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The Basics. Except where the physical condition of the home is at issue, a landlord may terminate the space rental agreement by giving the tenant not less than 30 days’ notice in writing if the tenant:

1. Materially violates a law related to the tenant’s conduct as a tenant;
2. Materially violates a rental agreement[1] provision related to the tenant’s conduct as a tenant and imposed as a condition of occupancy; or
3. Is classified as a level three sex offender under ORS 163A.100.

Introduction. A recent ruling from the Oregon Court of Appeals should be of interest to landlords, including those owning manufactures housing communities. Many provisions in the Oregon Landlord-Tenant Act apply a multiplier for the landlord’s violation of a statute.

A case in point is 90.315(4), a utility billing statute which allows that aggrieved tenants may recover the greater of “one month’s periodic rent or twice the amount wrongfully charged” for each individual violation. In Shepard, the plaintiff sought to apply the statute in an ongoing manner for every month the alleged violation existed. It does not require a calculator to conclude that an alleged violation that existed for 12 months (the statute of limitations under the Act) can amount to a sizeable claim against the landlord – and especially so if brought as a class action on behalf of the entire Park.