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:
(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 (Termination of rental agreement for failure to pay rent) or for other cause under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of rental agreement for drug or alcohol violations) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) by complying with ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings).
(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]
Note: 90.671 (Closure of marina) 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.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.