(1) If a manufactured dwelling park, or a portion of the park that includes the space for a manufactured dwelling, is to be closed and the land or leasehold converted to a use other than as a manufactured dwelling park, and the closure is not required by the exercise of eminent domain or by order of federal, state or local agencies, the landlord may terminate a month-to-month or fixed term rental agreement for a manufactured dwelling park space:
(a) By giving the tenant not less than 365 days’ notice in writing before the date designated in the notice for termination; and
(b) By paying a tenant, for each space for which a rental agreement is terminated, one of the following amounts:
(A) $5,000 if the manufactured dwelling is a single-wide dwelling;
(B) $7,000 if the manufactured dwelling is a double-wide dwelling; or
(C) $9,000 if the manufactured dwelling is a triple-wide or larger dwelling.
(2) Notwithstanding subsection (1) of this section, if a landlord closes a manufactured dwelling park under this section as a result of converting the park to a subdivision under ORS 92.830 to 92.845, the landlord:
(a) May terminate a rental agreement by giving the tenant not less than 180 days’ notice in writing before the date designated in the notice for termination.
(b) Is not required to make a payment under subsection (1)(b) of this section to a tenant who:
(A) Buys the space or lot on which the tenant’s manufactured dwelling is located and does not move the dwelling; or
(B) Sells the manufactured dwelling to a person who buys the space or lot.
(3) A notice given under subsection (1) or (2) of this section shall, at a minimum:
(a) State that the landlord is closing the park, or a portion of the park, and converting the land or leasehold to a different use;
(b) Designate the date of closure; and
(c) Include the tax credit notice described in ORS 90.650.
(4) Except as provided in subsections (2) and (5) of this section, the landlord must pay a tenant the full amount required under subsection (1)(b) of this section regardless of whether the tenant relocates or abandons the manufactured dwelling. The landlord shall pay at least one-half of the payment amount to the tenant within seven days after receiving from the tenant the notice described in subsection (5)(a) of this section. The landlord shall pay the remaining amount no later than seven days after the tenant ceases to occupy the space.
(5) Notwithstanding subsection (1) of this section:
(a) A landlord is not required to make a payment to a tenant as provided in subsection (1) of this section unless the tenant gives the landlord not less than 30 days’ and not more than 60 days’ written notice of the date within the 365-day period on which the tenant will cease tenancy, whether by relocation or abandonment of the manufactured dwelling.
(b) If the manufactured dwelling is abandoned:
(A) The landlord may condition the payment required by subsection (1) of this section upon the tenant waiving any right to receive payment under ORS 90.425 or 90.675.
(B) The landlord may not charge the tenant to store, sell or dispose of the abandoned manufactured dwelling.
(6)(a) A landlord may not charge a tenant any penalty, fee or unaccrued rent for moving out of the manufactured dwelling park prior to the end of the 365-day notice period.
(b) A landlord may charge a tenant for rent for any period during which the tenant occupies the space and may deduct from the payment amount required by subsection (1) of this section any unpaid moneys owed by the tenant to the landlord.
(7) A landlord may not increase the rent for a manufactured dwelling park space after giving a notice of termination under this section to the tenant of the space.
(8) 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.
(9) If a landlord is required to close a manufactured dwelling park by the exercise of eminent domain or by order of a federal, state or local agency, the landlord shall notify the park 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, describe the tax credit available under section 17, chapter 906, Oregon Laws 2007, and any government relocation benefits known by the landlord to be available to the tenants and comply with any additional content requirements under ORS 90.650. [2007 c.906 §2]
Note: The amendments to 90.645 by section 2a, chapter 906, Oregon Laws 2007, become operative January 1, 2013. See section 2b, chapter 906, Oregon Laws 2007. The text that is operative on and after January 1, 2013, is set forth for the user’s convenience.
90.645. (1) If a manufactured dwelling park, or a portion of the park that includes the space for a manufactured dwelling, is to be closed and the land or leasehold converted to a use other than as a manufactured dwelling park, and the closure is not required by the exercise of eminent domain or by order of federal, state or local agencies, the landlord may terminate a month-to-month or fixed term rental agreement for a manufactured dwelling park space:
(a) By giving the tenant not less than 365 days’ notice in writing before the date designated in the notice for termination; and
(b) By paying a tenant, for each space for which a rental agreement is terminated, one of the following amounts:
(A) $5,000 if the manufactured dwelling is a single-wide dwelling;
(B) $7,000 if the manufactured dwelling is a double-wide dwelling; or
(C) $9,000 if the manufactured dwelling is a triple-wide or larger dwelling.
(2) Notwithstanding subsection (1) of this section, if a landlord closes a manufactured dwelling park under this section as a result of converting the park to a subdivision under ORS 92.830 to 92.845, the landlord:
(a) May terminate a rental agreement by giving the tenant not less than 180 days’ notice in writing before the date designated in the notice for termination.
(b) Is not required to make a payment under subsection (1)(b) of this section to a tenant who:
(A) Buys the space or lot on which the tenant’s manufactured dwelling is located and does not move the dwelling; or
(B) Sells the manufactured dwelling to a person who buys the space or lot.
(3) A notice given under subsection (1) or (2) of this section shall, at a minimum:
(a) State that the landlord is closing the park, or a portion of the park, and converting the land or leasehold to a different use;
(b) Designate the date of closure; and
(c) Include the tax notice described in ORS 90.650.
(4) Except as provided in subsections (2) and (5) of this section, the landlord must pay a tenant the full amount required under subsection (1)(b) of this section regardless of whether the tenant relocates or abandons the manufactured dwelling. The landlord shall pay at least one-half of the payment amount to the tenant within seven days after receiving from the tenant the notice described in subsection (5)(a) of this section. The landlord shall pay the remaining amount no later than seven days after the tenant ceases to occupy the space.
(5) Notwithstanding subsection (1) of this section:
(a) A landlord is not required to make a payment to a tenant as provided in subsection (1) of this section unless the tenant gives the landlord not less than 30 days’ and not more than 60 days’ written notice of the date within the 365-day period on which the tenant will cease tenancy, whether by relocation or abandonment of the manufactured dwelling.
(b) If the manufactured dwelling is abandoned:
(A) The landlord may condition the payment required by subsection (1) of this section upon the tenant waiving any right to receive payment under ORS 90.425 or 90.675.
(B) The landlord may not charge the tenant to store, sell or dispose of the abandoned manufactured dwelling.
(6)(a) A landlord may not charge a tenant any penalty, fee or unaccrued rent for moving out of the manufactured dwelling park prior to the end of the 365-day notice period.
(b) A landlord may charge a tenant for rent for any period during which the tenant occupies the space and may deduct from the payment amount required by subsection (1) of this section any unpaid moneys owed by the tenant to the landlord.
(7) A landlord may not increase the rent for a manufactured dwelling park space after giving a notice of termination under this section to the tenant of the space.
(8) 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.
(9) If a landlord is required to close a manufactured dwelling park by the exercise of eminent domain or by order of a federal, state or local agency, the landlord shall notify the park 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, describe any government relocation benefits known by the landlord to be available to the tenants and comply with any additional content requirements under ORS 90.650.
(10) The Office of Manufactured Dwelling Park Community Relations shall adopt rules establishing a sample form for the notice described in subsection (3) of this section.
Section: Previous 90.605 90.610 90.620 90.630 90.632 90.634 90.635 90.645 90.650 90.655 90.660 90.670 90.671 90.675 90.680 NextLast modified: August 7, 2008