Landlord and Tenant Relations
Increases in rent; notice; meeting with tenants; effect of failure to
meet. (1) If a rental agreement is a month-to-month tenancy to which
ORS 90.505 to 90.840 apply, the landlord may not increase the rent
unless the landlord gives notice in writing to each affected tenant at
least 90 days prior to the effective date of the rent increase
specifying the amount of the increase, the amount of the new rent and
the date on which the increase becomes effective.
(2) This section does
not create a right to increase rent that does not otherwise exist.
(3) This section does
not require a landlord to compromise, justify or reduce a rent increase
that the landlord otherwise is entitled to impose.
(4) Neither ORS
90.510 (1), requiring a landlord to provide a statement of policy, nor
ORS 90.510 (4), requiring a landlord to provide a written rental
agreement, create a basis for tenant challenge of a rent increase,
judicially or otherwise.
(a) The tenants who reside in a facility may elect one committee of
seven or fewer members in a facility-wide election to represent the
tenants. One tenant of record for each rented space may vote in the
election. Upon written request from the tenants’ committee, the
landlord or a representative of the landlord shall meet with the
committee within 10 to 30 days of the request to discuss the tenants’
nonrent concerns regarding the facility. Unless the parties agree
otherwise, upon a request from the tenants’ committee, a landlord or
representative of the landlord shall meet with the tenants’ committee
at least once, but not more than twice, each calendar year. The meeting
shall be held on the premises if the facility has suitable meeting
space for that purpose, or at a location reasonably convenient to the
tenants. After the meeting, the tenants’ committee shall send a written
summary of the issues and concerns addressed at the meeting to the
landlord. The landlord or the landlord’s representative shall make a
good faith response in writing to the committee’s summary within 60
(b) The tenants’ committee is entitled to informal
dispute resolution in accordance with ORS 446.547 if the landlord or
landlord’s representative fails to meet with the tenants’ committee or
fails to respond in good faith to the written summary as required by
paragraph (a) of this subsection. [Formerly 91.869; 1991 c.844 §8;
1995 c.559 §35; 1997 c.577 §26a; 1999 c.676 §21; 2001
Persons authorized to receive notice and demands on landlord’s behalf;
written notice to change designated person. Any person authorized by
the landlord of a facility to receive notices and demands on the
landlord’s behalf retains this authority until the authorized person is
notified otherwise. Written notice of any change in the name or address
of the person authorized to receive notices and demands shall be
delivered to the residence of each person who rents a space for a
manufactured dwelling or floating home or, if specified in writing by
the tenant, to another specified address. [Formerly 91.935; 1991 c.844
dispute resolution; notice of proposed change in rule or regulation;
objection to change by tenant. (1) As used in this section, “eligible
space” means each space in the facility as long as:
(a) The space is rented to a tenant and the tenancy
is subject to ORS 90.505 to 90.840; and
(b) The tenant who occupies the space has not:
agreed to a rental agreement that includes the proposed rule or
regulation change; or
Become subject to the proposed rule or regulation change as a result of
a change in rules or regulations previously adopted in a manner
consistent with this section.
ORS 90.245 (1), the parties to a rental agreement to which ORS 90.505
to 90.840 apply shall provide for a process establishing informal
dispute resolution of disputes that may arise concerning the rental
agreement for a manufactured dwelling or floating home space.
(3) The landlord may
propose changes in rules or regulations, including changes that make a
substantial modification of the landlord’s bargain with a tenant, by
giving written notice of the proposed rule or regulation change, and
unless tenants of at least 51 percent of the eligible spaces in the
facility object in writing within 30 days of the date the notice was
served, the change shall become effective for all tenants of those
spaces on a date not less than 60 days after the date that the notice
was served by the landlord.
(4) One tenant of
record per eligible space may object to the rule or regulation change
(a) A signed and dated written communication to the
(b) A petition format that is signed and
dated by tenants of eligible spaces and that includes a copy of the
proposed rule or regulation and a copy of the notice.
(5) If a tenant of an
eligible space signs both a written communication to the landlord and a
petition under subsection (4) of this section, or signs more than one
written communication or petition, only the latest signature of the
tenant may be counted.
subsection (4) of this section, a proxy may be used only if a tenant
has a disability that prevents the tenant from objecting to the rule or
regulation change in writing.
(7) The landlord’s
notice of a proposed change in rules or regulations required by
subsection (3) of this section must be given or served as provided in
ORS 90.155 and must include:
(a) Language of the existing rule or regulation and
the language that would be added or deleted by the proposed rule or
regulation change; and
(b) A statement substantially in the
following form, with all blank spaces in the notice to be filled in by
NOTICE OF PROPOSED RULE
OR REGULATION CHANGE
The landlord intends to change a rule or
regulation in this facility.
The change will go into effect unless
tenants of at least 51 percent of the eligible spaces object in writing
within 30 days. Any objection must be signed and dated by a tenant of
an eligible space.
The number of eligible spaces as of the
date of this notice is:_____. Those eligible spaces are (space or
The last day for a tenant of an eligible
space to deliver a written objection to the landlord is _________
(landlord fill in date).
Unless tenants in at least 51 percent of
the eligible spaces object, the proposed rule or regulation will go
into effect on _________.
The parties may attempt to resolve
disagreements regarding the proposed rule or regulation change by using
the facility’s informal dispute resolution process.
(8) A good faith
mistake by the landlord in completing those portions of the notice
relating to the number of eligible spaces that have tenants entitled to
vote or relating to space or street identification numbers does not
invalidate the notice or the proposed rule or regulation change.
(9) After the
effective date of the rule or regulation change, when a tenant
continues to engage in an activity affected by the new rule or
regulation to which the landlord objects, the landlord may give the
tenant a notice of termination of the tenancy pursuant to ORS 90.630.
The notice shall include a statement that the tenant may request a
resolution through the facility’s informal dispute resolution process
by giving the landlord a written request within seven days from the
date the notice was served. If the tenant requests an informal dispute
resolution, the landlord may not file an action for possession pursuant
to ORS 105.105 to 105.168 until 30 days after the date of the tenant’s
request for informal dispute resolution or the date the informal
dispute resolution is complete, whichever occurs first.
(10) An agreement
under this section may not require informal dispute resolution of
disputes relating to:
(a) Facility closure;
(b) Facility sale; or
(c) Rent, including but not limited to amount,
increase and nonpayment.
(11) ORS 90.510 (1) to
(3), requiring a landlord to provide a statement of policy, do not
create a basis for a tenant to demand informal dispute resolution of a
rent increase. [1991 c.844 §10; 1993 c.580 §1; 1995 c.559
§36; 2001 c.596 §36a]
Termination by tenant; notice to landlord. (1) The tenant who rents a
space for a manufactured dwelling or floating home may terminate a
rental agreement that is a month-to-month or fixed term tenancy without
cause by giving to the landlord, at any time during the tenancy, not
less than 30 days’ notice in writing prior to the date designated in
the notice for the termination of the tenancy.
(2) The tenant may
terminate a rental agreement that is a month-to-month or fixed term
tenancy for cause pursuant to ORS 90.315, 90.360 (1), 90.365 (2),
90.375 or 90.380.
(3) A tenant may not
be required to give the landlord more than 30 days’ written notice to
terminate. [Formerly 91.880; 1991 c.67 §15; 1993 c.18 §16;
2001 c.596 §37]
information is not intended to provide legal advice. Any
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questions about these types of issues may call ASUO
Services at 346-4273 to arrange an appointment.
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