Oregon Statutes 90.671 – Closure of marina; notices; payments to tenants; rules
(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:
Terms Used In Oregon Statutes 90.671
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
- Floating home: has the meaning given that term in ORS § 830. See Oregon Statutes 90.100
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Marina: means a moorage of contiguous dwelling units that may be legally transferred as a single unit and are owned by one person where four or more floating homes are secured, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
- Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100
- 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. See Oregon Statutes 90.100
- Rental agreement: includes a lease. See Oregon Statutes 90.100
(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 § 105.100 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]
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)