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[Corrected Update: The third paragraph below the Question has been revised to clarify that SB 282 extended the Grace Period for tenants to cover the entireMoratorium period, April 1, 2020 to June 30, 2021. Thanks to John VanLandingham for bringing this to our attention.]

Question: We have several tenants that have vacated owing us money. They did not have a declaration on file with us. Can we start to collect on this money owed? What are our next steps?

Answer: The Oregon Eviction Moratorium laws have been largely silent on the fate of the non-payment balance of former tenants. Here’s what we do know:

There is a short window, between March 31, 2021 and June 30, 2021 where a landlord may file an action to recover a Nonpayment Balance (all outstanding rents, charges and fees accrued between April 1, 2020 to December 31, 2020), but only from a tenant who has notfiled a Declaration of Financial Hardship. 

This window is closed on July 1, 2021, when relevant portions of a new bill, SB 282, come into effect. SB 282 extended the Grace Period to cover the entireMoratorium period, April 1, 2020 to June 30, 2021. Accordingly, commencing on July 1, 2021, a landlord must wait until after February 28, 2022 to recover any outstanding Nonpayment Balance accruing during the Moratorium, regardless of whether the tenant has submitted a Declaration of Financial Hardship.

While filing to collect a Nonpayment Balance is technically possible in the short window between March 31 and June 30, 2021 under the current moratorium rules, there is no way of knowing how the courts will interpret this right, or if it is being allowed at this time. Problem: The Moratorium bills do not specify whether these protections apply only to current tenants or to current andformer tenants. Without delving into the legislative history, or getting a legal opinion from your own counsel, the safest approach might be to interpret this prohibition as applying to both current and former tenants.

The most recent bill, SB 282, signed in mid-May 2021, prohibits landlords from reporting outstanding rents, charges, and fees accruing between April 1, 2020 to June 30, 2021 to any consumer credit agency.

All of the Eviction Moratorium bills, dating back to early 2020 (HB 4213, HB 4401, and SB 282) are largely silent on the application of these new regulations to tenants who have moved out during the pandemic. The only portion of the law directly addressing former tenants says that if a tenancy terminates before the end of the new Grace Period (i.e., before February 28, 2022), a landlord “may claim from the security deposit or last month’s rent deposit to repay the unpaid rent balance that accrued [between April 1, 2020 and June 30, 2021].” 

Though there is no indication whether the laws implicate the relationship between landlords and former tenants, prior guidance issued by the Oregon Law Center in a January 2021 webinar addressing HB 4401 indicates that the laws likely do impact former tenants. Much of the relevant language between HB 4401 and SB 282 remains the same, so it’s reasonable to assume that the interpretation of one will suffice for the other unless and until further guidance is issued. 

Oregon Law Center HB 4401 Eviction Moratorium FAQ

“Q: Does the prohibition on reporting "non-payment balance to any consumer credit agency" include stopping landlords from sending past residents to collections?

“A: If the debt is for rent owed during the moratorium period [now April 1, 2020 through June 30, 2021], and is either debt from before December, or the tenant has submitted a Hardship Declaration, then the landlord may not make a report to the credit bureau and may not pursue collections while the tenant is covered by the moratorium. After the tenant has moved out, the law is less clear. There is an argument that these protections continue until the end of the moratorium period, regardless of whether the tenant has moved out.”[emphasis added]

“Q: What if a client has vacated a unit with a remaining balance of rent still due, can they submit the declaration of hardship to prevent those charges from being submitted to collections?[. . .]

“A: If a tenant vacates a unit with a remaining balance of rent still due, the landlord can use the deposit to pay for past-due rent. If there is still remaining past due rent owed, and the tenant had submitted a declaration form to the landlord before moving out, it is unclear whether the landlord can pursue collections and make a credit bureau report right away,(SB 282 has made reporting nonpayment debt to a credit bureau unlawful) or has to wait until the end of the moratorium period(June 30, 2021).”[1][emphasis added.]

What’s Next:

Landlords will be able to begin collecting the current month’s rents, charges, and fees, on time and with appropriate remedies (imposition of late fees or termination) on and after July 1, 2021. For any outstanding Nonpayment Balance for current or former tenants, landlords may:

 1) Apply to the Landlord Compensation Fund for partial compensation for their losses   (Note: Must have a signed Declaration of Financial Hardship from tenant, current or        former);

2) Contact the tenant and try to work out a voluntary repayment plan for nonpayment     debt; 

3) Wait until after February 28, 2022 to pursue legal action to collect the debt. 

Since Oregon has been operating under some form of Covid-related eviction and collections moratoria since the Spring of 2020, there has been no official guidance on how to collect a Nonpayment Balance from anyone. It simply hasn’t been an option for the last year. Tenants will be required to pay current rents beginning in July of 2021, and collections for debts incurred after that date will be as normal. How the process of collecting outstandingNonpayment Balances will proceed is unclear at this time.

It is worth noting that the eviction moratoria laws permit landlords to accept partial payments from tenants, or on behalf of tenants, without waiving their rights to later seek the balance of the debt or pursuing any other available options once the latest moratorium expires. 

Also, the Landlord Compensation Fund will have a third round of funding and, unlike the prior two rounds, landlords may apply for compensation for former tenants provided they (a) have a signed Hardship Declaration and (b) a current address on file. If a tenant has passed away with an outstanding debt, the landlord should contact the Landlord Compensation Fund for further guidance.

Answer: As to whether you or the resident is responsible for the condition of the ground upon which the home sits, it depends on whether the infestation existed at the time of commencement of the tenancy. If "yes," the it's your responsibility to abate; if "no" then it's the tenant's responsibility. Here is a summary of the applicable statute. I have highlighted that portion of the law which applies to your issue: ORS 90.730 [Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition.] provides in relevant part: - A landlord who rents a space for a manufactured dwelling shall at all times during the tenancy maintain the rented space, vacant spaces in the facility and the facility common areas in a habitable condition. - The landlord does not have a duty to maintain a dwelling or home. - A landlord's habitability duty includes only the following: _ A sewage disposal system and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the sewage disposal system can be controlled by the landlord; _ If required by applicable law, a drainage system reasonably capable of disposing of storm water, ground water and subsurface water, approved under applicable law at the time of installation and maintained in good working order; _ A water supply and a connection to the space approved under applicable law at the time of installation and maintained so as to provide safe drinking water and to be in good working order to the extent that the water supply system can be controlled by the landlord; _ An electrical supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the electrical supply system can be controlled by the landlord; _ At the time of commencement of the rental agreement, buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin; _ Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of commencement of the rental agreement, and for which the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal; and _ Completion of any landlord-provided space improvements, including but not limited to installation of carports, garages, driveways and sidewalks, approved under applicable law at the time of installation. - A rented space is considered unhabitable if the landlord does not maintain a hazard tree as required by ORS 90.727. - A vacant space in a facility is considered unhabitable if the space substantially lacks safety from the hazards of fire or injury. - A facility common area is considered unhabitable if it substantially lacks: _ Buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin; _ Safety from the hazards of fire; _ Trees, shrubbery and grass maintained in a safe manner; and _ If supplied or required to be supplied by the landlord to a common area, a water supply system, sewage disposal system or system for disposing of storm water, ground water and subsurface water approved under applicable law at the time of installation and maintained in good working order to the extent that the system can be controlled by the landlord. - Note that the landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if: _ The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord; _ The agreement does not diminish the obligations of the landlord to other tenants on the premises; and _ The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated. The term "vermin" is defined as: "Small insects and animals (such as fleas or mice) that are sometimes harmful to plants or other animals and that are difficult to get rid of." [http://www.merriam-webster.com/dictionary/vermin] That's a pretty broad definition, and I'm going to assume that "vermin" include ants. So the question is, was this condition one that existed at the commencement of the tenancy? If the resident had been at the space for years and never complained until now, I suspect they [or their exterminator] would have a tough time establishing when the problem first occurred. As you know, pests come and go; they could be seasonal, weather related, food related, hygiene related, etc. Chances are that if one resident has ants, others may as well. Had the resident come to you before hiring the exterminator, I would have suggested that you find out how widespread the problem was, and if it was prevalent throughout the community [or a specific area within the community] perhaps work out some cost-sharing arrangement along with a periodic maintenance schedule to eradicate the problem. That was not done here. However, good community relations suggests that you find out the breadth of the problem, and if it affects several residents, discuss a solution with all of them that works for your pocketbook, and the residents' budget. Whether you pay for the exterminator for one resident, might set a bad precedent, since it could encourage others to do the same. That's why you want to find out the scope of the problem.

Answer. I suspect you allowed the caregiver in without putting her on an Occupancy Agreement (MHCO Form No. 25 ). See, ORS 90.275. It gives you great latitude to control an occupant's activities, since violation can result in eviction action directly against the caregiver.

The following is a summary of my conversation with the Fair Housing Council of Oregon on the issue of whether landlords can put caregivers on Temporary Occupancy Agreements, rather than putting them on a Rental Agreement, or not putting them on any written agreement (which leaves in doubt their legal status if the Landlord wants them removed from the Community).

• If the caregiver doesn'tqualify based on the background check[1] then you don't have to accept them into the Community;
• If they violate rules of the community when they are already in the Community and under the agreement, you can require they leave;
• You can pre-qualify the person as a care provider, i.e. required a letter or similar proof from a doctor or someone, saying the tenant needs someone 24/7;
• If they can't provide that proof, then you don't have to allow them into the Community as a care provider (although I can't imagine it would be very hard to obtain such proof);
• According to the Fair Housing Counsel, you are to give the tenant a choice (assuming the person qualifies under the background check), i.e. they can put the person on an Occupancy Agreement or go onto a Rental Agreement. You can't automatically say, "OK, you must go on an Occupancy Agreement." [Caveat: I do not agree with this position, and do not endorse it. The consequences of putting a caregiver on a rental agreement is that you have an much stricter protocol when they violate the rules or laws - e.g. written notice and opportunity to cure, etc. I believe that caregivers and others who are there on a temporary arrangement should remain on the Temporary Occupancy Agreement. This is exactly what the agreement was designed to do. Both Rental Agreements and Temporary Occupancy Agreements only permit termination "for cause" so this is not a situation the landlord can abuse without consequences.]

If you did not put the caregiver on a Temporary Occupancy Agreement means that the caregiver is merely a "guest" of the tenant, and if the guest violates the rules, you have to send a 30-day notice to the tenant; if the rules continue to be violation, your only option is to terminate the tenant's tenancy, and the caregiver is out too. But, this is not what you want to do.

I suggest that you consider having the caregiver sign a Temporary Occupancy Agreement. Of course, she could refuse, but it's worth a try. I have been successful doing so in the past.

If that does not work, you may consider giving the proper termination notice[2] and then filing for eviction against the tenant and "all others", i.e. the caregiver. Then when the matter gets to court, inform the court that you don't want to evict the tenant, only the caregiver. (I have had a judge agree to do so in the past.) You could then either ask the judge to evict the caregiver, or through the mediation that occurs in these proceedings, provide that the caregiver can stay, but only if she signs the Temporary Occupancy Agreement.

By the way, if the tenant has dementia, something needs to be done through the local social service agency, since it does not sound as if he can take care of himself along. Good luck!

[1] Remember, you cannot require financial capacity if they are to be an occupant, but you can if they are to be a tenant.

[2] I strongly recommend have your attorney review the 30-day notice you previously gave before sending out a repeat violation notice. This situation is too important to get into court and have the case thrown out for a defective notice.

1. What does mediation mean? Mediation is an alternative dispute resolution process that is different from going to court and having a judge (or jury) pick a winner and loser by determining the facts and applying the law to the facts. Mediation is also different from arbitration. At an arbitration, the parties typically pick a person (usually an attorney) to act like a judge and determine the facts and apply law. At an arbitration there is also a winner and a loser.

In mediation, the parties typically pick a third party neutral who will meet with the parties to help them find a solution to resolve a dispute. Because mediation requires the agreement of the parties to come to a resolution, it is not always successful. Mediation does not limit a party’s ability to file a lawsuit or arbitration.

In my experience, the cases that resolve at mediation are where both parties come with an open mind, are willing to listen and can consider compromise in order to avoid the cost and hassle of litigation.

In my experience, the cases that don’t resolve are usually because one of the parties has unrealistic expectations or opinion of their case, or that the matter should move forward based on “principle.”

2.   When is mediation required? Mediation is required for any non-exempt issues (see question 3) involving compliance with the rental agreement or non-exempt conduct of a landlord or a tenant within the facility. Please note that a facility is a manufactured home park or a floating home marina. Mediation can be initiated regarding a non-exempt dispute between a landlord and a tenant or between two or more tenants. Note that if the dispute is between two or more tenants, mediation must be initiated by the landlord.

3.   What types of disputes are exempt (i.e. not subject to mediation)? The following disputes are not subject to mediation:

(a) Facility closures consistent with ORS 90.645 or 90.671;

(b) Facility sales consistent with ORS 90.842 to 90.850;

(c) Rent payments or amounts owed, including increases in rent consistent with ORS 90.600;

(d) Termination of tenancy pursuant to ORS 90.394 (failure to pay rent), 90.396 (24 hour notices), or 90.630(8) (three strike provision);

(e) A dispute brought by a tenant who is alleged to be a perpetrator of domestic violence, sexual assault or stalking under ORS 90.445 when the dispute involves either the allegation or the victim of domestic violence, sexual assault or stalking;

(g) A dispute involving a person not authorized to possess a dwelling unit as described in ORS 90.403; or

(h) A dispute raised by the landlord or tenant after the tenancy has terminated and possession has been returned to the landlord (including ORS 90.675 (abandonments).

4.   How is mediation initiated? Mediation may be initiated by a tenant or a landlord. If a tenant or landlord initiates the mediation process, then the parties are required to participate (but see questions 7 and 8 below). If there is a dispute between or among tenants, a landlord must initiate mediation. 

5.   What if mediation is not currently included in my rental agreement? A landlord and/or tenant is required to mediate regardless of whether a rental agreement currently provides for mediation. If a rental agreement does not currently have such a process, SB 586 requires a landlord to unilaterally amend the rental agreement to include mediation. Specifically, ORS 90.510 (5) (what is required to be included in rental agreements) is amended to include in a rental agreement a section for mandatory mediation of disputes that states: “that the tenant or the landlord may request mandatory mediation of a dispute that may arise concerning the rental agreement or the application of this chapter, and the process by which a party may request mediation, including a link to the web site for the Manufactured and Marina Communities Resource Center with additional information about mandatory mediation of disputes.”

 6.  Who facilitates a mediation? Mediation may be requested through either: (1) Manufactured and Marina Communities Resource Center (“MMCRC”); or (2) a local Community Dispute Resolution Center (“CDRC”); or (3) a mutually agreed-upon and qualified mediator. Each party must cooperate with the CDRC or designated mediator in scheduling a mediation session at a mutually agreeable day and time, within 30 days of the initiation of mediation. Each party must attend at least one mediation session.

7.   Who has to participate in the mediation (i.e. does it have to be the owner)?  A landlord can designate a representative to participate in the mediation on the Landlord’s behalf (including a non attorney). The representative, however, must have the authority to resolve the dispute in the mediation.  Note that a tenant can also designate a representative.

8.   Do I have to reach an agreement in the mediation?  No. Neither party is required to reach an agreement in a mediation. Each party must attempt to mediate the dispute in “good faith.”  The law specifically says that the parties are not required to: (1) reach an agreement on all or any issues in the mediation; (2) participate in more than one mediation session; (3) participate for an unreasonable length of time in a mediation session; or (4) participate if the other party is using the mediation to harass the party or is otherwise abusing the duty to meditate.

9.   What would happen if a party failed to meditate in good faith? If a party fails to meditate in good faith by abusing the right to require mediation or uses mediation to harass the other party, the aggrieved party may recover an amount equal to one month’s rent from the violating party. Please note that this is a two way street. In addition, the other party has a defense to any claim brought by the violating party over the dispute involved in the mediation request, and may have the claim dismissed.

10. Can I use an admission in mediation at a subsequent trial? Conversely, can something I say be used against me? No. Mediation, and what is said during mediation, is confidential. Any statement made in a mediation is inadmissible. The purpose is to have an honest dialogue in order to encourage a settlement. Additionally, a mediator cannot be called as a witness.

Answer: As to whether you or the resident is responsible for the condition of the ground upon which the home sits, it depends on whether the infestation existed at the time of commencement of the tenancy. If “yes,” the it’s your responsibility to abate; if “no” then it’s the tenant’s responsibility.  Here is a summary of the applicable statute.  I have highlighted that portion of the law which applies to your issue:

ORS 90.730 [Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition.] provides in relevant part:

• A landlord who rents a space for a manufactured dwelling shall at all times during the tenancy maintain the rented space, vacant spaces in the facility and the facility common areas in a habitable condition.
• The landlord does not have a duty to maintain a dwelling or home.
• A landlord’s habitability duty includes only the following:
  • A sewage disposal system and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the sewage disposal system can be controlled by the landlord;
  • If required by applicable law, a drainage system reasonably capable of disposing of storm water, ground water and subsurface water, approved under applicable law at the time of installation and maintained in good working order;
  • A water supply and a connection to the space approved under applicable law at the time of installation and maintained so as to provide safe drinking water and to be in good working order to the extent that the water supply system can be controlled by the landlord;
  • An electrical supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the electrical supply system can be controlled by the landlord;
  • At the time of commencement of the rental agreement, buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;
  • Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of commencement of the rental agreement, and for which the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal; and
  • Completion of any landlord-provided space improvements, including but not limited to installation of carports, garages, driveways and sidewalks, approved under applicable law at the time of installation.
•  A rented space is considered unhabitable if the landlord does not maintain a hazard tree as required by ORS 90.727. 
• A vacant space in a facility is considered unhabitable if the space substantially lacks safety from the hazards of fire or injury.
• A facility common area is considered unhabitable if it substantially lacks:
  •  Buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;
  • Safety from the hazards of fire;
  • Trees, shrubbery and grass maintained in a safe manner; and 
  • If supplied or required to be supplied by the landlord to a common area, a water supply system, sewage disposal system or system for disposing of storm water, ground water and subsurface water approved under applicable law at the time of installation and maintained in good working order to the extent that the system can be controlled by the landlord.
•  Note that the landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:
  • The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;
  • The agreement does not diminish the obligations of the landlord to other tenants on the premises; and 
  • The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.[1]

The term “vermin” is defined as:  “Small insects and animals (such as fleas or mice) that are sometimes harmful to plants or other animals and that are difficult to get rid of.” [http://www.merriam-webster.com/dictionary/vermin] That’s a pretty broad definition, and I’m going to assume that “vermin” include ants.  So the question is, was this condition one that existed at the commencement of the tenancy?  If the resident had been at the space for years and never complained until now, I suspect they [or their exterminator] would have a tough time establishing when the problem first occurred.  As you know, pests come and go; they could be seasonal, weather related, food related, hygiene related, etc.

Chances are that if one resident has ants, others may as well.  Had the resident come to you beforehiring the exterminator, I would have suggested that you find out how widespread the problem was, and if it was prevalent throughout the community [or a specific area within the community]perhaps work out some cost-sharing arrangement along with a periodic maintenance schedule to eradicate the problem. That was not done here.   

However, good community relations suggests that you find out the breadth of the problem, and if it affects several residents, discuss a solution with all of them that works for your pocketbook, and the residents’ budget. Whether you pay for the exterminator for one resident, might set a bad precedent, since it could encourage others to do the same.  That’s why you want to find out the scope of the problem.  

Answer: If the tenant has left the home, this does not mean that the landlord’s non-payment of rent notices must follow the tenant around the country in order to be effective. Rather, in cases where the tenant apparently abandons the home (or at least is ignoring his/her space rent responsibilities while gone), the landlord should send the 72-hour notice to the tenant at the tenant’s space. If the tenant has another address known to the landlord, he an send a “courtesy copy” so marked, with an advisory that the original was sent to the space. Upon expiration of the 72 hours without payment, the landlord may file for eviction. If the tenant does not show up at the first appearance, the landlord may obtain a judgment of restitution and recover back possession of the space. Then the landlord may send out a 45-day abandonment letter. A Certificate of Mailing (this is not “certified mail”) is always useful when sending notices, and certainly appropriate here.

Answer:  If the tenant has left the home, this does not mean that the landlord’s non-payment of rent notices must follow the tenant around the country in order to be effective.  Rather, in cases where the tenant apparently abandons the home (or at least is ignoring his/her space rent responsibilities while gone), the landlord should send the 72-hour notice to the tenant at the tenant’s space.  If the tenant has another address known to the landlord, he an send a “courtesy copy” so marked, with an advisory that the original was sent to the space.  Upon expiration of the 72 hours without payment, the landlord may file for eviction. If the tenant does not show up at the first appearance, the landlord may obtain a judgment of restitution and recover back possession of the space.  Then the landlord may send out a 45-day abandonment letter.  A Certificate of Mailing (this is not“certified mail”) is always useful when sending notices, and certainly appropriate here. 

You Make the Call: Does the tenant have a valid claim for failure to accommodate?

Answer: No

Ruling: The California federal court grants summary judgment to the defendants. Even if EHS is a “qualifying disability” under the FHA, the request to remove the cell tower isn’t a “reasonable accommodation” because it would force the city to violate the environmental law [Wolf v. City of Millbrae, 2021 U.S. Dist. LEXIS 159025, 2021 WL 3727072].

Takeaway: You don’t have to provide accommodations that would require violating laws or lease obligations to other tenants. However, you should explore alternatives that would satisfy the requestor’s needs without violating laws or contractual obligations. There were no such alternatives available in the Wolf case.

Tip: You need only grant requested accommodations that are reasonable. According to HUD, a request for an accommodation is reasonable if it:

• Doesn’t cause landlords to incur an undue financial and administrative burden;
• Doesn’t cause a basic or fundamental change in the nature of the housing program available;
• Won’t cause harm or damage to others; and
• Isn’t technologically impossible.

To that list, you can add a request that doesn’t force the landlord to violate a valid law or contractual obligation.

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)

Any and all notices/correspondence between landlord/manager and resident 

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.

The abandonment process for RVs is similar to that for abandoned mobile homes. Under ORS 90.425, the park must issue an abandonment notice for the RV. The notice must state that: (a) The RV and any other property left behind is considered abandoned; (b) The tenant or any lienholder or owner must contact the landlord within 45 days to arrange for the removal of the RV; (c) The RV is stored at a place of safekeeping; (d) The tenant or any lienholder or owner may arrange for removal of the RV by contacting the landlord at a described telephone number or address on or before the specified date; (e) The landlord will make the RV available for removal by appointment at reasonable times; (f) The landlord may require payment of removal and storage charges; (g) If the tenant or any lienholder or owner fails to contact the landlord by the specified date, or after that contact, fails to remove the RV within 30 days, the landlord may sell or dispose of the RV; and, (h) If there is a lienholder or other owner of the RV, they have a right to claim it.

The park must send the notice to the tenant's park address and any other known address for the tenant. The park must also conduct a title search on the RV and send the notice to any listed lienholder or other owners. The notice must be sent by regular first class mail, except that lienholders must also be sent the notice by certified mail.

The good news is that after the park issues the abandonment notice, the RV itself can be removed from the rented space to open it up for a new RV tenant. The abandoned RV simply has to be stored in a "place of safekeeping," such as an on-site storage lot.

Finally, if the RV remains unclaimed after the 45-day period, the park can either throw away or give away the RV if the park estimates that the current fair market value is $1,000 or less, or so low that the cost of storage and conducting an auction probably exceeds the amount that could be realized from a sale. If the estimated value is more than $1,000, the park must hold an abandonment auction using the procedures described by the abandonment statute. (As usual, retain experienced legal counsel if unfamiliar with the abandonment process and procedures.)

Mark L. Busch, P.C.
Attorney at Law
Cornell West, Suite 200
1500 NW Bethany Blvd.
Beaverton, Oregon 97006

Ph: 503-597-1309
Fax: 503-430-7593
Web: www.marklbusch.com
Email: mark@marklbusch.com