules below for partial payments are followed.
• A landlord and tenant may by written agreement provide that monthly rent shall be paid in regular installments of less than a month pursuant to a schedule specified in the agreement. Such agreed-upon installment rent payments are not "partial payment of rent"
• Acceptance of a partial payment of rent waives the right of the landlord to terminate the tenant's rental agreement for nonpayment of rent unless:
  • The landlord accepted the partial payment of rent before the landlord gave a nonpayment of rent termination notice based on the tenant's agreement to pay the balance by a time certain and the tenant does not pay the balance of the rent as agreed;
  • The landlord's notice of termination is served no earlier than it would have been permitted under ORS 90.394 (Termination of Rental Agreement for Failure to pay Rent) had no rent been accepted; and
  • The notice permits the tenant to avoid termination of the tenancy for nonpayment of rent by paying the balance within 72 hours (or 144 hours) or by any date to which the parties agreed, whichever is later; or
  • The landlord accepted a partial payment of rent after giving a nonpayment of rent termination notice and entered into a written agreement with the tenant that the acceptance does not constitute waiver. This agreement may provide that the landlord may terminate the rental agreement and thereafter file for eviction without serving a new non-payment of rent notice if the tenant fails to pay the balance of the rent by a time certain.
• Application of a tenant's security deposit or prepaid rent to an obligation owed to a landlord in foreclosure under ORS 90.367 does not constitute a partial payment of rent.
• Notwithstanding any acceptance of a partial payment of rent pursuant to the above rules, the tenant continues to owe the landlord the unpaid balance of the rent.

Answer. This sounds to me a problem that transcends the park rules. Based upon your description of these circumstances, you are certainly within your rights to issue a 30-day curable notice under ORS 90.630(1)(a) and (b) for violation of one or more of your park rules (I'd have to read them to say for certain), the rental agreement (same caveat), or ORS 90.740(4)(j) (Tenant Obligations)[1].

You have not mentioned whether the Temporary Occupants are staying there under a written Temporary Occupant Agreement. If so, it is far easier to terminate them, than terminating the tenancy of a tenant who is occupying the space under a signed Rental Agreement.[2]

But the larger problem, from a humanitarian point of view, is what happens after you have all of the offenders removed? The cycle will likely repeat itself somewhere else, and the situation could become even worse for the children. I suggest you have a discussion with the tenants and make it clear that (a) the extra occupants will have to leave, and that (b) some effort should be made to assist the mother and children transition into a stable living environment. Perhaps a little advance research is in order for you, since it sounds as if the children's best interests are not being properly addressed by anyone in the home. See, https://www.oregon.gov/DHS/Offices/Pages/Child-Welfare.aspx

[1] Behave, and require persons on the premises with the consent of the tenant to behave, in a manner that does not disturb the peaceful enjoyment of the premises by neighbors.

[2] You need "cause" to terminate both, but there is no 30-day cure period for the Temporary Occupant. See, ORS 90.275.

Answer. This sounds to me a problem that transcends the park rules. Based upon your description of these circumstances, you are certainly within your rights to issue a 30-day curable notice under ORS 90.630(1)(a) and (b) for violation of one or more of your park rules (I'd have to read them to say for certain), the rental agreement (same caveat), or ORS 90.740(4)(j) (Tenant Obligations)[1].

You have not mentioned whether the Temporary Occupants are staying there under a written Temporary Occupant Agreement. If so, it is far easier to terminate them, than terminating the tenancy of a tenant who is occupying the space under a signed Rental Agreement.[2]

But the larger problem, from a humanitarian point of view, is what happens after you have all of the offenders removed? The cycle will likely repeat itself somewhere else, and the situation could become even worse for the children. I suggest you have a discussion with the tenants and make it clear that (a) the extra occupants will have to leave, and that (b) some effort should be made to assist the mother and children transition into a stable living environment. Perhaps a little advance research is in order for you, since it sounds as if the children's best interests are not being properly addressed by anyone in the home. See, https://www.oregon.gov/DHS/Offices/Pages/Child-Welfare.aspx

[1] Behave, and require persons on the premises with the consent of the tenant to behave, in a manner that does not disturb the peaceful enjoyment of the premises by neighbors.

[2] You need "cause" to terminate both, but there is no 30-day cure period for the Temporary Occupant. See, ORS 90.275.

Answer: I assume that when he tenders the rent, you accept it and report to the court that the case is to be dismissed. This means that any leverage you had to make the full payment, including court fees, has disappeared. You might consider one of the two following alternatives:

1. Since the 72 hours has already expired and you've had to file the FED complaint, you are not required to accept the rent unless he agrees to pay the court fees. Next time, if he declines, don't let the case be dismissed. Go to the regularly scheduled first appearance. If he shows up, tell the judge you'd gladly permit him to stay if he pays the filing fees. If he can't afford to pay it in one lump sum, negotiate a repayment plan (e.g. 50% next month and 50% the following month). Then have the judge put the agreement in a Stipulated Judgment of Restitution, which means that if he doesn'tpay the sums do as scheduled, you can go back to court to have him evicted.

1. Under Oregon's "three strikes" law [ORS 90.630(8)-(10)], if a resident is issued three 72-hour notices within a rolling 12 month period, you can issue them a 30-day non-curable eviction notice, on or shortly after, the third strike. Then you can say to the resident that you will permit them to stay only on condition of payment of the outstanding court fees. Obviously, this is a pretty big hammer and if they can't pay the fees all at once, you should negotiate partial payments, similar to what I suggested above. However, this alternative would automatically not result in a "Stipulated Judgment of Restitution" (you would have to be in court to get that). For that reason, I prefer No. 1 over No. 2.

Answer: You haven'tindicated whether this person is a long-term tenant or perhaps just a "vacation occupant." Under Oregon law, a "vacation occupant" is someone who: (1) Rents the RV space for vacation purposes only, not as a principal residence, (2) has a principal residence other than at the RV park, and (3) does not occupy the RV park for more than 45 days. You would need to have these facts documented in some type of written agreement. "Vacation occupants" are not "tenants" under Oregon law. They can be asked to leave without any eviction proceedings and the sheriff can be called to assist if necessary.

Assuming this person is an actual "tenant" (weekly, monthly, or fixed-term), then in the hierarchy of the quickest ways to get him out is cash. While this might sound counterintuitive to many landlords, I always advise my clients that it is sometimes far cheaper and quicker to get a tenant out by simply paying them to leave. This tactic is most effective when done shortly after issuing an eviction notice to the tenant using a "carrot and stick" approach. If the tenant isn'twilling to settle by accepting a payment to leave, then you can rely on the eviction notice.

The type of eviction notice will depend on the type of tenancy. Fixed-term tenants will require a for-cause notice (i.e., for breaking a park rule). Weekly tenants can be given a 10-day, no-cause eviction notice. Monthly tenants can be evicted with a 30-day, no-cause notice during the first year of their tenancy. After the first year, the no-cause notice to a monthly tenant would need to be a 60-day notice. (Caveat: Portland and Milwaukie both have city ordinances requiring 90-day no-cause notices to all monthly tenants, regardless of how long they have been tenants.)

Also keep in mind that 72-hour rent nonpayment notices can be used if the tenant isn'ttimely paying the rent. This is sometimes an effective and quick tool in getting a tenant out of the park as well. Even if you've already issued a no-cause notice, you can still use a 72-hour notice in the meantime if the tenant decides to stop paying his rent.

If the tenant refuses to vacate by the deadline in whatever eviction notice you have used, then you will need to file an eviction case against him in your county's circuit court. That process can take anywhere from 3-6 weeks. However, even during that period you can still use the settlement tool of a payment to have him leave if he is willing to accept. You can point out to the tenant that if he is evicted by a court judgment, he may have a harder time finding a landlord who is willing to accept him as a tenant.

A final word of warning to seek the assistance of a competent attorney if you are unfamiliar with the strict statutory process that must be followed when issuing eviction notices. A good attorney can also help you try to settle the case with the tenant, and ideally obtain a written settlement agreement confirming the move-out terms and releasing all legal claims between the parties relating to the tenancy.

Answer. As far as I know, there are no laws that "require" the posting of certain things. I will try to summarize - off the top of my head - two types of information: (1) Things that can be posted without risk of liability; and (2) Things that should not be posted due to potential liability. Remember, these are just my opinions; your own attorney may or may not agree.

(1) Things that can be posted without risk of liability.

• General information about the community, such as maps of the community and space numbers, location of common facilities, etc.
• Safety information, such as permitted speeds, water hazards, emergency phone numbers such as police and fire, etc.
• Publically available information such as location of services, schools, places of worship, libraries, etc.
• If you are a 55+ community, you definitely want that promoted, since one of the requirements to qualify is holding yourself out as a 55+ community, with signs and rules, e.g. a generic definition of what it means and entails. This explanation should be reviewed and approved by your legal counsel.
• If you are a family community, you should say so, including a generic definition of what it means and entails. This explanation should be reviewed and approved by your legal counsel.
• General fair housing-type posters, including, perhaps, pamphlets. It is best if you can secure these through so recognized fair housing organization, such as the Fair Housing Council of Oregon or HUD.

(2) Things that should not be posted due to potential liability.

• Do not post the names of tenants or any other personal non-public information.

• Copies of bad checks - Murphy's Law says the drafter could have some reasonable explanation or bank error, etc.
• Unless it is vetted by your attorney, I don't encourage posting a long list of "Don's" such as unleashed pets, etc. I say this because it can give the wrong picture of management. If you have them covered in the rules, that's enough - no need to shout.
• You'll notice above that I said "General fair housing-type posters," etc. There are several reasons: (a) There are many protected classes, and some municipalities have certain ordinances that add others. You don't want to inadvertently miss one or more. (b) Too much information detracts from the message, which is that you follow the fair housing laws. (c) Since there is always a risk of testers coming to the office, you don't want to open up a discussion about specific protected classes, etc.

On screening criteria I would give a cautious "yellow" light. Remember there always exceptions and if made, it exposes you to complaints from others seeking the same exception. If there are some simple, basic, criteria, e.g. 55+ rules, OK, so long as there is a proviso stating that they are general in nature, and other restrictions or limitations may apply - and direct the reader to the community rules. So not post any limits regarding occupancy, since the number of permitted occupants in a home can be dependent on the size and number of bedrooms, and federal law is different that Oregon law. Do not include income formulas, etc., since source of income, e.g. is protected, and you don't want to post incorrect information.

If you have a community-wide "no marijuana" policy, I'm generally OK with posting it, but make it's vetted by your attorney.