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Historically, it has been common knowledge that once signed by the landlord and tenant, a rental/lease agreement may not be amended unless all parties agree. However, over the years, as landlord-tenant legislation began to detail more and more rights and liabilities, the issue arose as to how changes in the law were to be applied, when they did not appear in the rental/lease agreement.

In summary, ORS 90.510(4) provides that a park rental or lease agreement may not be unilaterally amended except under the following circumstances:

a) Both parties agree; or

b) Certain specific statutes specifically allowunilateral amendment; or

c) Certain specific statutes automatically requirethat the rental/lease agreement is changed.

In the case of subsection (4)(b), ORS 90.510 specifically lists those statutes which allow a landlord to unilaterally impose a change in the rental/lease agreement. A common example is the submetering statutes. When they first came into effect, many - if not most - agreements did not specifically address the multiplicity of issues that would be effected, from removing certain utilities from base rent, to direct billing, to accessing a space to install and read the meters.

In the recent Court of Appeals case of Morat v.Sunset Village, LLC, the focus was on how ORS 90.510(4)(b) should be interpreted. The Court explained the issue in the opening of its opinion:

This case involves a conflict between a tenant and landlordaboutwhopaysthecostresultingfromafallentree in a manufactured dwelling park. At issue are a statute on trees in rented spaces (ORS 90.727), a statute on "unilateral amendment" of a rental agreement (ORS 90.510(4)), the terms of the parties' lease, and the trial court's award of attorney fees incurred in court-annexed arbitration. [1]

The Court found in favor of the plaintiff-tenant. Setting aside the fact that in trial, the tenant put on evidence that the prior landlord had always cleaned up tree limbs that littered spaces after a storm, the main issue was fairly straight forward: Does the unilateral amendment language of ORS 90.510(b) require the landlord to actually amend the rental/lease agreement (as argued by the tenant),or is it automatic under subsection (4)(c) which provides that "(c)ertain specific statutes automatically require that the rental/lease agreement is changed" (as argued by the landlord).[2]

The Court held that although ORS 90.510(4)(b) explicitly allows landlords to unilaterally amend the rental/lease agreements to allocate responsibility, the enumerated statutes (including hazard tree statute) are not automatically effective. That is, the rental/lease agreement actually has to be unilaterally amended. In other words, contrary to the position taken by the park owner in the above case, in order to gain the benefit of allocating responsibility between landlords and tenants for trees on a space, management was first required to affirmatively "unilaterally amend" the rental/lease agreement.

Although the Court did not get into specifics as how this is done, it is not difficult to comply, e.g. send to each tenant a single page amendment, stating that pursuant to ORS 90.510(4)(b), their rental/lease agreement is '_hereby amended to adopt ORS 90.727 Maintenance of Trees in Rented Spaces)." Either the statute should be quoted verbatim, or a copy attached to the unilateral amendment. And of course, the amendment should be included in each tenant's file.

So the take-away for MHP landlords is that if you want the protection/enforcement provisions of the following statutes (and your current rental/lease agreement does not already contain them), you should make a unilateral amendment:

- ORS 90.530 (Pets in facilities);

- ORS 90.533 (Conversion of billing method for garbage collection and disposal);

- ORS 90.537 (Conversion of billing method for utility or service charges);

- ORS 90.543 (Utility or service charge billing for large manufactured dwelling parks);

- 90.600 (Increases in rent);

- 90.725 (Landlord or agent access to rented space); and

- 90.727 (Maintenance of trees in rented spaces).

At the end of MHCO's rental and lease agreements, the following provision appears, which should serve as a prompt for all landlords to issue a unilateral amendment document to tenants when (a) permitted by Oregon law, and (b) the provision is not already contained in the rental/lease agreement:

TENANT understands and agrees that in the event of any changes in local, State or Federal laws affecting the parties' rights or remedies herein, LANDLORD, in LANDLORD'S sole discretion, may request that TENANT sign one or more written addenda expressly incorporating such changes into this Agreement. TENANT'S failure to sign such written addenda within ten (10) days of LANDLORD'S written request to do so shall constitute a breach of this Agreement. No such change shall be retroactively applied to any circumstance that occurred prior to the date such new law became effective. Notwithstanding the preceding, LANDLORD shall have no duty to amend, alter or adjust this Agreement due to any laws or ordinances enacted after the Commencement Date, regarding Rent, Rent control, Rent adjustment, or any other limitation, restriction or provision affecting or limiting the amount of Rent LANDLORD may charge for this Space. TENANT(S) Initials): _______ _______

It appears the rental or lease agreement at issue in the above-referenced case did not contain such a reminder.

[1]The following discussion does not address whether ORS 90.727 applies to fallen trees.

[2]Query: If subsection (c) automaticallyapplied to trees on tenant spaces, why was subsection (b) necessary? In other words, it would seem that (b) would not need to have been included in ORS 90.510(4).

By:  Rebekah Near, CEO, Orca Information, Inc.

Last article I wrote was titled, A COMMON MISTAKE WHEN DENYING APPLICANT COULD COST YOU THOUSANDS.  The focus of the topic was on giving your applicant who does not qualify for the unit the ADVERSE ACTION LETTER which is sometimes referred to as a CONSUMER RIGHTS LETTER AKA FCRA Summary of Rights.  One knowledgeable, sharp and concerned Manufactured Park Manager sent me some good questions. Evidently there is some confusion as to what information is required in an Adverse Action letter.  Here is one of the questions I received and my reply.  

Question: I’ve been giving the FCRA Summary of Rights as part of the Adverse Action letter to applicants for years until my supervisor told me not to.  I recently forwarded your advice directly to my employer and supervisor, who says, “There is no current requirement to give an applicant the FCRA Summary of Rights along with the reasons for adverse action”. 

Answer:  First, I am not an attorney.  It is wise to consult an attorney on these matters.  That is just what I did.  Not only did I read advice from an attorney but I also researched deeply the FCRA wording for clarity.  Let’s read what this attorney from the FTC Division of Privacy and Identity Protection advises.  She is addressing landlords.  She writes the following:

What if the information in a consumer report (tenant screening report) leads you to deny housing to an applicant?  Under the  Fair Credit Reporting Act (FCRA), you must inform applicants in what’s called an adverse action notice. That’s true even if the report was only a minor factor in your decision. An adverse action notice tells people about their rights to see information being reported about them and to dispute inaccurate information. It’s a best practice to provide that adverse action notice in writing because it benefits both you and the applicant. Written notices give you proof of compliance with the law. They also better enable applicants to assert their rights to request a copy of the report from the consumer reporting agency (tenant screening company) and to dispute any mistakes.

The attorney now quotes the FCRA:

Fair Credit Reporting Act 15 U.S.C § 1681

A summary of rights is required to be included with agency (tenant screening company) disclosures (adverse action notices).

A consumer reporting agency (tenant screening company) shall provide to a consumer (landlords applicant), with each written disclosure by the agency (tenant screening company) to the consumer (landlords applicant) under this section –

(A) the summary of rights prepared by the Bureau (credit bureau) under paragraph (1);

(B) in the case of a consumer reporting agency (tenant screening company) described in section 603(p), a toll-free telephone number established by the agency (tenant screening company) at which personnel are accessible to consumers during normal business hours;

(C) a list of all Federal agencies responsible for enforcing any provision of this title, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency;

(D) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general (or the equivalent thereof) to learn of those rights; and

(E) a statement that a consumer reporting agency (tenant screening company) is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 605 or cannot be verified.

End of the FTC attorneys advice.

______

It appears the Park Manager who submitted this question is correct when she sent denied applicants the Adverse Action letter and included The Summary of Their Rights.  If this Park Manager were my employee, I would be proud I had the foresight to hire someone who deeply cares about the company for which they work, stays educated and remains aware of the ever-changing, laws.  What do you my readers think?  I would love to hear from you.

To read more about the FCRA law pertaining to Adverse Action letters including Summary of Rights, go to:  Consumer Financial Protection Bureau, Rules & Policy.  Also, the FTC, Summary of Your Rights. 

Rebekah Near is the owner operator of Orca Information, Inc an Employment and Tenant screening company serving the Pacific Northwest and the Nation.  The web address is www.orcainfo-com.com  She is not an attorney and does not give legal advice.  You may send your questions to her at rebekahn@orcainfo-com.com.    

Senate Bill 599 sets out an entirely new section of the ORLTA allowing tenants to use their dwellings as “family child care homes.” A landlord may not prohibit the use provided that the tenant has obtained the proper certification under ORS 329A.280 or ORS 329A.330, and has provided notice to the landlord of the tenant’s intent to operate a child care home.

Modifications. A landlord is permitted to require the tenant to pay in advance for costs of modifications necessary or desirable for the tenant’s use, certification or registration of the dwelling as a family child care home, even if it is not required of the landlord under ORS 90.320 or the rental agreement.

Prohibitions. A landlord may prohibit use as a family child care home if it will violate zoning restrictions or an association’s governing documents. Likewise, a landlord may prohibit any use which is not allowed under the rules of the Early Learning Council, the regulating body for in-home child care facilities.

Liability Protection. Family child care homes are not required to carry liability insurance unless the landlord specifically requires it. The landlord may require that the tenant running the child care home provide protection for the landlord, property owner or the association in the following manner:

• If uninsured: Child care provider must require that parents sign a document acknowledging that the landlord, owner and/or association is not responsible for harm to children or guests connected to the family child care home. This document also must acknowledge that the family child care home does not carry liability insurance for losses to their children or guests.
• If insured: Landlord may require that the child care home carry a reasonable surety bond or liability policy (in addition to renters insurance under ORS 90.222) covering the children and guests. The policy must provide coverage for injuries sustained related to negligence of the tenant or tenant’s employees, and the policy must name the landlord, property owner, or association as an additional insured.

Housing for Older Persons. The tenant may not operate a family child care home if the dwelling in question qualifies as housing for older persons under ORS 659A.421.

Answer: ORS 90.572 provides that if allowed by the rental agreement, a landlord using submeter billing may require tenants to pay a utility or service charge billed by a utility or service provider to the landlord for utility or service provided directly to the tenant’s space as measured by a submeter. But the statute adds that the charge may consist of only the cost provided to the tenant’s space as measured by the submeter, at a rate no greater than the average rate billed to the landlord by the utility or service provider, not including any base or service charge;

However, at Subsection 2(g), the statute provides that the utility or service charge assessed to the tenant may consist of a pro rata portion of the cost to read water meters and to bill tenants for water if:

• The third-party service reads the meters and bills tenants for the landlord; 
• The third-party service charge does not include any other costs (e.g., costs for repairs, maintenance, inspections or collection efforts); and 
• The landlord allows the tenants to inspect the third party’s billing records as provided in ORS 90.582 (Posting of water bills).[1]

So, it appears from a strict reading of the statute (though not the legislative history), if the third-party service’s charge is solely for the cost: (a) to read water meters, and (b) to bill tenants for water, it is permissible as a pro rata expense – i.e., it is limited to reading the meters and billing the tenants.

Accordingly, it would seem prudent for management to review its third-party charges to make sure that they are clearly defined, and that what is passed on to tenants is only a pro rata portion of those two items, i.e., (a) and (b). If the “direct costs” appear to include other services, charges, or fees – or they are not clearly allocated to (a) and (b) alone, they may be subject to attack. For third-party providers, they too may want to revisit how their charges are defined. 

[Note: This discussion is subject to what the legislative history of this statute reflects - keeping in mind that drafted legislation may or may not accurately reflect the legislative history that preceded it. The Answer above is limited to an interpretation of the statutory language only.]

Answer: It’s easy to get confused. There is a lot to remember. Generally all of the answers are contained in ORS 90.630 [Termination by landlord; causes; notice; cure; repeated nonpayment of rent]. Here is a short summary: • The landlord may terminate a rental agreement that is a month-to-month or fixed term tenancy in a manufactured housing community by giving not less than 30 days’ notice in writing before the date designated in the notice for termination if the tenant: o Violates a law or ordinance related to the tenant’s conduct as a tenant, including but not limited to a material noncompliance with ORS 90.740 [Tenant Obligations]; o Violates a rule or rental agreement provision; o Is determined to be a predatory sex offender under ORS 181.585 to 181.587; or o Fails to pay a (i) a late charge pursuant to ORS 90.260; (ii) A fee pursuant to ORS 90.302; or (iii) a utility or service charge pursuant to ORS 90.534 or 90.536. • The tenant may avoid termination of the tenancy by correcting the violation within the 30-day period specified in notice of violation. However, if substantially the same act or omission 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. In such cases, the tenant does not have a right to correct the violation – and the notice must so state. • Oregon’s “three strikes” law only applies to cases in which the tenant is issued three 72-hour [or 144-hour] notices within a 12-month period. The “three strikes” law is found at ORS 90.630(8)-(10). As noted above, multiple violations of the same or similar rule within six months can result in the landlord’s issuance of a non-curable 20-day notice to the tenant.

In order to comply with Oregon Law, and to provide accurate records, there are several forms that are to be completed when the applicant is accepted to become a resident in the community. These forms should be completed after you have reviewed the resident's application, and completed all background checks and tenant screening, but before the resident moves into their home.

Copies of the following forms should be given to the new resident:

• Copy of signed Rental Application
• Copy of signed Rental Agreement signed by both manager and new resident
• Copy of Park "Rules and Regulations" signed by the new resident
• Copy RV Storage Agreement if applicable.
• Copy of Pet Agreement if applicable
• Copy of "Statement of Policy" signed by the new resident
• Copy of Receipt of Statement of Policy
• Copy of Rental History Addendum to Statement of Policy
• Flood Plain Notice

The following documents should be in the new resident's office file:

• Signed "Reciept of Statement of Policy" (signed before signing rental agreement)
• Signed Rental Application
• Signed Rental Agreement (signed by both manager and new resident)
• Park "Rules and Regulations" signed by the new resident
• Statement of Policy signed by the new resident
• Rental History Addendum to Statement of Policy
• Emergency Contact Information
• RV Storage Agreement (if applicable)
• Pet Agreement (if applicable) signed by the new resident
• A copy of criminal, credit and rental checks. Remember, credit check results are confidential
• Age verification (if 55 and Older Community)
• Flood Plain Notice

Remember - Prior to renting a space and permitting possession, you must have all proper inquiries completed and applicant accepted and the rental agreement signed.

If you are aware of a sale and do not have the purchaser fill out an application, or fail to advise the seller and prospective purchaser in writing that the application has been rejected within 7 days after they fill out the application, then the purchaser can move into the mobile home under the same condition of the rental agreement of the seller. Basically, they assume the existing rental agreement you have with the seller of the manufactured home.

If a prospective tenant refuses to provide you with the necessary information for you to qualify them, then it is an automatic denial of the applicant.

It is important that an application is filled out and you check out the person carefully. You should check them out the same as you do any prospective resident. You do not have to approve the person just because they are buying an existing home in the park. If they have a bad credit or rental history, they can be refused as a prospective tenant. This does not necessarily kill the sale of the mobile home. They can still purchase the home, they just cannot keep it in the park. You need to provide a written rejection to both the seller and prospective purchaser within 7 days. You need to advise them why they were not accepted. If you denied them for credit reasons, give the applicant the name and phone number of the company who provided you with the report. Advise the applicant that they can call them if they have any questions regarding the report.

It is important that you advise anyone that has a "For Sale" sign on their manufactured home that they do the three things listed at the beginning of this section. Failure by the prospective resident to fill out an application or the landlord's failure to advise them that they do not qualify can be a very costly mistake in the event they move in and then you give them notice. It makes for ill feelings for everyone involved.

If a resident sells their home and the new owner of the home has not filled out an application prior to moving into the home, you do not need to accept them as a resident. You have no contract with them and you can request them to remove the home from the park. DO NOT ALLOW PROSPECTIVE TENANTS TO MOVE IN BEFORE THE SCREENING PROCESS HAS BEEN COMPLETED, AND THE APPLICANT HAS BEEN APPROVED AND SIGNED, AND RECEIPTED FOR THE STATEMENT OF POLICY, RULES AND REGULATIONS AND RENTAL AGREEMENT. DO NOT ACCEPT RENT FROM ANYONE THAT YOU HAVE NOT APPROVED TO LIVE IN THAT HOME. If you accept rent before you qualify them then you may have established them as a tenant. Simply tell them that you cannot accept the rent until they fill out an application and are accepted by the landlord. DO NOT HAVE ANYONE SIGN A RENTAL AGREEMENT UNTIL YOU HAVE RUN CREDIT, RENTAL AND CRIMINAL CHECKS ON THEM AND THEY HAVE BEEN ACCEPTED. If any of the reports come back unfavorable there is nothing you can do about it because you have established them as a tenant by signing the agreement/lease.

Acceptance Briefing

Once you have determined that an individual is qualified to live in the community and all the proper documentation has been explained and signed, you should consider a meeting with the new resident. Use the Park Rules & Regulations as a briefing tool. The conversation should not be a "laying down of the law", but rather an open discussion of what is expected of both the new resident and community management. New residents may not know their responsibilities (despite signing numerous documents outlining their rights/responsibilities), thus it is your responsibility to clarify and remind them of their responsibilities. Be sure your new resident understands such things as:

1. Rent is due on the first of each month:
   1. If rent is paid after the 5th day, the residents will be faced with a late fee.
   2. If not paid by the 8th day, the resident will receive a 72-hour notice.
   3. Residents must give 30 days written notice to vacate space or they intend to sell their manufactured home.
2. Help your new resident be a good neighbor. Be sure that he/she is informed about:
   1. Quiet hours
   2. Pet Control
   3. Laundry room/Recreation room hours
   4. Swimming pool hours
   5. Review Rules and Regulation and remind the new resident that they are strictly enforced.

Statement of Policy - Complying with the Truth in Renting Act

As of July 1, 1992, all manufactured home communities renting space for manufactured dwellings have been required to provide prospective and existing tenants with a Statement of Policy. The applicants must receive their Statement of Policy before signing the rental agreement. Existing tenants who have not previously received a copy of the Statement of Policy and are on month-to-month rental agreements must receive their copy at the time the next 90-day rent increases notice is issued (ORS 90.510(3)(b). All other existing tenants shall receive a copy of the statement of policy upon expiration of their current rental agreement and before signing a new agreement.

While a Statement of Policy is not technically a contract, it is an important document. A tenant or rental applicant who makes their decisions or changes their position in reliance upon the policies set forth in the statement may be entitled to hold the landlord to those written policies. As proof of delivery of the Statement of Policy to tenants or applicants, it is advised to get a signed receipt.

A landlord who intentionally and deliberately fails to provide a Statement of Policy as required by ORS 90.510, or delivers a legally defective one, may be subject to a lawsuit.

The Statement of Policy is required to include the following information in summary form:

1. The location and approximate size of the space to be rented.
2. The federal fair housing age classification and present zoning that affect the use of the rented space.
3. The facility policy regarding rent adjustment and a rent history for the space to be rented. The rent history must, at a minimum, show the rent amounts on January 1 of each of the five preceding calendar years or during the length of the landlord's ownership, leasing or subleasing of the facility, whichever period is shorter.
4. All personal property, services and facilities to be provided by the landlord.
5. All installation charges imposed by the landlord and installation fees imposed by government agencies.
6. The facility policy regarding rental agreement termination including but not limited to closure of the facility.
7. The facility policy regarding facility sale.
8. The facility policy regarding informal dispute resolution.
9. Utilities and services available, the person furnishing them and the person responsible for payment.
10. If a tenants' association exists for the facility, a one-page summary about the tenants' association that shall be provided to the landlord by the tenants' association and shall be attached to the statement of policy.
11. Any facility policy regarding the removal of a manufactured dwelling, including a statement that removal may impact the market value of a dwelling.

Tenant Files

Before any tenant moves into your community the tenant's file should contain the following information:

1. Completed Application
2. Signed Rental Agreement. (Resident is to receive a copy)
3. Signed Rules and Regulations (Resident is to receive a copy)
4. Signed Statement of Policy including Rent History Addendum. (Tenant is to have received a copy of the Statement of Policy prior to signing rental agreement.)
5. Copy of Homeowner's insurance policy with community named as an interested party (for the purpose of being notified of cancellation of insurance. (This is for pets only.)
6. Credit check results
7. Rental check results
8. Criminal check results
9. Application screening fee receipt
10. Pet Agreement - Identify type of pet, name, size. You might consider taking a picture of the pet to include in your file in case you need to identify the pet in the future. Resident must sign the pet agreement. (Resident is to receive a copy)
11. Proof of Age if 55 and older community (photo ID, driver's license)
12. RV Storage Agreement. Identify type of RV (i.e. boat, camper, trailer, etc.) and include license number and description of recreational vehicle. (Resident is to receive a copy)
13. Any and all notices/correspondence between landlord/manager and resident 

Answer: ORS Chapter 90, the Oregon Residential Landlord Tenant Act, is replete with references to tenant associations. Residents clearly have many rights when it comes to the formation of an association, including the right of assembly and the right to canvass other residents. However, nowhere does the law say that park owners and managers have a legal duty to provide individual contact information to other residents, regardless of the purpose for which it is sought. Here is what ORS 90.750 [“Right to assemble or canvass in facility; limitations”] says on the matter: • No park bylaw, rental agreement, regulation or rule shall infringe upon resident rights to: o Peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas; reasonable times are the hours of 8 a.m. to 10 p.m. daily. o 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 park, or manufactured dwelling living. • The discussions may be held in the common areas or recreational areas of the facility, including halls or centers, or any resident’s home. • However, the landlord may enforce reasonable rules and regulations including but not limited to place, scheduling, occupancy densities and utilities. • A landlord may not prohibit any resident from canvassing other persons in the same facility for certain prescribed purposes. The term “canvassing” includes door-to-door contact, an oral or written request, the distribution, circulation, posting or publication of a notice or newsletter, a general announcement or any other matter relevant to the membership of a tenants’ association. • However, a landlord is not required to permit any person to solicit money, except that a tenants’ association member, whether or not a tenant of the facility, may personally collect delinquent dues owed by an existing member of a tenants’ association. • Lastly, the statute clarifies that it is not intended to require a landlord to permit any person to disregard a tenant’s request not to be canvassed. To me, this last provision suggests an answer to your question, as it acknowledges that some residents may not want to be “canvassed.” In other words, they have certain rights not to be disturbed, and may request management’s assistance in preventing it from occurring. Accordingly, my view is that before contact information is shared by management with other residents, advance consent should be received from each affected person. Without such consent, I would be very hesitant to give out the information. Certainly, the resident seeking the contact information can try to obtain it by going door-to-door and asking for it. If community management already maintains a published directory of residents that contains names and addresses, I suppose consent is implied by the lapse of time, assuming that everyone knows of the directory. But I would not recommend this practice, and certainly would not share the information with other residents. My conclusions are based not so much on some legal duty of “confidentiality” or legally protectable “right of privacy.” With the Internet, it’s hard to say much of our private information is legally protectable any more. My feeling is a practical one: If there is no affirmative legal duty to provide the information, and there is some risk, however remote, that sharing it without advance consent could anger some residents, it is far better to decline your resident’s request. It does not hamper the association formation process in any way, and respects every resident’s privacy, however limited it is today.

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).

Rule changes for RV parks and other non-manufactured home tenancies are governed by

ORS 90.262.  That statute allows landlords to implement rules if the rules: (a) promote the convenience, safety or welfare of the tenants; (b) are reasonably related to the purpose for which they are adopted; (c) apply to all tenants in a fair manner; (d) fairly inform the tenant of what they must or must not do to comply; (e) are not for the purpose of evading the obligations of the landlord; and (f) are given to the tenant in a written notice when the tenant signs the rental agreement, or when the rules are adopted.

If your RV park rules meet these requirements, you may require new tenants to sign the rules when they sign the rental agreement, and they are bound to follow those rules.  One method of changing the park rules is to do it slowly over time as new tenants enter the park and sign the new rules.  This will mean that different tenants have different sets of rules, which could lead to some conflicts (i.e., “why does my neighbor get to have two dogs, and I can only have one?”).  However, there is nothing prohibiting different rules applicable to different sets of tenants.  The explanation to tenants is the truth: “We are in the process of updating our rules as new tenants move into the park.”

It is possible to change your park rules for existing tenants, although problematic.  RV park landlords can adopt new rules, but any rule adopted after the tenant enters into the rental agreement that works a “substantial modification of the bargain” is not valid unless the tenant consents to it in writing (ORS 90.262 (2)).  Minor rule changes might be acceptable (i.e., “quiet hours are now 9:00 p.m. until 8:00 a.m.” or “guests cannot park on roadway, only in guest parking”).  More impactful rule changes would not be enforceable (i.e., “tenants may only park one passenger vehicle on the rental space, not two”).

If you decide to change your rules for existing tenants, try to ensure that any changes you make are not “substantial modifications.”  There is no statutory timeline for changing the rules, but I typically recommend that landlords provide the new rules in writing to each tenant at least

30 days before the new rules take effect (hand-delivered or mailed first-class mail).  It is also a good idea to send an accompanying letter explaining the reasons for the rule changes and asking the tenants to please come to the office to sign the new rules – although few probably will.

Finally, if you do change the rules for existing tenants, realize that they can be challenged later even if a tenant does not initially object to the new rules.  The most common scenario is when you must issue a 30-day, for-cause eviction notice to a tenant violating the new rules, which they can then challenge in court as unenforceable because they “substantially modified” the tenant’s original arrangement with the park.  In that case, you must be prepared to explain to the court why the applicable rule was not a substantial modification.