Oregon Statutes 90.729 – Temporary movement of floating home; notice; costs paid by landlord
(1) A landlord may require a tenant in a marina to move the tenant’s floating home under this section for reasons allowing for the safety and convenience of the marina and other tenants, including:
Terms Used In Oregon Statutes 90.729
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Personal property: All property that is not real property.
- 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
(a) Moving another floating home within the marina;
(b) Repairing an adjacent floating home; or
(c) Dredging, repairing an adjacent dock or otherwise repairing or improving the marina.
(2) Before requiring the tenant to move, the landlord must give written notice to the tenant specifying the reason for the move, describing the parties’ rights and obligations under subsections (4) to (6) of this section, the allowable dates for the move and the maximum duration of the move.
(3) The notice under subsection (2) of this section must be given:
(a) No less than 48 hours before the move if necessary to prevent the risk of serious and imminent harm to persons or property within the marina; or
(b) Thirty days before the move in all other cases.
(4) The landlord must:
(a) Move the floating home to another space in the marina that allows the tenant to continue to occupy the home.
(b) Return the floating home to its original space at the end of the relocation period.
(5) A landlord must pay:
(a) The costs to prepare the floating home for the move;
(b) The costs to move the floating home;
(c) The costs to prepare the floating home for its temporary location in the marina;
(d) If the relocation lasts more than 30 days, unless the floating home cannot be restored to its original space because weather or water conditions are unsafe, actual damages based on a decrease in value or quality of the temporary location;
(e) The costs to return the floating home to its original location in the original space; and
(f) The costs to repair any damage to the floating home or tenant’s personal property caused by the move or to replace the property.
(6) A landlord is required to make any payments due to the tenant under subsection (5) of this section within 30 days from the date the cost is incurred.
(7) If a tenant prohibits the landlord from moving the floating home under this section, a landlord may give notice to terminate the tenancy under ORS § 90.630.
(8) If a landlord fails to comply with a provision of this section, a tenant is entitled to damages of one month’s rent or twice the tenant’s actual damages, whichever is greater. [2019 c.625 § 33]