Mark Busch Q&A: RV No-Cause Evictions Under New Rent Control Laws
Answer: The short answer is "no," you cannot evict an existing RV tenant who has been there for more than one year for no reason.
Answer: The short answer is "no," you cannot evict an existing RV tenant who has been there for more than one year for no reason.
Answer: In Oregon, month-to-month RV tenants can be evicted with a 30-day, no-cause notice during the first year of their tenancy. After the first year, the no-cause notice to a monthly tenant would need to be a 60-day notice. Use MHCO Form 43C for no-cause RV evictions, choosing either the 30-day or 60-day notice option, depending on the length of tenancy.
Answer: It is now statewide law that rents cannot be raised at all during the first year of a month-to-month tenancy. After the first year of the tenancy, you are required to give written notice to the tenant at least 90 days prior to the effective date of the rent increase.
Answer:
Please note revision from last week's article: The cities of Portland and Milwaukie, Oregon have passed local ordinances that require 90-day no-cause notices regardless of the length of the tenancy. Although of arguable legality, this would only affect RV parks located within those two cities.
Answer: So long as the park reasonably believes under all the circumstances that the tenant has left behind the RV with no intention of asserting any further claim to it, the park does not need to file an eviction action. Instead, the park can treat the RV as abandoned property and issue an abandoned property notice.
On July 26, 1990, President Bush signed into law the Americans with Disabilities Act ("ADA"), The Americans with Disabilities Act Accessibility Guidelines (the "1991 Regulations") were shortly thereafter developed to guide new construction and alterations undertaken by covered entities and established the minimum requirements for "accessibility" for disabled persons in buildings and facilities
The SAFE Act has received a lot of attention lately by park owners, but did you know that it's really only one law of many state and federal lending regulations you are required to comply with when selling homes on contract?
Answer: No, the park should definitely not use a regular manufactured home rental agreement for RVs. By doing so, the park might inadvertently give the RV tenants more rights than they are otherwise entitled to under Oregon's Landlord-Tenant Laws.
The short answer to your first question is "no," you do not have to give the long-time tenant the same 30-day notice as required for mobile home tenants. That notice under ORS 90.632 is only for mobile home tenants, not RVs. Since RVs are not "manufactured dwellings," you have some better options available.
Answer: Yes, you can close the restroom and the laundry facility, but you will need to jump through a few legal hoops to do it.