(d) Notwithstanding ORS 90.730 (3)(c), a landlord is responsible for maintaining the water lines within a tenant's space up to the connection with the dwelling, including repairing significant leaks found in a test. 90.538 Tenant inspection of utility billing records. Performance & security by Cloudflare. (c) If the termination is for cause under ORS 90.392, 90.398, 90.405, 90.630 or 90.632 and proceedings have commenced under ORS 105.105 to 105.168 to recover possession of the premises based on the termination: (A) The acceptance of rent for a period beyond the expiration of the notice of termination during which the tenant remains in possession if: (i) 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. (3) When a landlord must refund rent under this section, the refund 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. Buying a Mobile Home Instead of a Regular Home: Pros and Cons [1999 c.676 6; 2007 c.906 40; 2011 c.503 10; 2013 c.443 2]. [Formerly 91.930]. The written statement must be in the format developed by the Attorney General pursuant to ORS 90.516 and include at least the following: (a) A notice that the tenant may select and contract directly with a contractor to be the provider of an improvement. A storage agreement entitles the lienholder to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property. A mobile home title is a legal document that establishes ownership of a mobile or manufactured home. 90.732 Landlord registration; registration fee. The landlord may charge a reasonable hourly rate for the landlord's own performance of cleaning or repair work. (1) "Buyer" has the meaning given that term in ORS 72.1030; (2) "Facility" has the meaning given that term in ORS 90.100; (3) "Landlord" has the meaning given that term in ORS 90.100; (4) "Manufactured dwelling" has the meaning given that term in ORS 90.100; (5) "Purchase money security interest" has the meaning given that term in ORS 79.1070; (6) "Secured party" has the meaning given that term in ORS 79.1050; and, (7) "Seller" has the meaning given that term in ORS 72.1030. (e) The dwelling unit is one of the designated drug and alcohol free housing dwelling units. (ii) The rent does not cover a period that extends beyond the date the rent payment is accepted. 90.145 Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord; restrictions. A storage charge may include a utility or service charge, as described in ORS 90.532, if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. [2009 c.591 5; 2011 c.42 7]. (A) Reasonable factors may include but are not limited to: (iii) Any discriminatory impact for reasons identified in ORS 659A.421. Note: 90.148 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. The landlord of a facility, however, may enforce reasonable rules and regulations including but not limited to place, scheduling, occupancy densities and utilities. (2) No tenant shall be required to acquire a bond or insurance policy as a precondition for the use of common areas or facilities. [Formerly 91.925; 1991 c.844 18; 1995 c.559 40; 2009 c.816 17]. The documentation may consist of a current certificate of coverage. [2005 c.619 14; 2011 c.42 1a]. (c) If a written rental agreement so provides, both first class mail and attachment to a designated location. This is the simple problem to fix. 90.243 Qualifications for drug and alcohol free housing; "program of recovery" defined. [1989 c.919 9; 1991 c.844 26]. The landlord may require the tenant to make the landlord a co-insured for the purpose of receiving notice in the case of cancellation of the insurance. The plan may include only the landlord's actual costs to be recovered on a pro rata basis from each tenant with payments due no more frequently than monthly over a period of at least 60 months. Installment rent payments described in this subsection are not partial payment of rent for purposes of this section. (f) Exhibit the space to prospective or actual purchasers of the facility, mortgagees, tenants, workers or contractors. (14) The landlord shall give the written accounting required under subsection (12) of this section or shall return the security deposit or prepaid rent as required by subsection (13) of this section by personal delivery or by first class mail. The tenant need not terminate the rental agreement, obtain injunctive relief or recover possession to recover damages under this section. A 523 error means that Cloudflare could not reach your host web server. How do title requirements differ in each state? 90.545 Fixed term tenancy expiration; renewal or extension; new rental agreements; tenant refusal of new rental agreement; written storage agreement upon termination of tenancy. A simple rule-of-thumb to help you remember how many titles a mobile home needs is to know that every width of the home needs its own title. (2) Notwithstanding subsection (1) of this section, if a landlord closes a manufactured dwelling park under this section as a result of converting the park to a subdivision under ORS 92.830 to 92.845, the landlord: (a) May terminate a rental agreement by giving the tenant not less than 180 days' notice in writing before the date designated in the notice for termination. (3) The purpose of ORS 90.100, 90.630, 90.760, 90.800 to 90.840, 308.905, 446.003, 456.579 and 456.581 is to strengthen the private housing market in Oregon by encouraging all Oregonians to have the ability to participate in the purchase of housing of their choice. Additional troubleshooting information here. If adopted, an occupancy guideline in a facility must be based on reasonable factors and not be more restrictive than limiting occupancy to two people per bedroom. (1) "Submeter" means a device owned or under the control of a landlord and used to measure a utility or service actually provided to a tenant at the tenant's space. The Legislative Assembly finds and declares that: 90.543 Utility or service charge billing for large manufactured dwelling parks; water conservation; tenant remedy. (d) The personal property, services and facilities that are provided by the landlord. Reasonable times shall include daily the hours between 8 a.m. and 10 p.m. (2) Infringe upon the right of persons who rent spaces in a facility to communicate or assemble among themselves, at reasonable times and in a reasonable manner, for the purpose of discussing any matter, including but not limited to any matter relating to the facility or manufactured dwelling or floating home living. (4) A landlord may not be required to account for or return to the tenant any fee. The landlord also may condition approval for occupancy of any purchaser, heir or devisee of the property upon payment of all unpaid storage charges and maintenance costs. (D) The landlord disposes of the manufactured dwelling or floating home. (4) If a landlord subject to this section adopts conservation measures described in subsection (3) of this section to avoid having to comply with subsection (1) of this section: (a) Notwithstanding ORS 90.539 or 90.725 (2), a tenant must allow a landlord access to the tenant's space and to the tenant's manufactured dwelling so the landlord can test for water leaks as provided by subsection (3)(b)(B) of this section. This site is protected by wp-copyrightpro.com, link to Understanding Mobile Home Park Evictions: Your Rights and Legal Recourse. (5) Notwithstanding subsection (1) of this section: (a) A landlord is not required to make a payment to a tenant as provided in subsection (1) of this section unless the tenant gives the landlord not less than 30 days' and not more than 60 days' written notice of the date within the 365-day period on which the tenant will cease tenancy, whether by relocation or abandonment of the manufactured dwelling. [Formerly 91.770; 1993 c.369 6; 1995 c.559 15; 1997 c.249 32; 1997 c.577 17; 1999 c.307 20; 1999 c.676 11; 2009 c.591 12; 2013 c.294 9]. The landlord may not require the tenant to agree to towing. The landlord and the prospective purchaser may agree to a longer time period 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. (9) If a landlord is required to close a manufactured dwelling park by the exercise of eminent domain or by order of a federal, state or local agency, the landlord shall notify the park tenants no later than 15 days after the landlord receives notice of the exercise of eminent domain or of the agency order. Notwithstanding the references to criminal statutes in subsection (1)(f) of this section, the landlord's burden of proof in an action for possession under subsection (1) of this section is the civil standard of proof by a preponderance of the evidence. (12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord intentionally misrepresents the condition of personal property, the landlord is not liable for the condition of the personal property to: (a) A buyer of the personal property at a sale pursuant to subsection (10)(a) of this section, with or without consideration; or. (1) As used in this section, "minor habitability defect": (a) Means a defect that may reasonably be repaired for not more than $300, such as the repair of leaky plumbing, stopped up toilets or faulty light switches. There are several circumstances that make the distinction between the two important: Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.. If the tenant does not obtain renter's liability insurance within the 30-day period: (a) The landlord may terminate the tenancy pursuant to ORS 90.392; and. (b) Any listing agreement entered into, by the owner or agent of the owner, to effect the sale of the facility. (1) A landlord may not assert a lien under ORS 87.162 for dwelling unit rent against a manufactured dwelling or floating home located in a facility. (2) A landlord who receives a request under subsection (1) of this section shall promptly change the locks to the tenant's dwelling unit at the tenant's expense or shall give the tenant permission to change the locks. (31) "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity. A seller of a manufactured dwelling who is subject to ORS 446.661 to 446.756 must provide notice under ORS 90.870 if the manufactured dwelling is to be placed in a facility and the seller: 90.870 Manner of giving notice; persons entitled to notice. Conditions for return of a deposit shall be stated in writing and made available to the tenant or tenants placing the deposit. There may be no evidence of the terms of the written statement other than the contents of the written statement. 90.459 Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking. 90.500 [Formerly 91.868; 1991 c.844 4; 1993 c.580 2; repealed by 1995 c.559 58]. (2) If the cause for a termination notice given pursuant to subsection (1) of this section is based upon the acts of the tenant's pet, the tenant may cure the cause and avoid termination of the tenancy by removing the pet from the premises prior to the end of the notice period. (g) Any sale or transfer between or among joint tenants or tenants in common owning a facility. Exterior Mobile Home Painting: What is the Cost? (1) If an unauthorized person is in possession of the premises, after at least 24 hours' written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS 105.105 to 105.168 if: (b) The rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the written permission of the landlord; and. [Formerly 90.330]. (b) Because of a violation of the rental agreement or a provision of this chapter, if the violation consists of an incident of domestic violence, sexual assault or stalking committed against the tenant or applicant. In addition, if the landlord knew or should have reasonably known of the existence of the conditions, the tenant may recover either two months' periodic rent or twice the actual damages sustained by the tenant as a result of the violation, whichever is greater. (b) A person or nonprofit organization to whom the landlord gives the personal property pursuant to subsection (1)(b), (10)(b) or (11)(b) of this section. (E) The improper use of vehicles within the premises. (a) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service prior to moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either: (A) Pay the outstanding amount and deduct the amount from the rent; (B) Enter into a mutual agreement with the landlord to resolve the lack of service; or. (C) ORS 90.410 (3) does not apply to the abandonment or relinquishment. (1) A landlord may not deny any manufactured dwelling or floating home space tenant the right to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove the dwelling or home from the space solely on the basis of the sale. (4) Regardless of whether a landlord requires payment of an applicant screening charge, if a landlord denies an application for a rental agreement by an applicant and that denial is based in whole or in part on a tenant screening company or consumer credit reporting agency report on that applicant, the landlord shall give the applicant actual notice of that fact at the same time that the landlord notifies the applicant of the denial. (b) Increase the utility or service charge to the tenant by adding any costs of the landlord, such as a handling or administrative charge. (5) Upon termination of a subleasing agreement by the facility landlord, whether with or without cause, the dwelling or home renter and the facility tenant are excused from continued performance under any agreement for the renter's occupancy of the manufactured dwelling or floating home owned by the facility tenant. (g) "Personal property" means goods, vehicles and recreational vehicles and includes manufactured dwellings and floating homes not located in a facility. The notice shall include a statement that the tenant may request a resolution through the facility's informal dispute resolution process by giving the landlord a written request within seven days from the date the notice was served. The amount of coverage may not exceed $100,000 per occurrence or the customary amount required by landlords for similar properties with similar rents in the same rental market, whichever is greater. (B) The presence of a hazard tree on a rented space in a manufactured dwelling park. A lienholder's rights and obligations regarding an abandoned manufactured dwelling or floating home shall be as provided under ORS 90.675. (5) The agreement required by subsection (4) of this section must specify: (a) The location and approximate size of the rented space; (b) The federal fair-housing age classification; (d) All personal property, services and facilities to be provided by the landlord; (e) All security deposits, fees and installation charges imposed by the landlord; (f) Any facility policy regarding the planting of trees on the rented space for a manufactured dwelling; (g) Improvements that the tenant may or must make to the rental space, including plant materials and landscaping; (h) Provisions for dealing with improvements to the rental space at the termination of the tenancy; (i) Any conditions the landlord applies in approving a purchaser of a manufactured dwelling or floating home as a tenant in the event the tenant elects to sell the home. (b) The landlord has no duty under the rental agreement or by law to allow the perpetrator access to the dwelling unit or provide keys to the perpetrator, during the term of the court order or after expiration of the court order, or to provide the perpetrator access to the perpetrator's personal property within the dwelling unit. (11) When the tenancy terminates, a landlord shall account for and refund to the tenant, in the same manner this section requires for security deposits, the unused balance of any prepaid rent the landlord has not previously refunded to the tenant under ORS 90.380 and 105.120 (5)(b) or any other provision of this chapter. If the pet is not removed by the date specified, the tenancy shall terminate and the landlord may take possession in the manner provided in ORS 105.105 to 105.168. (A) Is reasonably related to the purpose for which it is adopted and is reasonably applied; (B) Is sufficiently explicit in its prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what the tenant shall do or may not do to comply; and. (b) Contract with the tenant for a mutually acceptable arrangement to assist the tenant's move. (2) A violation making a tenant subject to termination under subsection (1) of this section includes a tenant's failure to maintain the space as required by law, ordinance, rental agreement or rule, but does not include the physical condition of the dwelling or home. One housing alternative chosen by many Oregonians is facility living. And, if you fall short, you can be sure that they wont let you off the hook. A last month's rent deposit does not limit the amount of rent charged unless a written rental agreement provides otherwise. (C) Specify whether guest parking is allowed and, if guest parking is allowed, describe methods for identifying guest parking spaces or identifying authorized guest vehicles. (b) If there is no buyer at a sale of a manufactured dwelling or floating home, the personal property is considered to be worth $8,000 or less, regardless of current market value, and the landlord shall destroy or otherwise dispose of the personal property. A landlord may not require that a tenant display a nonremovable tag, sticker or other device on a motor vehicle that might reveal or indicate to the public the premises where the tenant resides. If an individual owns a parcel of land and owns a mobile home located on that land, he or she has two separate property interests; one in real property (the land) and the other in personal. (3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent. (8) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement pursuant to ORS 90.630 (1) and take possession in the manner provided in ORS 105.105 to 105.168. (e) A landlord is not required to enter into a storage agreement with a lienholder, personal representative or designated person pursuant to subsection (19) of this section. (a) 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. (1) As used in this section, "100-year flood plain" means the level that flood waters may be expected to equal or exceed once each 100 years, as determined by the National Flood Insurance Program of the Federal Emergency Management Agency. [Formerly 91.869; 1991 c.844 8; 1995 c.559 35; 1997 c.577 26a; 1999 c.676 21; 2001 c.596 36]. (c) Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing and accumulating until that rent payment, not including any late charge, is paid in full, through that rental period only. Payment of the storage charges or maintenance of the dwelling or home and the space does not create or reinstate a tenancy or create a waiver pursuant to ORS 90.412 or 90.417. (2) Notwithstanding ORS 90.245 (1), the parties to a rental agreement to which ORS 90.505 to 90.840 apply shall provide for a process establishing informal dispute resolution of disputes that may arise concerning the rental agreement for a manufactured dwelling or floating home space. (9) After the effective date of the rule or regulation change, when a tenant continues to engage in an activity affected by the new rule or regulation to which the landlord objects, the landlord may give the tenant a notice of termination of the tenancy pursuant to ORS 90.630. (7) A late charge includes an increase or decrease in the regularly charged periodic rent payment imposed because a tenant does or does not pay that rent by a certain date. During the 14-day period following the delivery of a notice to the facility owner under subsection (1) of this section, the tenants' association, facility purchase association or tenants' association supported nonprofit organization has a right of first refusal for any offer or agreement by the facility owner to sell the facility. (b) At any time during the first year of occupancy, the landlord may terminate the tenancy by giving the tenant notice in writing not less than 30 days prior to the date designated in the notice for the termination of the tenancy. (b) Maintain the tree at the tenant's expense, after providing the landlord with reasonable written notice of the proposed maintenance and a copy of the arborist's report. (b) "Unreasonable time" refers to a time of day, day of the week or particular time that conflicts with the tenant's reasonable and specific plans to use the space. 90.820 Facility purchase by tenants' association or nonprofit corporation; procedures. The lienholder shall have 90 days after entering into the storage agreement to make the repairs. 90.403 Taking possession of premises from unauthorized possessor. (B) Base two-thirds of the charge to the tenants on the factor described in subparagraph (A)(i) of this paragraph and one-third of the charge on the factor described in subparagraph (A)(ii) of this paragraph. (2) "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. Actual costs may include the cost of using a tenant screening company or a consumer credit reporting agency, and may include the reasonable value of any time spent by the landlord or the landlord's agents in otherwise obtaining information on applicants. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return: (A) Within four days after termination, all rent prepaid for the month in which the termination occurs prorated from the date of termination or the date the tenant vacates the premises, whichever is later, and any other prepaid rent; and. (a) Is located on a rented space in a manufactured dwelling park; (b) Measures at least eight inches DBH; and. [Formerly 90.905; 1999 c.676 18; 2005 c.391 22; 2009 c.431 2]. (2) The tenant may terminate a rental agreement that is a month-to-month or fixed term tenancy for cause pursuant to ORS 90.315, 90.360 (1), 90.365 (2), 90.375 or 90.380. The number of eligible spaces as of the date of this notice is:_____. The rental agreement may require that the tenant give actual notice to the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. (1) Notwithstanding ORS 90.534 (4) or 90.536 (3), a landlord may add an additional amount to a utility or service charge billed to the tenant if: (a) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage; (b) The additional amount is not more than 10 percent of the utility or service charge billed to the tenant; (c) The total of the utility or service charge and the additional amount is less than the typical periodic cost the tenant would incur if the tenant contracted directly with the provider for the cable television, direct satellite or other video subscription services or for Internet access or usage; (d) The written rental agreement providing for the utility or service charge describes the additional amount separately and distinctly from the utility or service charge; and. (1) A landlord may unilaterally amend a rental agreement to convert the method of billing a tenant for garbage collection and disposal from a method described in ORS 90.532 (1)(b) to a method in which the service provider: (b) Collects and disposes of garbage; and. However, if substantially the same act or omission that constituted a prior violation of which notice was given recurs within six months after the date of the notice, the landlord may terminate the tenancy upon at least 20 days' written notice specifying the violation and the date of termination of the tenancy. (2) Except as otherwise provided in this section, a landlord waives the right to terminate a rental agreement for a particular violation of the rental agreement or of law if the landlord: (a) During three or more separate rental periods, accepts rent with knowledge of the violation by the tenant; or.
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