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A: The landlord did several things wrong:

(a) he/she failed to reduce the agreement to writing, saying, for example, that the niece had to comply with all of the rules and regulations, that she was responsible for the rent, and generally fully memorializing the arrangement.

(b) the landlord failed to fully qualify the niece and failed to have her sign a rental agreement (or occupancy agreement) before taking possession. However, none of this means that the landlord is not without a remedy.

The original resident is still the tenant under the rental agreement and still responsible for the rent. It is quite possible that the niece is also a "tenant" in a legal sense. The landlord could and should be sending out 72-hour notices to the space naming both the resident and the niece. If the landlord has the phone number of the original resident, he/she should let them know what is going on. Under 90.630 if three or more 72-hour notices are sent with any 12 month period, the landlord may then issue a 30-day non-curable notice of termination. I suggest at least 4 such notices, just to be on the safe side. A more risky (and untested) approach, is to simply issue a 30-day notice of termination under the general (i.e. non-manufactured housing section of the law) landlord tenant law. It is my opinion that the landlord would be within their right to do so, since the occupant is not the owner of the home and the owner of the home is not the occupant. The manufactured housing section of the law - which requires that all notices be "for cause" does not technically apply here because of this distinction. However, before proceeding down this path, the landlord should obtain legal advice.

Answer: All good questions, and ones that I have not addressed for some time. There are several statutes that come into play:

90.514 Disclosure to prospective tenant of improvements required under rental agreement.

(1) Before a prospective tenant signs a rental agreement for space in a manufactured dwelling park or for a converted rental space, the landlord must provide the prospective tenant with a written statement that discloses the improvements that the landlord will require under the rental agreement. The written statement must be in the format developed by the Attorney General pursuant to ORS 90.516 and include at least the following:

(c) Identification of the improvements that belong to the tenant and the improvements that must remain with the space.

90.730 Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition.

(7) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

(b) The agreement does not diminish the obligations of the landlord to other tenants on the premises; and

(c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

90.740 Tenant obligations. A tenant shall:

(1) Install the tenant's manufactured dwelling or floating home and any accessory building or structure on a rented space in compliance with applicable laws and the rental agreement.

In summary, what these statutes, and other in ORS Chapter 90 mean, is the following:

• When the landlord rents a space, it includes all pre-existing structures located on the space, such as carports and sheds.
• Does this mean the carport or shed must be maintained by the resident? In my opinion, not unless the rental agreement or rules provide otherwise. And if they so provide, it must be clearly disclosed at the commencement of the tenancy. If the roof leaked and the resident's belongings were damaged, the landlord could have liability.
• If a landlord wanted to transfer ownership of the carport or shed, the arrangement should be clearly documented, including the duty to maintain, and the right to remove upon vacating the space.
• In terms of a "downside" I see very little so long as the responsibility going forward is clear; on the other hand, I see a "downside" in doing nothing, and then each side expects the duty of maintenance belongs to the other - and as pointed out above, if the structure leaks or has a fire, etc., the landlord could have liability.
• When a space changes hands, and you want to transfer the maintenance responsibility at that time, you can do so, as long as it's clear and fair. You cannot, for example, require that a shed that has maintenance problems, be rebuilt or be repainted.
• On the issue of reducing the rent, ORS 90.730(7), cited above, does refer to adequate consideration if the maintenance responsibility is shifted from the landlord to the resident. That may be true where you don't transfer ownership of the structure to the resident. But if you do transfer ownership, and the resident, that is adequate consideration (in my opinion), so long as it is in good condition, and the arrangement was not done solely to avoid having to perform repairs. I would want to make sure that the structure was in good condition at the time, fully inspected by the resident, and the transaction clearly documented.
• As for the sharing of carports, one owned and the other not, it would be nice to get clarity on this between the two residents. The same rules apply, i.e. if the structure is in good repair, and the non-owner is willing to take ownership and assume maintenance responsibility, it would be better than what you have right now. As it stands, you, technically, have maintenance responsibility for the portion of the structure that is park-owned. This likely makes for confusion when repairs, such as roofing and painting are required.

Answer: Under ORS 90.675(20), death of a resident living alone triggers the abandonment procotols.

1. First you need to determine if there is a personal representative ("PR") named in a will or appointed by a court to act for the deceased tenant. If not, is there a person designated in writing by the tenant to be contacted in the event of their death. (Of course, the best practice is to have this information, in advance, for all residents living alone.)
2. If you do not have any contact information, you may have to do some research, which means checking the decedent's rental application, or checking with neighbors. My experience is that when an older person passes away, relatives and others come out of the woodwork. Eventually you will need to identify some person who is willing to assume responsibility for the decedent's property.
3. There is such a thing as a Small Estate Probate, and most counties have the available forms. That would be the best approach for the responsible person to go through.
4. However, note that as a landlord/manager, your job is to get the space re-rented, either by a sale of the home to an approved resident, or removal of the home and re-siting of another.
5. The 45-day abandonment letter must be sent by first class mail to the deceased tenant at the premises, and personally delivered or sent by first class mail to the PR or designated person, if actually known to you. (Note: The 45-day letter must refer to the personal representative or designated person, instead of the deceased tenant.)
6. If the PR or designated person, or other person entitled to possession of the property, such as an heir, responds to you by actual notice (E.g. verbal contact, phone call, email, fax, etc.) within the 45-day period set forth in the 45-day letter, and requests to enter into a written Storage Agreement, you must do so.
7. The written Storage Agreement should provide that the home and personal property may not be sold or disposed of for up to 90 days, or until the conclusion of any probate proceedings, whichever is later.
8. The written Storage Agreement entitles the PR or designated person to store the personal property on the space during the term of the agreement, but does not entitle anyone to occupy the home. You should secure it, even if it means changing the current locks. You duty commences the moment you send the 45-day letter.
9. If a written Storage Agreement is signed by yourself and the responsible party, you may not enter into another such agreement with the lienholder until the signed until the agreement with the personal representative or designated person ends.
10. During the term of the Storage Agreement, the PR or designated person has the right to remove or sell the home and personal property (including a sale to a purchaser, or a transfer to an heir who wishes to leave it on the rented space and become a tenant - subject to the approval of background information that you have as a landlord or manager under ORS 90.680).
11. You may condition approval for occupancy of any purchaser or heir upon payment of all unpaid storage charges and maintenance costs.
12. If the PR or designated person violates the signed Storage Agreement, you may terminate it by giving at least 30 days written notice stating facts sufficient to notify him/her of the reason for the termination. Unless the PR or designated person corrects the violation within the 30-day period, the Storage Agreement will be terminated, and you may sell or dispose of the home and property without further notice to them.
13. Upon the failure of a PR or designated person to enter into a written Storage Agreement, or upon termination of the Storage Agreement, you may sell or dispose of the property pursuant to the statute (ORS 90.675) without further notice to them (unless the parties otherwise agree, or the PR or designated has already sold or removed the property).

Answer: The Oregon landlord-tenant law does not "require" that a landlord accept partial payments. To the contrary, it provides that it is 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 rental agreement... ."

A landlord may refuse to accept the tender of partial rent of rent that is not paid on time. However, if the landlord agrees to accept a partial payment of rent he/she may do so, although it should be clearly described in a well-drafted written agreement.

Such partial payments do not constitute a waiver of the right to later demand prompt performance in the future. Nor do they prevent the landlord from terminating the tenancy if the balance of the rent is not paid as agreed.

However, there are some pitfalls that the landlord must be aware of: Acceptance of a partial payment waives the right of termination if accepted after issuance of a 72-hour or 144-hour notice of termination.

When presented with a partial payment issue, landlords are wise to closely review ORS 90.417. Lastly, consistent application is important - i.e. if the landlord has permitted partial payments by some residents, he/she would be hard-pressed to disallow others the right to do so without good reason.

Here are a summary of how ORS 90.417 applies to this case:

• 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 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. Doing so does not constitute a waiver, if properly documented. Here is what the landlord must do to avoid waiver:
  • The partial payment must have been made before the landlord issued a 72-hour or 144-hour notice for nonpayment.
  • The landlord must enter into a written agreement with the tenant stating that the acceptance does not constitute waiver.
  • The agreement should provide that the landlord may terminate the rental agreement and take possession as provided in the Oregon FED laws if the tenant fails to pay the balance of the rent by a time certain.
  • The tenant must agree in writing to pay the balance by a date/time certain.
• If the balance is not paid according to this written agreement, the landlord may serve a 72-hour or 144-hour nonpayment of rent notice - but it must be served no earlier than would have been permitted under the rental agreement and the law, had no rent been accepted.[1]
• Notwithstanding a landlord's acceptance of a partial payment of rent, the tenant continues to owe the landlord the unpaid balance of the rent. In other words, acceptance of partial rent does not eliminate the duty to pay the balance.

[1] This somewhat confusing statement is meant to avoid a situation where the agreement for partial payment called for payment of the balance before rent would have otherwise been due. For example, if rent is due on the first and late on the 7th, then the earliest a 72-hour or 144-hour notice could be served would be the 8th day of the month. Thus the agreement for payment of the balance of the rent may not require that the tenant pay it before the 7th day of the month.

Answer: The Oregon landlord-tenant law does not "require" that a landlord accept partial payments. To the contrary, it provides that it is 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 rental agreement... ."

A landlord may refuse to accept the tender of partial rent of rent that is not paid on time. However, if the landlord agrees to accept a partial payment of rent he/she may do so, although it should be clearly described in a well-drafted written agreement.

Such partial payments do not constitute a waiver of the right to later demand prompt performance in the future. Nor do they prevent the landlord from terminating the tenancy if the balance of the rent is not paid as agreed.

However, there are some pitfalls that the landlord must be aware of: Acceptance of a partial payment waives the right of termination if accepted afterissuance of a 72-hour or 144-hour notice of termination.

When presented with a partial payment issue, landlords are wise to closely review ORS 90.417. Lastly, consistent application is important - i.e. if the landlord has permitted partial payments by some residents, he/she would be hard-pressed to disallow others the right to do so without good reason.

Here are a summary of how ORS 90.417 applies to this case:

• 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 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. Doing so does not constitute a waiver, if properly documented. Here is what the landlord must do to avoid waiver:
  • The partial payment must have been made beforethe landlord issued a 72-hour or 144-hour notice for nonpayment.
  • The landlord must enter into a written agreement with the tenant stating that the acceptance does not constitute waiver.
  • The agreement should provide that the landlord may terminate the rental agreement and take possession as provided in the Oregon FED laws if the tenant fails to pay the balance of the rent by a time certain.
  • The tenant must agree in writing to pay the balance by a date/time certain.
• If the balance is not paid according to this written agreement, the landlord may serve a 72-hour or 144-hour nonpayment of rent notice - but it must be served no earlier than would have been permitted under the rental agreement and the law, had no rent been accepted.[1]
• Notwithstanding a landlord's acceptance of a partial payment of rent, the tenant continues to owe the landlord the unpaid balance of the rent. In other words, acceptance of partial rent does not eliminate the duty to pay the balance.

[1]This somewhat confusing statement is meant to avoid a situation where the agreement for partial payment called for payment of the balance before rent would have otherwise been due. For example, if rent is due on the first and late on the 7th, then the earliest a 72-hour or 144-hour notice could be served would be the 8thday of the month. Thus the agreement for payment of the balance of the rent may not require that the tenant pay it before the 7thday of the month.

Answer: You are referring to MHCO Form 35B "Manufactured Home Storage Agreement (With Homeowner)." Before addressing your specific questions, it is necessary to point out what this form is intended to do. Here are some that come quickly to mind: (a) A resident, living alone, moves out of the home and wants to sell it on site; (b) A person inherits or buys the home, but cannot be approved for occupancy due to the background check or their financial condition; (c) A resident, living alone, passes away, and the estate wants to sell it.

It is important to remember that this is a "storage" agreement not a "rental" agreement. In fact, it expressly disclaims a "landlord-tenant" relationship between the community and the home owner. Accordingly, the legal relationship is more akin to one in which a party stores their property in a commercial storage facility.

You should not treat a breach of the Storage Agreement as something that is remedied by going to FED court. Rather, the provisions of Oregon law dealing with statutory liens in ORS 87.152 et. seq. apply. This process can get very complicated, and I highly recommend that you secure the services of an attorney before proceeding.

Lastly, the MHCO Storage Agreement contains a provision for mandatory arbitration, in lieu of any other court or legal process. However, the box on the form must be checked in order for it to apply. The reason that this arbitration alternative exists is because it was believed that the process mandated by the statutes might be better implemented for park owners through arbitration, which can be cheaper, faster, and easier - especially if the matter becomes contested.

The MHCO form does require that the home be maintained by the owner. Accordingly, you may wish to consider sending a notice to the owner demanding that they do the clean-up work or you will do so, and pass the charge on to them. I don't think the issue of payments and maintenance are the same. Accordingly, I don't believe there is a need to discontinue accepting payments. However, all of this needs to be handled carefully, and for this you should speak with your attorney.

Answer.  First, let’s deal with the vacant mobile home next door to the troublesome neighbor. You need to review your community rules and the rental/lease agreement to see what restrictions might apply. 

The MHCO Rental/Lease Agreement contains a quiet enjoyment provision similar to ORS 90.740which requires that the tenant “…(b)ehave, 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.”[1] 

I assume you have already contacted the problem tenant and requested he/she refrain from such conduct. I would elevate this to a written warning, so you have documentation in the file should he refuse to stop.

The next step, if he/she continues, is, depending upon the applicable provisions of your rules and rental/lease agreement, to issue a notice of termination under ORS 90.630(1)(b) for a material violation of a “… rental agreement[2]provision related to the tenant’s conduct as a tenant and imposed as a condition of occupancy….”

And thanks to a 2019 legislative change, ORS 90.630now provides that a 30-day notice of termination may be issued if the prohibited conduct is a “…separate and distinct act or omission *** the tenant “…may avoid termination by correcting the violation by a designated date that is at least three daysafter delivery of the notice.” (Emphasis added.) If substantially the same conduct is repeated with six month after the termination date, a landlord may issue a non-curable 20-days’ notice of termination.[3]

As to the other tenant interfering with your manager’s efforts to rent an RV space, the manufactured housing section of ORS Chapter 90,[4]does not apply, so you must look to that portion of the landlord-tenant law that applies to all other rentals, such as homes and apartments, etc.[5]

You still need to review your rules and rental agreement for a quiet enjoyment provision, or use the statutory equivalent found in ORS 90.325(1)(g). The non-manufactured housing termination for cause statute, ORS 90.392applies. It contains the same “distinct act” and non-curable “repeat violation” provisions. It providesfollows:

· The notice must:

• Specify the acts and omissions constituting the violation;
• State that the rental agreement will terminate upon a designated date not less than 30 days after delivery of the notice; and
• If the tenant can cure the violation, state that the violation can be cured, describe at least one possible remedy to cure the violation and designate the date by which the tenant must cure the violation.

· If the violation described in the notice can be cured by the tenant by a change in conduct, repairs, payment of money or otherwise, the rental agreement does not terminate if the tenant cures the violation by the designated date.

· The designated date must be:

o At least 14 days after delivery of the notice; or

o If the violation is conduct that was a separate and distinct act or omission and is not ongoing, no earlier than the date of delivery of the notice as provided in ORS 90.155.

· If the tenant does not cure the violation, the rental agreement terminates as of the termination date provided in the notice.

· If substantially the same act or omission occurs with six months of the designated termination date, the notice of termination must be not less than 10 days after delivery of the notice, and the tenant does not have a right to cure the violation.

Lastly, I regard this conduct as a different type of activity than the normal Chapter 90 violations. You might consider discussing this with your attorney, since it clearly interferes with your ability to run your business. The loss of potential tenants can have serious financial consequences. Perhaps a letter to the troublesome tenants would be appropriate, warning them of financial claims if the conduct continues. 

Answer: You are referring to MHCO Form 35B "Manufactured Home Storage Agreement (With Homeowner)." Before addressing your specific questions, it is necessary to point out what this form is intended to do. Here are some that come quickly to mind: (a) A resident, living alone, moves out of the home and wants to sell it on site; (b) A person inherits or buys the home, but cannot be approved for occupancy due to the background check or their financial condition; (c) A resident, living alone, passes away, and the estate wants to sell it.

It is important to remember that this is a "storage" agreement not a "rental" agreement. In fact, it expressly disclaims a "landlord-tenant" relationship between the community and the home owner. Accordingly, the legal relationship is more akin to one in which a party stores their property in a commercial storage facility.

You should not treat a breach of the Storage Agreement as something that is remedied by going to FED court. Rather, the provisions of Oregon law dealing with statutory liens in ORS 87.152 et. seq. apply. This process can get very complicated, and I highly recommend that you secure the services of an attorney before proceeding.

Lastly, the MHCO Storage Agreement contains a provision for mandatory arbitration, in lieu of any other court or legal process. However, the box on the form must be checked in order for it to apply. The reason that this arbitration alternative exists is because it was believed (and still is) that the process mandated by the statutes might be better implemented for park owners through arbitration, which can be cheaper, faster, and easier - especially if the matter becomes contested.

The MHCO form does require that the home be maintained by the owner. Accordingly, you may wish to consider sending a notice to the owner demanding that they do the clean-up work or you will do so, and pass the charge on to them. I don't think the issue of payments and maintenance are the same. Accordingly, I don't believe there is a need to discontinue accepting payments. However, all of this needs to be handled carefully, and for this you should speak with your attorney.

Question:  A cable company has offered to install all of the equipment and infrastructure for park-wide cable services at no charge.  We are to receive a one-time payment in exchange for which we give the company an exclusive right to market their services to our residents. They have asked that we sign a written contract which is recordable.  The amount paid is confidential and that portion of the agreement may not be recorded.  There are several provisions that cause us some concern, one of which is whether there might be some violation of the Oregon landlord-tenant law.  What is your opinion?

Answer:  Without actually seeing the contracts, I can only address what I know about such agreements in general.  To that extent, this response must be considered general in nature, and not specific to any particular cable company or park.  I do not practice any form of law that deals with the regulation of utilities, so cannot comment on whether this arrangement complies with those laws.  You may wish to contact the appropriate regulator, just to make sure.

Oregon Landlord-Tenant Law.  In general, I know of no specific laws that would be directly violated by such agreements.  Cable services are covered under the law as "utilities. -"  Accordingly, ORS 90.532 governs, and you should review it.  I am assuming by your question, that the cable company has the right to contact the park residents and market their services.  Your question does not mention any costs to the park, so I assume the monthly service would be charged directly to the residents, if they choose to subscribe.  It is important that you become familiar with the subscription policies and fees, especially whether they are consistent with those provided outside the park.  Remember that you will be giving the company a "captive audience"and it may be difficult, if not impossible, to terminate the service, once you are under contract.  Will the marketing occur before installation of the infrastructure.  Will there be any minimum number of subscribers?  Will rates change and if so, could residents demand you change companies because their rates are not competitive?  How easily may the residents terminate their subscription services?

If you currently provide some type of cable service, either from this company or another, what is your billing arrangement?  If it is buried in the base rent, you may have to deal with whether you should treat this arrangement like a utility "conversion,"such that you must pull the charge out of your base rent, so that the residents are not double-billed.

Park Documents.  What do your rules and rental agreements say?  Is there anything in them that could run afoul of the agreements the company is asking you to sign?  While nothing specific comes to mind that could pose a problem, the best way to avoid the unexpected is to verify that there is no risk of some violation of the park documents by the cable agreements, or vice versa. 

General Observations. Here is a checklist of general issues you may wish to consider:

• Confidentiality always concerns me.  Why does the company want it?  I suspect they don't want parks "comparing notes"on the deal they cut with their company.  While that is understandable, it poses the risk of inadvertent disclosure.  What is the "penalty"for disclosure?  Do you have to refund the initial payment made?  If so, does that mean the deal is over, or does the remainder of the agreement survive - that is, does the company still have the exclusive right to provide services in the park?  I think I would like to see some language which penalized only intentional or willful disclosures (assuming you have any ability at all to negotiate some of these terms).

• I assume the company will own all of the equipment.  Are there certain limitations on their ability to come and go inside the park?  Specifically, is there a risk of noise, inconvenience, traffic issues, etc?  How long will installation take?  Will the park grounds be restored to their original condition?  Again, remember, once these agreements are signed, you're at the company's mercy on what they do.  Make sure their reputation for service and cooperation is good. 

• What is the term of the agreement? I suspect it contains a provision for automatic renewal, absent one party or the other giving notice of termination?  While that is fair, you have to carefully read the agreements to see if there is any right to terminate without cause.  In other words, can you get out of the deal "just because,"or does there have to be a breach? 

• If either side terminates does the initial payment have to be returned to the company?  If so, you might consider making that payment "nonrefundable"after a certain length of time, say five years.  You want to make sure that if the agreements become unenforceable due to some law or similar situation over which you have no control, that you do not have to refund the money.  That is why I suggest a period of years, after which the money becomes refundable.

• Recording of any agreement is significant.  Once recorded, it will act as a sort of restrictive covenant on the land, and will continue ad infinitum.  In your case, I suspect that the recorded agreement will act as a sort of "floating"easement, giving the company general rights of ingress and egress to install, maintain and repair the equipment.  If the easement rights are not specifically defined, you may want to make sure you understand, in advance, where the equipment will be located.  You want to make sure there will be no risk that the company's right of access interferes with the residents' spaces.  It's easy to record such agreements on the public record, but much more difficult to remove them in the event of a dispute.  Do either of your agreements address that issue?  If you part ways with the company, are they obligated to remove their easement rights from the public record (e.g. by a recorded notice of abandonment of their rights under the agreement)?   Will you have to pay any costs to have this done?

• You want to make sure that if the agreement is terminated the equipment must be removed promptly and the land returned to its general pre-installation condition.

• What about liability?  It is not uncommon for these agreements to have cross indemnification provisions, whereby you agree to indemnify them for your negligence, and they do the same. 

• Are there limitations on damages in the agreement?  Most companies attempt to place limits on the kinds of damages that may be recovered (e.g. prohibitions on punitive damages).  Generally, that is fine, but just make sure that these limits apply just to park ownership, as you cannot limit the residents' right vis a vis the cable company.

• If the company has an exclusive right to market its services to the residents, you want to make sure you know what their marketing efforts will consist of.  You want to make sure it will not include personal solicitation to residents.

• Check with other parks to find out whether they have similar agreements.  I acknowledge that they may not talk about it due to the confidentiality provisions, but suspect the agreement that may be recorded is not "confidential. -"  Your main concern should be whether other park owners are satisfied with this particular company. 

• Before jumping into anything, find out if there are competing companies that may have similar programs.

• How will you deal with residents if they ask you whether you received any payment for giving the company its exclusive rights?  The best response might be that your practice is not to discuss the park's financial arrangement with vendors.  Nevertheless, you should expect someone might press the issue.

• How will the exclusivity provisions in the agreement affect a resident's right to have satellite service?  Does the agreement deal with the possibility that satellite providers may want to market in the park?  You may have some difficulty in preventing a resident from signing up for such service, so this issue should be addressed with the cable company ahead of time.  "Exclusive"is a pretty broad term.  Find out what it entails and make sure that it is sufficiently spelled out in the agreement before you sign.

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ATTORNEY.

Upon reaching the ending date, fixed term tenancies will automatically renew to a month-to-month tenancy upon the same terms and conditions (except duration and rent).

In order to renew or extend a fixed term tenancy, (and avoid rolling into a month-to-month tenancy), the landlord must submit the proposed new lease agreement to the tenant at least sixty (60 days prior to the end of the lease term. The landlord is to include with the proposed lease agreement a written statement summarizing the new or revised term, conditions or rules and regulation.

If the landlord fails to submit a proposed new lease agreement the tenancy renews as a month-to-month tenancy.

The new or revised terms, conditions, rules and regulations must:

1. Fairly implement an existing statute or ordinance adopted after the creation of the existing agreement.
2. Be the same as those offered to new or prospective tenants.
3. Be consistent with the rights and remedies provided to tenants under ORS Chapter 90.
4. Not relate to age, size, style, construction material or years of construction contrary to ORS 90.632(2)Not require an alteration of the manufactured dwelling or accessory, building or structure.

The tenant must accept or reject the proposed new rental agreement at least thirty (30) days prior to the end of the lease term.

If the tenant fails to accept or unreasonably rejects the proposed new lease agreement, the fixed term tenancy terminates on the last day of the lease term without further notice.

If the tenancy terminates for failure to renew by the tenant, and the tenant surrenders and delivers possession of the premises to the landlord, the tenant is entitled to substantially the same rights and responsibilities as a lien holder under ORS 90.675(18) (the abandonment statute) except that the term of the storage agreement may not exceed six (6) months. (Note: this is not technically an "abandonment" the lien holder's rights are delayed until the end of the tenant's storage agreement.)

Fixed termed tenancies entered into before the effective date of this 2001 Act are not made invalid because their duration is less than two years. However, upon renewal or extension in accordance with the Act, the lease agreement must comply with minimum two (2) year requirement.