(1) If a marina or a portion of the marina that includes a marina space is to be closed and the land or leasehold converted to a different use, and the closure is not required by the exercise of eminent domain or by order of a federal, state or local agency, the landlord of the marina may terminate a month-to-month or fixed term rental agreement for a marina space by giving the tenant:
(a) Not less than 365 days’ notice in writing before the date designated in the notice for termination; or
(b) Not less than 180 days’ notice in writing before the date designated in the notice for termination, if:
(A) The landlord finds space acceptable to the tenant to which the tenant can move the floating home; and
(B) The landlord pays the cost of moving and set-up expenses or $3,500, whichever is less.
(2) The landlord may:
(a) Provide greater financial incentive to encourage the tenant to accept an earlier termination date than that provided in subsection (1) of this section; or
(b) Contract with the tenant for a mutually acceptable arrangement to assist the tenant’s move.
(3) The Housing and Community Services Department shall adopt rules to administer this section.
(4)(a) A landlord may not increase the rent for a dwelling unit for the purpose of offsetting the payments required under this section.
(b) A landlord may not increase the rent for a dwelling unit after giving a notice of termination under this section to the tenant.
(5) Nothing in subsection (1) of this section shall prevent a landlord from relocating a floating home to another comparable space in the same marina, or in another marina owned by the same owner in the same city, if the landlord desires or is required to make repairs, to remodel or to modify the tenant’s original space.
(6) This section does not limit a landlord’s right to terminate a tenancy for nonpayment of rent under ORS 90.394 or for other cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.632 by complying with ORS 105.105 to 105.168.
(7) If a landlord is required to close a marina by the exercise of eminent domain or by order of a federal, state or local agency, the landlord shall notify the marina tenants no later than 15 days after the landlord receives notice of the exercise of eminent domain or of the agency order. The notice to the tenants shall be in writing, designate the date of closure, state the reason for the closure and describe any government relocation benefits known by the landlord to be available to the tenants. [2007 c.906 §25]
Note: 90.671 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(Ownership Change)
Section: Previous 90.634 90.635 90.645 90.650 90.655 90.660 90.670 90.671 90.675 90.680 90.690 90.710 90.720 90.725 90.730 NextLast modified: August 7, 2008