By:  Mark L. Busch, P.C., Attorney at Law

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action.

Question: We have a person on a vacation occupancy agreement in our RV park (MHCO Form 202).  The end date for the agreement is coming up, but this person says he is not going to move out with his RV and wants us to give him a regular rental agreement.  We don’t want him as a long-term tenant based on his behavior (dog loose, messy RV space, etc.).  Do we have to offer him a rental agreement?  How do we get him out if he refuses to leave?

Question: How does a landlord deal with a Tenant who refuses to maintain their yard? Can the landlord do the work and charge the Tenant?

By:  Phillip C. Querin, MHCO Legal Counsel

The difference between a well-run manufactured housing community and one with problems frequently lies with the rules and regulations each facility has adopted.  Here are some tips for developing a set of rules and regulations that may be helpful in the successful operation of your community:”

It’s okay to enforce reasonable rules, especially in common areas, where the community has a legitimate interest in maintaining the property, ensuring safety, and protecting the right of all residents to peaceful enjoyment of their homes.

State legislation requires manufactured home park and floating home landlords to amend Rental Agreements to provide for a Mandatory Mediation Policy (Oregon Revised Statute 90.767). The policy must include an explanation of the process and format for mediation and provide information on mediation services available. Statute currently calls for establishment of an “Informal Dispute Resolution”, commonly referred to as voluntary mediation. Both aspects of mediation are viable; however, mandatory mediation compels parties to meet at least once and suspends any court action until completion of the mandatory mediation.

Take steps to enforce rules to prevent harassment or other misconduct by or against residents. If a resident complains about being harassed by other residents based on his race or other protected class, then you should take the complaints seriously. Fair housing experts advise that you should investigate the complaints and, if true, take action to stop the harassment.

It’s particularly challenging to handle requests for assistance animals by residents who’ve been caught violating your pet policies. The longer the resident has been breaking the rules, the more you may wonder whether he’s unfairly trying to pass off his pet as an assistance animal.

This article is informational only and is not intended as legal advice.  Always consult with a competent attorney before undertaking any legal action.

The question often arises whether and how RV park landlords can change and update their park rules.  For manufactured home parks, the answer is clear – landlords can issue a rule change notice that allows tenants to vote on the proposed new rules (MHCO Form 60 – Notice of Rule Change).  However, there are no similar procedures in an RV park.