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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.

The written rent increase notice to tenants must state (1) the amount of the rent increase; (2) the amount of the new rent; and, (3) the date on which the increase becomes effective. If the notice is mailed to the tenants, you must add at least three additional days to the notice period (not counting the date mailed) to allow for mailing. The notice can also be hand-delivered to the tenants, but this means putting it directly in the tenant's hand - posting the notice is legally ineffective.

If you happen to have any fixed-term tenancies, be aware that rent can only be raised for those tenants in accordance with whatever the rental agreement says concerning rent increases. Week-to-week tenants can have their rent raised with at least seven days' written notice prior to the effective date of the increase. The same rules apply regarding the information that must be in the notice (amount, new rent, effective date), and regarding additional mailing time for the notice.

There is currently no limit on the amount of a rent increase, although there are rent control measures under consideration in the Oregon legislature. With that in mind, beware that any rent increase that you issue before the legislature adjourns might be subject to new laws. Check in on the MHCO website to keep apprised of any legislative changes.

Special rules also apply within the Portland city limits. By ordinance, a rent increase of 10% or more within a 12-month period triggers the tenant's right to terminate the tenancy on 14 days' written notice and potentially receive a "relocation assistance" payment from the landlord. These payments are based on the size of the rental unit and start at $2,900. However, it is questionable whether the ordinance as written applies to RV tenancies. If you intend to issue a rent increase of 10% or more within the City of Portland, you should first consult with a knowledgeable attorney to assess the risk of being subject to relocation payments.

The 2011 Oregon Legislative Session has now reached the halfway point.  MHCO has been successful in defeating a number of particularly bad pieces of legislation.  We need to stay engaged and vigiliant as the Legislative Session moves to adjournment in late June. 

MHCO Defeated:

HB 2172 - Rent Control with mandatory mediation and the establishment of a regulatory enforcement regime that would all the Oregon Attorney General enforcement landlord- tenant law in Oregon manufactured home communities.  For those of you who are familiar with Washington State this is a similar program with rent control.  This bill had strong support from many legislators who are in powerful positions, including Representative Buckley who is the House Ways and Means Co-Chair.  Peter Ferris was heavily involved in this bill - many of MHCO's members from southern Oregon have probably heard about his bill over the last year.  Many of the concepts will resurface again in future Legislatures.

HB 2885 - This bill originally applied to all  residential properties that had Department of Education employees who where evicted - required landlord to inventory their belongs and return appropriate property to the Department of Education.  This bill has been amended to exclude residential property.

HB 3073 - This bill expanded upon HB 2383 from 2009 that established a 14 day right of first refusal.  This bill was designed to increase the 14 days to an undetermined amount.  I will have more about this issue in a subsequent update on the landlord tenant coalition bill.  Representative Nathanson was hoping to increase the 14 days to a higher number.

HB 3183 - This bill lift the ban on local governments from passing rent control ordinances.  It will still have a hearing later this session, but since it the public hearing did not occur before today the bill cannot move forward to a work session.  It can only have a hearing - nothing more.  That being said, please do not be complacent when a hearing is scheduled - we need as many people to show up to oppose this bill as possible.  We will be dealing with this issue for the next session or two - we need to be vigilant.

Two additional issues that MHCO has been focused - mandatory water sub-metering and mandatory escrow when a community owner sells a manufactured home in their community have been significantly altered.  MHCO was able to perserve the exemption from mandatory water sub-metering for communities with 199 or less spaces.  MHCO also successfully changed SB 85 to eliminate the mandatory escrow requirement for community owners who sell a manufactured home in their community.  Two big wins for community owners in Oregon.

Answer: Here is a summary of ORS 90.260, the late fee statute. It answers the questions posed above.

(1) A landlord may impose a late charge or fee, however designated, only if:

• The rent payment is not received by the fourth day of the period for which rent is payable; and
• There exists a written rental agreement that specifies:
  • The tenant's obligation to pay a late charge;
  • The type and amount of the late charge; and
  • The date on which rent payments are due, and the date on which late charges become due.

(2) The amount of any late charge may not exceed:

• A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market;
• A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable lat amount", described above; or
• Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only.

(3) In periodic tenancies (e.g. month-to-month), a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant.

(4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment.

(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed.

(6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]

Answer: Here is a summary of ORS 90.260, the late fee statute. It answers the questions posed above.

(1) A landlord may impose a late charge or fee, however designated, only if:

• The rent payment is not received by the fourth day of the period for which rent is payable; and
• There exists a written rental agreement that specifies:
  • The tenant's obligation to pay a late charge;
  • The type and amount of the late charge; and
  • The date on which rent payments are due, and the date on which late charges become due.

(2) The amount of any late charge may not exceed:

• A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market;
• A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable lat amount", described above; or
• Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only.

(3) In periodic tenancies (e.g. month-to-month), a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant.

(4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment.

(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed.

(6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]

Answer: Here is a summary of ORS 90.260, the late fee statute. (1) A landlord may impose a late charge or fee, however designated, only if: - The rent payment is not received by the fourth day of the period for which rent is payable; and - There exists a written rental agreement that specifies: _ The tenant's obligation to pay a late charge; _ The type and amount of the late charge; and _ The date on which rent payments are due, and the date on which late charges become due. (2) The amount of any late charge may not exceed: - A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market; - A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable flat amount", described above; or - Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only. (3) In periodic tenancies [e.g. month-to-month], a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant. (4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment. (5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed. (6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]

Answer. This sounds to me a problem that transcends the park rules. Based upon your description of these circumstances, you are certainly within your rights to issue a 30-day curable notice under ORS 90.630(1)(a) and (b) for violation of one or more of your park rules (I'd have to read them to say for certain), the rental agreement (same caveat), or ORS 90.740(4)(j) (Tenant Obligations)[1].

You have not mentioned whether the Temporary Occupants are staying there under a written Temporary Occupant Agreement. If so, it is far easier to terminate them, than terminating the tenancy of a tenant who is occupying the space under a signed Rental Agreement.[2]

But the larger problem, from a humanitarian point of view, is what happens after you have all of the offenders removed? The cycle will likely repeat itself somewhere else, and the situation could become even worse for the children. I suggest you have a discussion with the tenants and make it clear that (a) the extra occupants will have to leave, and that (b) some effort should be made to assist the mother and children transition into a stable living environment. Perhaps a little advance research is in order for you, since it sounds as if the children's best interests are not being properly addressed by anyone in the home. See, https://www.oregon.gov/DHS/Offices/Pages/Child-Welfare.aspx

[1] Behave, and require persons on the premises with the consent of the tenant to behave, in a manner that does not disturb the peaceful enjoyment of the premises by neighbors.

[2] You need "cause" to terminate both, but there is no 30-day cure period for the Temporary Occupant. See, ORS 90.275.

Answer. This sounds to me a problem that transcends the park rules. Based upon your description of these circumstances, you are certainly within your rights to issue a 30-day curable notice under ORS 90.630(1)(a) and (b) for violation of one or more of your park rules (I'd have to read them to say for certain), the rental agreement (same caveat), or ORS 90.740(4)(j) (Tenant Obligations)[1].

You have not mentioned whether the Temporary Occupants are staying there under a written Temporary Occupant Agreement. If so, it is far easier to terminate them, than terminating the tenancy of a tenant who is occupying the space under a signed Rental Agreement.[2]

But the larger problem, from a humanitarian point of view, is what happens after you have all of the offenders removed? The cycle will likely repeat itself somewhere else, and the situation could become even worse for the children. I suggest you have a discussion with the tenants and make it clear that (a) the extra occupants will have to leave, and that (b) some effort should be made to assist the mother and children transition into a stable living environment. Perhaps a little advance research is in order for you, since it sounds as if the children's best interests are not being properly addressed by anyone in the home. See, https://www.oregon.gov/DHS/Offices/Pages/Child-Welfare.aspx

[1] Behave, and require persons on the premises with the consent of the tenant to behave, in a manner that does not disturb the peaceful enjoyment of the premises by neighbors.

[2] You need "cause" to terminate both, but there is no 30-day cure period for the Temporary Occupant. See, ORS 90.275.

Answer: Here is a summary of ORS 90.260, the late fee statute. It answers the questions posed above.

(1) A landlord may impose a late charge or fee, however designated, only if:

• The rent payment is not received by the fourth day of the period for which rent is payable; and
• There exists a written rental agreement that specifies:
  • The tenant's obligation to pay a late charge;
  • The type and amount of the late charge; and
  • The date on which rent payments are due, and the date on which late charges become due.

(2) The amount of any late charge may not exceed:

• A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market;
• A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable lat amount", described above; or
• Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only.

(3) In periodic tenancies (e.g. month-to-month), a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant.

(4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment.

(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed.

(6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]

Answer: Here is a summary of ORS 90.260, the late fee statute. It answers the questions posed above.

(1) A landlord may impose a late charge or fee, however designated, only if:

• The rent payment is not received by the fourth day of the period for which rent is payable; and
• There exists a written rental agreement that specifies:
  • The tenant's obligation to pay a late charge;
  • The type and amount of the late charge; and
  • The date on which rent payments are due, and the date on which late charges become due.

(2) The amount of any late charge may not exceed:

• A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market;
• A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable lat amount", described above; or
• Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only.

(3) In periodic tenancies (e.g. month-to-month), a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant.

(4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment.

(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed.

(6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]

Answer: Here is a summary of ORS 90.260, the late fee statute. It answers the questions posed above.

(1) A landlord may impose a late charge or fee, however designated, only if:

• The rent payment is not received by the fourth day of the period for which rent is payable; and
• There exists a written rental agreement that specifies:
  • The tenant's obligation to pay a late charge;
  • The type and amount of the late charge; and
  • The date on which rent payments are due, and the date on which late charges become due.

(2) The amount of any late charge may not exceed:

• A reasonable flat amount, charged once per rental period. "Reasonable amount" means the customary amount charged by landlords for that rental market;
• A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent (not including any late charge), is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount of the "reasonable lat amount", described above; or
• Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing until that rent payment (not including any late charge), is paid in full, through that rental period only.

(3) In periodic tenancies (e.g. month-to-month), a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant.

(4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment in order to make the rent payment short so as to issue a 72-hour notice of nonpayment.

(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments (9.00%) and accruing from the date the late charge is imposed.

(6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent, but is grounds for termination of a rental agreement for cause by using a curable 30-day written notice of termination. [Note: The landlord may identify the late charge on the 72-hour notice of nonpayment of rent, so long as it makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge.]