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1. How to Initiate Mediation or Informal Dispute Resolution

Mediation may be initiated by a Landlord, a Tenant or Group of Tenants. Either party may contact the mediation services available through: (a) park/marina manager, (b) Local Community Dispute Resolution Center (CDRC), or (c) Manufactured and Marina Communities Resource Center (MMCRC) hotline: 1-800- 453-5511 (Toll Free in Oregon) or email:hcs.mmcrc@oregon.gov or the MMCRC Website.

2. Disputes Eligible for Mandatory Mediation

• Those between the landlord and one or more tenants, initiated by any party.

• Those between more than one tenant as initiated by the landlord.

• Information dispute resolution, disputes between two tenants, initiated by either party. Consistent with statute, upon intake the CDRC will determine the eligibility of an issue for mediation (reference Section 6 below).

3. Good Faith Efforts

Participants must make good faith effort to: (a) schedule a mediation within 30 days after initiation: (b) attend and participate; and (c) cooperate with reasonable requests of the mediator.

4. Mandatory mediation only:

 If a party refuses to participate in good faith in mandatory mediation with another party, or uses mediation to harass another party, the other party:

(a) has a defense to a claim related to the subject of the dispute for which mediation was sought; and

(b) is entitled to damages of one month’s rent against the party.

Effect of Filing for Mandatory Mediation

Between the commencement and conclusion of the mediation:

• If the request for mandatory mediation is made before the landlord files a Forcible Entry5. 6.and Detainer, Oregon Revised Statute 90.767 calls for a “stay” or “toll” (suspension) of

any related court action until conclusion of the mandatory mediation.

• A party may not file a court action over the dispute until conclusion of the mandatory mediation; (c) tenant has continuing duty to pay rent; and (d) landlord’s receipt of rent does not constitute a waiver under Oregon Revised Statute 90.412(2).

5. Matters Subject to Mandatory Mediation

Except as provided in Section 6, below, the following disputes are eligible for mediation:

(a) landlord or tenant compliance with the rental agreement or Oregon Revised Statute Chapter 90 (Oregon landlord/tenant statutes); (b) landlord or tenant conduct within the Park/Marina; and (c) rule changes initiated under Oregon Revised Statute 90.610.

Matters Not Subject to Mandatory Mediation

Unless specifically provided for in a mediation policy established under this section, or agreed to by all parties, no party may initiate mediation for:

(a) Facility closures consistent with ORS 90.645 or 90.671.

(b) Facility sales consistent with ORS 90.842 to 90.850.

(c) Rent increases consistent with ORS 90.600.

(d) Rent payments or amounts owed.

(e) Tenant violations alleged in a termination notice given under ORS 90.394, 90.396 or

90.630 (8).

(f) Violations of an alleged unauthorized person in possession in a notice given under ORS

90.403.

(g) Unless initiated by the victim, a dispute involving allegations of domestic violence,

sexual assault or stalking or a dispute between the victim and the alleged perpetrator.

(h) A dispute arising after the termination of the tenancy, including under ORS 90.425,

90.675 or 105.161.

7. Confidentiality

Subject to Oregon Revised Statute 36.220 (confidentiality of mediation communications and agreements), all communications between the parties and mediator are strictly confidential and may not be used in any legal proceedings.

8. Limitations on Mandatory Mediation Process

Participation in mediation does not require any party to: (a) reach an agreement on any or all issues submitted; (b) participate in more than one mediation session; (c) participate foran unreasonable length of time in a mediation session; or (d) waive or forego any legal rights or remedies.

9. Designees for Parties

Any party may designate any other person, including a non-attorney(“Designee”), to represent the interests of that party provided that the Designee has complete written authority to bind that party to any resolution of the dispute reached in mediation. The Designee shall be equally bound by all rules of the mediation, including confidentiality.

10. Resolution/Nonresolution

The mediator shall notify Oregon Housing and Community Services whether a dispute was resolved but may not disclose the contents of any resolution.

This article was created by Oregon Housing and Community Services

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. Rules banning children from playing in common areas—or placing unreasonable limits on what they can do outside—could lead to accusations that you are treating families with children less favorably than adult households living at the community.

Example: In January 2015, a court approved a $20,000 settlement in a fair housing case against a California community filed by a mother on behalf of her two young children. The complaint alleged that the children, ages 7 and 5, were repeatedly warned against riding their scooters in the common area of the complex. Allegedly, an employee said they couldn’t ride scooters, bikes, or skateboards and threatened to evict her if he caught them again. When he saw them the next day, the employee allegedly used his cell phone to record them and yelled at them. Some weeks later, the mother said the children were were riding their scooters when the manager ran up and screamed at her son, and then handed her a formal warning.

After receiving another warning, the mother sued the community for discrimination. The parties settled the case by signing a confidential agreement, which called for the court to approve $10,000 payments to each child to be held until they reached adulthood. The court ruled that the settlements were reasonable given the alleged wrongs and injuries described and were consistent with the range of settlements in similar cases [Milton v. Regency Park Apartments, January 2015].

Even if you adopt rules that govern all residents—not just children—you could still face a discrimination claim if you enforce the rule only against children. Singling out children for breaking the rules against noisy behavior in common areas while ignoring similar transgressions by adults could lead to a fair housing claim based on familial status.

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 subjective that reasonable people could differ about what constitutes a violation.  If necessary, use an example.  If the rule must necessarily be open-ended (e.g. prohibiting loud and disturbing noise or offensive behavior), tie the violation to whether the conduct results in complaints from other tenants.  That way the issue does not become whether the manager is arbitrarily exercising his or her own discretion.
2. Updating the Rules.  Oregon landlord-tenant statutes can change every two years when the Legislature meets.  Circumstances and needs can change more frequently than that.  At least once a year, take a look at your rules to see if they are legally sufficient and whether they meet the community's present needs.  It is much easier to make smaller changes to the rules one or two at a time rather than trying to get the tenants to agree to a wholesale change of all the rules at once.  If your tenants are on leases, you have the right to submit new park documents (i.e. rules and rental agreement) not less than 60 days prior to the expiration of the lease term.  A tenant shall accept or reject the landlord's proposed new rental agreement at least 30 days prior to the ending of the term by giving written notice to the landlord.  If accepted, the rules and rental agreement will define your new rental relationship with the tenants.  It is one good way to update your rules, without having to go through a formal rules change.
3. Legally Adopting Your Rules.  If the tenants are on month-to-month tenancies, Oregon law requires that the landlord must give at least 30 days' advance written notice to make a change in the rules.  If 51% or more of the tenants affected by the rule change object within the 30 days of service of the notice, the change(s) will not go into effect.  However, if less than 51% object, the new rule(s) will become effective in 60 days from the date the notice was served on the tenants.  The law regarding the contents and timing of the notice of rule change must be strictly followed.  ORS 90.610 describes the process.  Read it carefully!  Simply sending a letter to the tenants informing them of a change in the rules is insufficient.  If the rules are not properly adopted they will not be enforceable.  Frequently, the landlord or manager will first learn that their rules were improperly adopted when they try to enforce them.  If one or more of the rules you seek to adopt are opposed by a small but vocal minority who lobby the rest of the tenants against your change, consider meeting with them prior to giving notice of the proposed change, in an effort to mutually draft language that everyone would find acceptable.  If over 51% of the effected space still object, consider implementing the new rules for all newincoming tenants only.  That way, over time, the new rules will have wider and wider application as the older tenants

4. Keeping Track of Your Rules.  If there are more than one set of rules (i.e. old rules for existing tenants and new rules that are given to new tenants) make sure you keep track of which rules apply to which tenant.  Put copies of the applicable rules, together with the rental agreement and statement of policy, in each tenant's file.  Attempting to enforce the wrong rules against a tenant can result in disaster.  Show the date of the latest revision on the first page or, better yet, on the footer of each page.
5. Troublesome Issues.  There are some issues that seem to never go away.  Occupancy issues are one of those troublesome areas that frequently result in litigation.  If your community has rules limiting the time a visitor can stay, make sure it is clear and unambiguous.  Frequently tenants try to avoid these limits by calling their visitor a "house-sitter."  The best approach is to set a definite date, e.g. two weeks, and require that all persons who remain over that period of time must satisfy the same requirements as imposed on incoming tenants - e.g. background check, criminal check, references, etc.  Require that they sign the rental agreement.  If the existing tenant attempts to get around these occupancy rules by arguing that the person is there to provide necessary assistance because of certain physical or emotional disabilities, legal counsel should be immediately consulted due to Fair Housing implications.
6. Consistent Enforcement.  It is not uncommon for landlords and managers to grant exceptions and extensions of time for tenants to come into compliance with a particular violation.  However, landlords can get into trouble when they ignore some violators and enforce the rules against others.  Maintenance violations are a good example.  In order to enforce these rules you must be consistent.  Regular community inspections should be made.  Warnings should be given uniformly to all violators.  Thirty day notices should be given only as a last resort.  If the tenant requests an extension of time to comply, put the agreement in writing.  In those cases where legal action may need to be taken, make sure legal counsel reviews the case before filing the eviction.   Make sure your attorney is aware of your prior efforts to secure the tenant's compliance.  It is always best if the tenant's file shows a clear paper-trail of your efforts to secure voluntary compliance.

Rules and regulations are not foolproof.  Some tenants will always try to find reasons why they do not apply to them.  But clarity, consistency, and fair enforcement will go a long way in keeping peace and harmony in your manufactured housing community.

Answer:  Absent an agreement that the Landlord has assumed this responsibility, ORS 90.740(4) provides that maintenance of the Space is the Tenant’s responsibility. This includes the following:

      (b) Keeping the rented space in every part free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin as the condition of the rented space permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem;

***

      (h) Maintaining, watering and mowing or pruning any shrubbery or grass on the rented space;

      (i) Maintaining and watering trees, including cleanup and removal of fallen branches and leaves, on the rented space for a manufactured dwelling except for hazard trees as provided in ORS 90.727.

So, to the issue of the Tenant refusing to perform their ORS 90.740(4) duties, the Landlord’s main alternative is to issue a 30-day notice to terminate the tenancy pursuant to ORS 90.630(1)(b).

However, if you do not want to pursue that remedy, you need to first understand the limitations on your right of access. Be aware that the issue of entering a Tenant’s Space is fraught with risk relating to Tenant claims of damage to the property and lack of legal consent. During the tenancy, a Landlord’s rights are governed by ORS 90.322, which limits access to:

• Inspection of the premises;
• Making necessary or agreed repairs, decorations, alterations or improvements;

• Supplying necessary or agreed services, perform agreed yard maintenance or grounds keeping; or
• Exhibiting the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.

However, assuming no emergency,[1] and absent a written agreement providing otherwise, Landlords must give at least 24-hours’ actual notice[2] of the intent to enter, but only at reasonable times. An “unreasonable time" is defined as: “…a time of day, day of the week or particular time that conflicts with the tenant's reasonable and specific plans to use the premises.” The open-ended nature of this language leaves room for argument, but my interpretation (without reading the case law) on what should be reasonable is weekdays between  9:00 AM and 5:00 PM, and Saturdays, 10:00 AM – 4:00 PM. I would avoid Sundays if possible, unless with Tenant’s consent.

Conclusion. I do not believe accessing a Tenant’s Space to perform work (except in the case of an emergency) is a good option because of the many things that could go wrong. I assume you have already made several reasonable attempts via personal contact, telephone and/or email to secure the Tenant’s cooperation and informed him/her that if the requested work is not performed, you intend to gain access, perform the work, and send out a bill for services. Knowing his recalcitrance, what makes you believe the Tenant will be OK with you or your contractor taking self-help action? And how are you going to determine the cost? Is it reasonable? Will the work be done to current standards? And by the way, is your insurance carrier going to cover the cost of defending you when the Tenant’s lawsuit is filed?

The only reasonable basis for proceeding down this risky path would be to have this remedy clearly defined in your Rules and Regulations. What would it look like? That’s up to your attorney, but for starters, you might list the parade of horribles that could go wrong, and proceed from there. And if that is not enough to dissuade you from this undertaking, know this: Notwithstanding your plans, the statute allows the Tenant the right to deny access by giving you “actual notice” at any time prior to entry. The next stop will be court.

Under these circumstances, a 30-day notice to terminate the tenancy may be the most effective tool in either securing the Tenant’s cooperation - or eviction. Good luck!

[1] “Emergency” includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant’s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time 

[2] This term is defined in governed by ORS 90.150, and includes verbal and written notice. It should be closely reviewed before proceeding.

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. 

As per ORS 90.100 (54), “vacation occupancy” is defined as: (1) The occupant is renting the RV space for vacation purposes only, not as a principal residence, (2) the occupant has a principal residence other than at the space, (3) the period of occupancy cannot exceed 90 days, (4) the RV must be removed from the park at the end of the occupancy period, and (5) a written agreement signed by the occupant states that occupancy of the space in the RV park is a vacation occupancy and is NOT subject to the Oregon Residential Landlord and Tenant Act (ORS Chapter 90).

Since vacation occupants are not “tenants,” they may be asked to vacate at any time without issuing an eviction notice or going to court.  If necessary, law enforcement may be called to remove vacation occupants as trespassers if they refuse to leave.  In that case, you must have a copy of the written vacation occupancy agreement available to show the responding officers that the occupants are not tenants under Oregon law and can be cited for trespassing.  They are effectively the same as a hotel guest that refuses to leave.

If, for some reason, law enforcement refuses to remove a vacation occupant, you might need to file an eviction case in your county circuit court.  Be sure not to accept payment from the person for any period of time after the 90-day occupancy period or it could create a tenancy.  You will need to file an eviction case for a “tenancy not covered by ORS Chapter 90.”  The court clerk should have a complaint form that you can use, or consult with an attorney to file the case.

Mark L. Busch, P.C., Attorney at Law, Cornell West, Suite 200, 1500 NW Bethany Blvd., Beaverton, Oregon 97006; Phone: 503-597-1309; Web:  www.marklbusch.com

Later this week, the Oregon House Committee on Housing and Homelessness will introduce an amendment to HB3054 (Rent Control & Vacancy Control). The committee is expected to adopt this amendment later in April. MHCO has been negotiating with Rep Marsh (Committee Chair), but no agreement was reached as negotiations ended several weeks ago. 

The amendment to be introduced removes ‘vacancy control’ and increases the rent cap to 6% (the original bill limited rent increases to CPI). The new amendment also exempts communities/marinas with 30 or less units. MHCO is waiting to review the actual amendment and will provide further analysis once the actual language is available.

In the meantime, here is a summary of the amendment:

1. Applies only to the tenancies of the homeowners of manufactured dwellings and floating homes who rent a space in parks and marinas, known collectively as facilities.

2.      Lowers the maximum allowed annual rent increase to 6 percent from the current level of 7 percent plus CPI capped at 10 percent (SB 608 (2019)). 

a.       Parks and marinas with 30 or fewer spaces are exempted from this lower maximum and continue to be covered by the current level.

3.      Exception: Landlords of facilities with more than 30 spaces may increase the rent once every five years to 12 percent to address a significant infrastructure repair, upgrade, or addition cost, with the approval of the homeowners of at least 51 percent of the occupied spaces. 

a.       The bill describes requirements for this written vote including a written proposal with estimated costs and time frame, and with a recapture penalty if the improvement is not completed.

4.      Clarifies that a landlord may not require a selling tenant or a purchasing tenant to make aesthetic or cosmetic improvements to the home as a condition of approving a sale.  

a.       Note that an example of an aesthetic improvement would be a change in the paint color of the exterior of the home; peeling or faded paint is already defined as “deterioration,” and the law allows a landlord to require correction during a tenancy or as a condition of a sale. 

5.      Prohibits landlords from requiring selling tenants or purchasers to consent to or obtain an inspection of the interior of the home. 

a.       Note that current law requires a tenant to keep the home “safe from the hazards of fire,” which would include the exterior and the interior of the home. 

MHCO remains opposed to the amendment.

Answer:  This question relates, in part, to the Q&A that immediately preceded this one regarding the tenant who refused to maintain their Space. Please review it. The major difference here is that Tenant also has a duty to “Use electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems;” (Emphasis added.) See, ORS 90.740(4)(f). This means that from the point of connection from the ground below the home and into the home, is the  Tenant’s responsibility.

So, to the issue of the Tenant refusing to perform their ORS 90.740(4)(f) duties, the Landlord’s best alternative is to issue a 30-day notice to terminate the tenancy pursuant to ORS 90.630(1)(b).

In answer to whether you could – following advance written notice – access the Tenant’s space and perform the repairs yourself, I strongly recommend not doing so, even if your rules or rental agreement allow for it. Tampering with the water system affecting the home could result in defective repairs and potential damages, including to Tenant health and safety. You do not want that liability.

Should you decide otherwise, be aware that the issue of entering a Tenant’s Space is fraught with risk relating to Tenant damage claims. During the tenancy, a Landlord’s rights are governed by ORS 90.322, which limits access to:

• Inspection of the premises;
• Making necessary or agreed repairs, decorations, alterations or improvements;

• Supplying necessary or agreed services, perform agreed yard maintenance or grounds keeping; or
• Exhibiting the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.

However, assuming no emergency,[1] and absent a written agreement providing otherwise, Landlords must give at least 24-hours’ actual notice[2] of the intent to enter, but only at reasonable times. An “unreasonable time" is defined as: “…a time of day, day of the week or particular time that conflicts with the tenant's reasonable and specific plans to use the premises.” The open-ended nature of this language leaves room for argument, but my interpretation (without reading the case law) on what should be reasonable is weekdays between  9:00 AM and 5:00 PM, and Saturdays, 10:00 AM – 4:00 PM. I would avoid Sundays if possible, unless with Tenant’s consent. The best way to deal with an emergency here would be to turn off the Tenant’s water (with proper advance notice if possible, or immediately following your access.

Conclusion. Accessing a Tenant’s Space to perform repairs to the water pipes entering their home is not a good option. As soon as you become aware of the problem, notify the Tenant to immediately perform the repairs. If the tenant refuses, consider, after consulting with legal counsel, turning off the water to the space.

Under these circumstances, a 30-day notice to terminate the tenancy is the most effective tool in either securing the Tenant’s cooperation - or eviction. Deciding whether to also turn off the water would be up to your attorney’s advice. Good luck!

[1] “Emergency” includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant’s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time 

[2] This term is defined in governed by ORS 90.150, and includes verbal and written notice. It should be closely reviewed before proceeding.

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. This applies whether the resident has a past or pending discrimination complaint, helped another resident to file a complaint, or made a disability-related request for a reasonable accommodation or modification.

And you could be liable for retaliation regardless of whether the resident had a legitimate fair housing claim in the first place. The law applies simply because you took action against the resident for exercising her rights under fair housing law, even if the resident ultimately loses the original case.

You don’t have to tolerate misbehavior by a resident simply because he’s filed a previous discrimination complaint or accommodation request. But before taking action against the resident, you should call your attorney to make sure you have everything in place to dispel any suggestion of retaliatory motives with evidence showing legitimate, nondiscriminatory reason for your actions.

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. Otherwise, the courts could be flooded with litigants seeking recovery for stale cases which could be difficult to defend due to the lack of witnesses, loss/destruction of evidence, and poor memory. The concepts applies not only to the landlord and tenant claims against each other, but personal injury cases, business disputes, property damages, etc.

The statute, ORS 12.125 is deceptively simple: “An action arising under a rental agreement or ORS chapter 90 shall be commenced within one year.” It is a two-way street; landlords have one year to recover past due rent, and tenants have one year to bring claims against their landlords.

However, there are several exceptions:

• For example, some claims are “continuing,” so just because there was a tenant habitability violation at the commencement of the tenancy, in say, May 15, 2023, does not mean the tenant has no claim today for the same violation. If it continued to today only means that the tenant’s damage claim can go back 12 months; there can be no recovery before then. But if the claim is a single isolated event, say the landlord unlawfully entered the tenant’s premises on May 15, 2023, the claim would have lapsed on May 15, 2024. (Assuming the tenant knew, or reasonably should have known, of the intrusion.)
• The party bringing the claim must have known that the claim arose (using the “reasonable person standard”) before the applicable statute will commence running. If for example, the tenant was injured from contaminated well water in 2023, but didn’t learn of it until today (after the well had been repaired), the one-year statute might not commence running until the tenant knew or should have known of the contamination. (Note, this example does not address the general 2-year statute of limitations for personal injury. So even if the 1-year statute under the rental agreement or Chapter 90 did expire, the 2-year statute would still apply and preserve the injury claim.)
• Lastly, Oregon has certain “tolling” statutes which suspend the running of the applicable period of limitations if the aggrieved party is under some legal disability, such as incompetence, or the potential defendant conceals themselves.

Conclusion. Fortunately, the above exceptions normally don’t come into play when we’re talking about Oregon’s landlord-tenant laws. This is because most cases involving residential tenants relate to recovery of unpaid rent, which usually means the landlord would have already evicted the tenant long before allowing nonpayment to continue for 12 months. If not, landlords should – through legal counsel – secure a written agreement that the tenant consents to suspending (i.e. “tolling”) the one-year period.[1] Conversely, landlords have the satisfaction of knowing that despite a tenant’s frequent threats to file a lawsuit for some perceived violation, once the actionable event continues past one year, it has likely lapsed.

The take-away is the statutes of limitation issues under the Oregon landlord-tenant law can become confusing based upon when they commence and end. Always check with your legal counsel when an issue arises

[1] Caveat: Landlords must be careful about entering into written agreements with tenants addressing legal issues such as the waiver of a claim, without making sure the tenant will have the document reviewed by their own legal counsel before signing.

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 tenants in park-owned homes.

There is a “modified” 3-strikes rule that might work, but it requires the park to enter into fixed-term rental agreements with RV tenants instead of the typical month-to-month agreements.  Under ORS 90.427 (7), a fixed term tenancy can be terminated and does not become a month-to-month tenancy at the end of the term if the tenant commits three or more violations within the preceding 12 months (i.e., receives three or more 10-day notices).  However, this option requires the landlord to issue written warnings with specific statutory language each time the tenant commits a violation.  It also requires a 90-day termination notice correlating with the end of the fixed term.  Since this “modified” 3-strikes rule requires fixed-term tenancies, considerable paperwork, and special forms, it is not the ideal option.

A better option is to use month-to-month rental agreements and never allow any RV tenant to stay in the park for more than 12 months.  Since RV tenants can be evicted with a 30-day,

no-cause termination notice during their first year of occupancy, this gives you the option of giving a 30-day notice if the tenant starts falling behind on rent.  Conversely, it also requires you to issue 30-day notices to anyone approaching 12 months living in the park.  This might be contrary to your park’s business model if you rely on keeping long-term residential RV tenants rather than short-term tenants.

(CAVEAT: The cities of Portland, Eugene, and Milwaukie require 90-day notices within the first year of occupancy, not 30-day notices.  Portland and Eugene also impose “relocation assistance” payments to tenants.  Consult an attorney before issuing no-cause notices in these cities.)

For RV tenants who have lived in the park for more than one year, the park’s options are limited.  The best you can do is regularly issue 10-day nonpayment notices every month to keep tenants paying rent on time.  If they don’t pay by the 10-day deadline, file in court and try to get them to agree on a stipulated court move-out agreement at the 1st court appearance hearing.  If that doesn’t work, keep issuing 10-day nonpayment notices every month.  Also keep up the pressure by issuing 30-day notices every month for nonpayment of late fees and utilities (MHCO Form 205).

Mark L. Busch, P.C., Attorney at Law, Cornell West, Suite 200, 1500 NW Bethany Blvd., Beaverton, Oregon 97006; Phone: 503-597-1309; Web:  www.marklbusch.com