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Mark Busch RV Question & Answer: Nonpayment Problems with RV Tenants

Mark L. Busch

 

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

Question: Our park has some manufactured homes and some RV spaces. We are having problems with some of our RV spaces and late payments.  Can we use the “3-strikes” rent nonpayment rule?  If not, what can we do to avoid having to constantly deal with late paying RV tenants?

 

Answer:  Unfortunately, Oregon’s “3-strikes rule” only applies to mobile home park

Phil Querin Q&A: Resident Leaves State - Appropriate to Mail 72 Hour Notice?

Phil Querin

Question. A resident recently moved out of state.  The landlord wants to mail a non-payment of rent notice, and would like proof that the notice was received by the resident.  Can the landlord mail the notice as a "Certificate of Mailing"?

 

 

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.  Ra

Phil Querin Q&A: Resident Requests Ramp to House (Reasonable Accommodation)

Phil Querin

Question.  I have a tenant requesting a reasonable accommodation for a ramp. On the MHCO From 15 (Reasonable Accommodation Request), is says the tenant is responsible for the costs and removal for a modification unless required by law. Is it required by the law to install a ramp? This would mean the Park would pay for it, or is it not a law and a tenant would have to pay the costs to get one installed? We own the unit and space. It is a mobile home rental.

 

What You Need to Know About Oregon Mandatory Mediation and Dispute Resolution in Manufactured and Marina Communities Resource Center

MHCO

 

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

 

1. How to Initiate Mediation or Informal Dispute Resolution

Mark Busch: Landlord Update

Mark L. Busch

The 2019 Oregon Legislature made sweeping changes to the state’s landlord-tenant laws. None will have more impact than Senate Bill 608 (SB 608), which went into effect on February 28, 2019. SB 608 made two significant alterations to Oregon law: (1) After the first year of occupancy in a month-to-month or fixed-term tenancy, landlords are severely limited in their ability to evict tenants, and (2) landlords with month-to-month or fixed-term tenancies are now limited by rent control in their ability to increase rent for an existing tenancy. (NOTE: The cities of Portland, Milwaukie, and Bend have additional restrictions on landlords, and different laws apply to manufactured home and floating home tenants.)

The limitation on evictions after the first year of occupancy will likely have the biggest impact on landlords.