registered owner vs legal owner mobile home

If the tenant does not provide the written notice, the landlord may terminate the tenancy based upon ORS 90.392 or 90.394. (d) Any transfer by a partnership to any of its partners. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due. The number of eligible spaces as of the date of this notice is:_____. [Formerly 91.955; 2001 c.596 49]. (A) The landlord buys the personal property at a sale described under subsection (11) of this section; (B) The current market value of the personal property is more than $8,000; (C) The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments owed on the personal property after distribution of the proceeds pursuant to subsection (13) of this section; and. Here goes: I currently live on a boat and the person who's renting me the boat needs money to pay some bills. - Quick Auto Tags - The Best California DMV Alternative Shouldn't legal owner of a vehicle be the registered owner? A violation of the rules and regulations may be cause for termination of a rental agreement. (1) Except as provided in subsection (4) of this section, the landlord may terminate a rental agreement that is a month-to-month or fixed term tenancy for space for a manufactured dwelling or floating home by giving to the tenant not less than 30 days' notice in writing before the date designated in the notice for termination if the tenant: (a) Violates a law or ordinance related to the tenant's conduct as a tenant, including but not limited to a material noncompliance with ORS 90.740; (b) Violates a rule or rental agreement provision related to the tenant's conduct as a tenant and imposed as a condition of occupancy, including but not limited to a material noncompliance with a rental agreement regarding a program of recovery in drug and alcohol free housing; (c) Is classified as a level three sex offender under ORS 181.800 (3) or is determined to be a predatory sex offender under ORS 181.838; or. (a) The person against whom an incident related to domestic violence, sexual assault or stalking is perpetrated; or. [2003 c.378 5; 2007 c.508 11]. 90.537 Conversion of billing method for utility or service charges. (c) Consistent with paragraphs (a) and (b) of this subsection, sell certain items and destroy or otherwise dispose of the remaining personal property. For purposes of this paragraph, an act is outrageous in the extreme if the act is not described in paragraphs (a) to (e) of this subsection, but is similar in degree and is one that a reasonable person in that community would consider to be so offensive as to warrant termination of the tenancy within 24 hours, considering the seriousness of the act or the risk to others. (6) The date and time for moving out specified in a notice under subsection (3) of this section must be at least 24 hours after the date and time the notice is delivered to the tenant. Our years of experience, buying, selling, renovating, managing rentals, and brokering transactions has given us a wealth of knowledge we want to share with you. (1) If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord shall disclose that circumstance to the tenant in writing before the execution of the rental agreement: (a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee's sale under a trust deed; (b) Any pending suit to foreclose a mortgage, trust deed or vendor's lien under a contract of sale; (c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or. (b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. They must do this because only the owner of record can request duplicate titles. A landlord may note the imposition of a late charge on a nonpayment of rent termination notice under ORS 90.394, so long as the notice states or otherwise makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge, within the allotted time. [2005 c.619 2; 2007 c.906 38; 2009 c.816 10]. A landlord's habitability duty under this section includes only the matters described in subsections (3) to (6) of this section. (b) The landlord must demonstrate significant other conservation measures, including: (A) Testing for leaks in common areas of the manufactured dwelling park at least annually, repairing significant leaks within a reasonable time and making test results available to tenants; (B) Testing each occupied manufactured dwelling and space for leaks without charge to a tenant occupying the dwelling at least annually and making test results available to the tenant; (C) Posting annually in any manufactured dwelling park office and in any common area evidence demonstrating that per capita consumption of water in the manufactured dwelling park is below the area average for single-family dwellings, as shown by data from the local provider of water; and. The court may at any time release money paid into court to either party if the parties agree or if the court finds such party to be entitled to the sum so released. (C) Immediately terminate the rental agreement by giving the landlord actual notice and the reason for the termination. (6) If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant's exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord may not be found in violation of any state statute or local ordinance due to the failure. "Floating home" includes an accessory building or structure. (c) Post a bond or pay a deposit in an amount not to exceed the cost of restoring the premises to its condition at the time of installation of the alternative energy device. (b) If the landlord does not provide the tenant with written evidence as described in paragraph (a) of this subsection within the 30-day period after delivery of the notice of termination, the tenancy terminates as provided in the notice. (8) "DBH" means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side. Consult a real estate lawyer. (b) Establish the policies regarding trees that are described in the amendments to ORS 90.510 by section 8 of this 2013 Act. (2) "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. (6) "Statement of estimated costs" means a written list of the charges, fees, services, goods and accessories that a provider knows or should know are associated with the making of an improvement contracted by the provider and the total estimated cost to the buyer for the improvement. 90.690 [Formerly 91.910; 1991 c.844 15; 1993 c.580 7; 1995 c.559 38; repealed by 1997 c.577 50]. (2) A landlord may take action under this section before the operative date of sections 4 and 5 of this 2013 Act and the amendments to ORS 90.100, 90.412, 90.532, 90.543, 90.555, 90.634, 90.643, 90.680, 90.725, 90.730 and 90.740 by sections 1 to 3, 6, 7 and 9 to 14 of this 2013 Act [January 1, 2014]. (9) Notwithstanding ORS 12.125, a tenant who seeks to obtain injunctive relief to recover possession under ORS 105.121 must commence the action to seek relief not more than 90 days after the date specified in the notice for the tenant to move out. (2) A landlord may not impose different rules, conditions or standards or selectively enforce rules, conditions or standards against a tenant or applicant on the basis that the tenant or applicant is or has been a victim of domestic violence, sexual assault or stalking. (1) A tenant's duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement provisions regarding payment. Such funds advanced shall be repaid to the Housing and Community Services Department as determined by the director. (e) A landlord is not required to enter into a storage agreement with a lienholder, owner, personal representative or designated person pursuant to subsection (19) of this section. [Formerly 91.800; 1993 c.369 8; 1995 c.559 20; 1997 c.577 19; 1999 c.603 21; 1999 c.676 13]. (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. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. Lawyers, Answer Questions & Get Points Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394, but is grounds for termination of a rental agreement for cause under ORS 90.630. (a) "Current market value" means the amount in cash, as determined by the county assessor, that could reasonably be expected to be paid for personal property by an informed buyer to an informed seller, each acting without compulsion in an arm's-length transaction occurring on the assessment date for the tax year or on the date of a subsequent reappraisal by the county assessor. The tenant need not terminate the rental agreement, obtain injunctive relief or recover possession to recover damages under this section. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. 90.250 Receipt of rent without obligation to maintain premises prohibited. [2005 c.619 9; 2009 c.816 8; 2011 c.503 9]. See the table of ORS sections amended or repealed during the 2012 regular session: 2012 A&R Tables. (9) This section does not preclude the tenant from pursuing any other remedies under this chapter. New rules and regulations that regulate the activities of pets shall apply to all pets in the facility, including those pets that were living in the facility prior to the adoption of the new rules or regulations. (1) Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may not enter into a rental agreement creating a new tenancy in the dwelling unit if the dwelling unit: (a) Contains a carbon monoxide source; or. (2) The landlord or a landlord's agent may not enter the space more than once per month. 90.147 Delivery of possession. (b) In the event the tenant counterclaims, the court at the landlord's or tenant's request may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. (7) "Conduct" means the commission of an act or the failure to act. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. Unless the parties agree otherwise, the storage agreement must commence upon the date of the termination of the tenancy. (c) If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement. (11) The authority granted in this section for a utility or service provider to apply policy regarding the billing methods described in subsection (1) of this section does not authorize the utility or service provider to dictate either the amount billed to tenants or the rate at which tenants are billed under ORS 90.534 or 90.536. (3) Notwithstanding subsections (1) and (2) of this section, a landlord may terminate the tenancy of a victim of domestic violence, sexual assault or stalking if the landlord has previously given the tenant a written warning regarding the conduct of the perpetrator relating to domestic violence, sexual assault or stalking and: (a) The tenant permits or consents to the perpetrator's presence on the premises and the perpetrator is an actual and imminent threat to the safety of persons on the premises other than the victim; or. [1989 c.919 8; 1991 c.844 25; 1995 c.559 43]. (a) A landlord may not enter into a temporary occupancy agreement for the purpose of evading landlord responsibilities under this chapter or to diminish the rights of an applicant or tenant under this chapter. Note: The amendments to 90.440 by section 69, chapter 644, Oregon Laws 2011, become operative July 1, 2015. (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. (a) A landlord shall return the money due the applicant or tenant under subsections (6) and (7) of this section either by making the money available to the applicant or tenant at the landlord's customary place of business or by mailing the money by first class mail to the applicant or tenant. Limitations on zoning for manufactured homes. The landlord or landlord's agent may not enter if the tenant, after receiving the landlord's notice, denies consent to enter. Last 30 Days. (b) Does not have the rights of a tenant. ORS 90.255 does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph. A termination shall include removal of the dwelling or home. (2) Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or ORS 90.320 or 90.730. Only a peace officer may forcibly remove a tenant who remains on the group recovery home premises after the date and time specified for moving out. (B) A percentage equal to the percentage increase in the Portland-Salem Consumer Price Index for All Urban Consumers for All Items as reported by the United States Bureau of Labor Statistics. (b) After the specified ending date for the fixed term, at any time during the month-to-month tenancy, the landlord may terminate the tenancy without cause only by giving the tenant notice in writing not less than 60 days prior to the date designated in the notice for the termination of the tenancy. Note: 90.738 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. (9) Except as provided in subsections (18) to (20) of this section, if the tenant or lienholder does not respond within the time provided by the landlord's notice, or the tenant or lienholder does not remove the personal property within 30 days after responding to the landlord or by any date agreed to with the landlord, whichever is later, the personal property is conclusively presumed to be abandoned. Well cover this more at the end of this article, but for now well focus on mobile home titles. In addition, the landlord may recover from the tenant any actual damages resulting from the tenant holding over, including the value of any rent accruing from the expiration or termination of the rental agreement until the landlord knows or should know that the tenant has relinquished possession to the landlord. (d) If the contractor and the department determine that the premises or the tenant's personal property is not unfit for use, upon notification by the department of the determination, the landlord shall comply with subsections (1) to (22) and (24) to (27) of this section for any personal property left on the premises. Experts inside and outside the company warned of potential dangers and urged the company to undergo a . (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service, but not including residence in off-campus nondormitory housing. (4) A landlord does not waive the right to terminate a rental agreement for a violation under any of the following circumstances: (a) The landlord and tenant agree otherwise after the violation has occurred. (c) That the tenancy is subject to the requirements of ORS 197.493 (1) for exemption from placement and occupancy restrictions. The purpose of the statement of policy is to provide disclosure of the landlord's policies to prospective tenants and to existing tenants who have not previously received a statement of policy. Browse rent to own homes in Boardman, OR, current as of June 2023. (b) The landlord may not unreasonably reject a prospective purchaser as a tenant. A local government may not enforce an ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures adopted by the local government on or after July 1, 2007, or amended on or after January 1, 2010. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. When referring to a mobile home that is untitled pursuant to this chapter, the owner is the person who owns the land. The landlord may charge a fee of up to $250 unless the State Fire Marshal assesses the tenant a civil penalty for the conduct under ORS 479.990 or under ORS 105.836 to 105.842 and 476.725. (a) Shall maintain a tree that is a hazard tree, that was not planted by the current tenant, on a rented space in a manufactured dwelling park if the landlord knows or should know that the tree is a hazard tree. (c) The 30-day notice of termination states facts sufficient to notify the tenant of the cause for termination of the tenancy and is given to the tenant concurrent with or after the third or a subsequent nonpayment of rent termination notice. (3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent. 90.605 Persons authorized to receive notice and demands on landlord's behalf; written notice to change designated person. (b) Except as provided in ORS 86.782 (10), the holder of the landlord's interest in the premises at the time the tenancy terminates is responsible to the tenant for any security deposit or prepaid rent and is bound by this section. An act that is outrageous in the extreme is more extreme or serious than an act that warrants a 30-day termination under ORS 90.392. 1437f. The notice must be in writing and include: (a) A statement that a portion of the rent is being paid by the seller or out of the proceeds from financing; and. (e) During the term of an agreement described under this subsection, the lienholder has the right to remove or sell the property, subject to the provisions of the lien. As long as you both signed the title form at the time of sale, then you have an executable title. (30) "Month-to-month tenancy" means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties. The warning must be contained in at least two nonpayment of rent termination notices that precede the third notice within a 12-month period or in separate written notices that are given concurrent with, or a reasonable time after, each of the two nonpayment of rent termination notices; and. (39) "Roomer" means a person occupying a dwelling unit that does not include a toilet and either a bathtub or a shower and a refrigerator, stove and kitchen, all provided by the landlord, and where one or more of these facilities are used in common by occupants in the structure. (B) Service of a nonpayment of rent termination notice under ORS 90.394. (d) A utility or service charge, including any additional amount added pursuant to paragraph (b) of this subsection, is not rent or a fee. (F) Smoking in a clearly designated nonsmoking unit or area of the premises. (2) If a manufactured dwelling or floating home was occupied immediately prior to abandonment by a person other than the facility tenant, and the name and address of the person are known to the landlord, a landlord selling or disposing of the dwelling or home under subsection (1) of this section shall promptly send the person a copy of the notice sent to the facility tenant under ORS 90.675 (3). (2) The amount of any applicant screening charge shall not be greater than the landlord's average actual cost of screening applicants. Leave a comment if you have questions and well do whatever we can to help you get an answer to your question. (37) "Rent" means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. (2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. (b) If there is no buyer at a sale described under paragraph (a) of this subsection, the personal property is considered to be worth $8,000 or less, regardless of current market value, and the landlord shall destroy or otherwise dispose of the personal property. (b) If there is no buyer at a sale of a manufactured dwelling or floating home, the personal property is considered to be worth $8,000 or less, regardless of current market value, and the landlord shall destroy or otherwise dispose of the personal property. (3) The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions thereto. (1) A facility owner may at any time record, in the County Clerk Lien Record of the county where a facility is situated, an affidavit in which the facility owner certifies that: (a) With reference to an offer by the owner for the sale of the facility, the owner has complied with the provisions of ORS 90.820; (b) With reference to an offer received by the owner for the purchase of the facility, or with reference to a counteroffer that the owner intends to make, or has made, for the sale of the facility, the owner has complied with the provisions of ORS 90.820; (c) Notwithstanding compliance with the provisions of ORS 90.820, no contract for the sale of the facility has been executed between the owner and a facility purchase association, tenants' association or tenants' association supported nonprofit organization; (d) The provisions of ORS 90.820 are inapplicable to a particular sale or transfer of the facility by the owner, and compliance with those subsections is not required; or.

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