Eviction of an RV From a Rented Spot on Private Land
My question involves landlord-tenant law in the State of: Oregon. My wife & I own our own RV. We have an eight yr. old daughter. Seven months ago we signed a lease to rent a proper/legal RV spot on private land. The owners had just bought the three in a half acres of land with a double wide home on it to rent the home out & become first time land lords. I was hired to clean up the property & then was offered the ability to rent the RV space that was discovered for $200 a month plus fifteen hours of labor as the maintenance bringing the total cost of rent to $350 monthly with electric & trash included. In all the seven months we have rented we had never violated any part of our lease & or agreements. Never was late on rent & even paid several months ahead. Have receipts & documents. The landlords even just provided a great letter of reference defining how we were outstanding renters, a great family & such. In the community we reside in there is no places to rent. Rentals are extremely difficult & all the RV parks are full or will not accept an RV over ten yr.'s old no matter how nice it is. We have nowheres to go. The landlords even stated numerous of times that our rental here was secured & safe till spring. Have their statements recorded. In the tenant laws I read that verbal commitments were just as binding as the written lease. Now without warning, without first notifying us in written notice that they intended to evict before filing an eviction notice, violating verbal & written lease agreements with us, having no cause as we were never in violation of our lease, behind on rent, never damaged the property, & so on they are evicting us. I read that because we own our own home{via a manufactured home/an RV} & that we are renting a proper space that they have to provide a "good cause" eviction notice, not a "without cause". How do we defend our family from this?? What are the Tenant laws concerning evictions in Oregon for those with RV's, renting a legal spot, & having a binding lease & verifiable proof that the landlords stated verbally that we were/our rental was safe & secure till spring ???? Thank-you.
Re: Eviction of an RV From a Rented Spot on Private Land
You've alluded to reading "laws" but your conclusions about them indicate that you haven't read "statutes." I don't know where you were reading that stuff but I'll include statute citations and links in my comments.
1 - Oregon does not have a specific mobile home park statute like many other states have. So you have to rely on the terms and conditions of your contract or the landlord tenant statutes.
2 - Your reference to "cause" for a "manufactured home/an RV" is error. An RV is not a manufactured home. AN RV (either a travel trailer or self propelled) can be removed from its space within an hour or so. A manufactured home takes a great deal of effort and expense to remove from its space.
The reason you don't have the protection that you think you do is:
"ORS 90.100 - Definitions: (26) "Manufactured dwelling" means a residential trailer, a mobile home or a manufactured home as those terms are defined in ORS 446.003. "Manufactured dwelling" includes an accessory building or structure. "Manufactured dwelling" does not include a recreational vehicle."
http://www.oregonlaws.org/ors/90.100
Now, before going any further into the statutes, you refer to a lease.
Let's start with that.
This next questions are very important.
Is it a written lease?
What, exactly, are the "from - to" dates on your lease?
Re: Eviction of an RV From a Rented Spot on Private Land
Quote:
Quoting
devoutfamily
My question involves landlord-tenant law in the State of: Oregon. My wife & I own our own RV. We have an eight yr. old daughter. Seven months ago we signed a lease to rent a proper/legal RV spot on private land. The owners had just bought the three in a half acres of land with a double wide home on it to rent the home out & become first time land lords. I was hired to clean up the property & then was offered the ability to rent the RV space that was discovered for $200 a month plus fifteen hours of labor as the maintenance bringing the total cost of rent to $350 monthly with electric & trash included. In all the seven months we have rented we had never violated any part of our lease & or agreements. Never was late on rent & even paid several months ahead. Have receipts & documents. The landlords even just provided a great letter of reference defining how we were outstanding renters, a great family & such. In the community we reside in there is no places to rent. Rentals are extremely difficult & all the RV parks are full or will not accept an RV over ten yr.'s old no matter how nice it is. We have nowheres to go. The landlords even stated numerous of times that our rental here was secured & safe till spring. Have their statements recorded. In the tenant laws I read that verbal commitments were just as binding as the written lease. Now without warning, without first notifying us in written notice that they intended to evict before filing an eviction notice, violating verbal & written lease agreements with us, having no cause as we were never in violation of our lease, behind on rent, never damaged the property, & so on they are evicting us. I read that because we own our own home{via a manufactured home/an RV} & that we are renting a proper space that they have to provide a "good cause" eviction notice, not a "without cause". How do we defend our family from this?? What are the Tenant laws concerning evictions in Oregon for those with RV's, renting a legal spot, & having a binding lease & verifiable proof that the landlords stated verbally that we were/our rental was safe & secure till spring ???? Thank-you.
I have some questions. You mentioned being "paid ahead" are you paid ahead and by how much?
Did the landlord give you an eviction notice or did the landlord give you proper notice that he was ending the tenancy? You are right that he cannot evict you without cause, but if you have a month to month lease rather than a fixed term lease he can terminate the tenancy with proper notice.
If he is truly evicting you then of course you want to fight that since you don't want an eviction on your record...and you would likely win. However, if he gives you proper notice and then files for an eviction when you do not leave after that proper notice, then you would lose.