ORS 90.729¹
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:

(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 (Termination by landlord).

(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]

Chapter 90

Notes of Decisions

The prevailing party in an ac­tion brought under this Act is entitled to attorney fees. Executive Manage­ment v. Juckett, 274 Or 515, 547 P2d 603 (1976)

Damages for mental distress are not recoverable under this Act. Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), as modified by 35 Or App 829, 578 P2d 467 (1978)

Where tenant terminates residential tenancy but then holds over wrongfully, landlord need not give any notice to tenant as prerequisite to maintaining ac­tion for pos­ses­sion. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

Landlord may waive statutory right to 30 days’ written notice from tenant. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

This act does not provide for recovery of punitive damages. Brewer v. Erwin, 287 Or 435, 600 P2d 398 (1979)

As this act is not penal, it is not subject to attack for vagueness. Marquam Invest­ment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Distinc­tion in this act between residential and nonresidential tenancies is not irra­tional, arbitrary or unreasonable under United States or Oregon Constitu­tion. Marquam Invest­ment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Residential Landlord and Tenant Act does not supersede common law in all aspects of per­sonal injury liability. Bellikka v. Green, 306 Or 630, 762 P2d 997 (1988)

Where jury returned general verdict for defendant and court refused to award defendant attorney fees, defendant has right, absent “unusual circumstances,” to receive attorney fees for damages for prevailing on per­sonal injury claim. Steininger v. Tosch, 96 Or App 493, 773 P2d 15 (1989), Sup Ct review denied

Where tenants counterclaim for injunctive relief and damages after landlord sent 30-day, no-cause evic­tion notice, before awarding attorney fees, district court must determine whether landlord or tenants have right to pos­ses­sion of house and whether tenants’ right to assert counterclaim is provided by statute. Edwards v. Fenn, 308 Or 129, 775 P2d 1375 (1989)

Atty. Gen. Opinions

Private process server in a forcible entry and detainer ac­tion, (1975) Vol 37, p 869; ap­pli­ca­bil­i­ty to university housing and properties, (1976) Vol 37, p 1297

Law Review Cita­tions

56 OLR 655 (1977); 16 WLR 275 (1979); 16 WLR 835 (1980)

1 Legislative Counsel Committee, CHAPTER 90—Residential Landlord and Tenant, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors090.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 90, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano090.­html (2019) (last ac­cessed May 16, 2020).
 
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.
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