2015 ORS 90.846¹
Parties to manufactured dwelling park sale to act in commercially reasonable manner
  • negotiations with nontenant purchasers permitted
  • remedies for violations

(1) During the process described in ORS 90.842 (Notice of sale of manufactured dwelling park) to 90.850 (Owner affidavit certifying compliance with requirements for sale of park), the parties shall act in a commercially reasonable manner.

(2) Except as provided in ORS 90.848 (Exceptions to requirements for sale or transfer of manufactured dwelling park), before selling a manufactured dwelling park to an entity that is not formed by or associated with the tenants, the owner of the park must give the notice required by ORS 90.842 (Notice of sale of manufactured dwelling park) and comply with the requirements of ORS 90.844 (Procedures for purchase of manufactured dwelling park by tenants).

(3) A minor error in providing the notice required by ORS 90.842 (Notice of sale of manufactured dwelling park) or in providing the financial information required by ORS 90.844 (Procedures for purchase of manufactured dwelling park by tenants) does not prevent the owner from selling the park to an entity that is not formed by or associated with the tenants and does not cause the owner to be liable to the tenants for damages or a penalty.

(4) During the process described in ORS 90.842 (Notice of sale of manufactured dwelling park) to 90.850 (Owner affidavit certifying compliance with requirements for sale of park), the owner may seek, or negotiate with, potential purchasers other than the tenants or an entity formed by or associated with the tenants.

(5) If the owner does not comply with requirements of this section and ORS 90.842 (Notice of sale of manufactured dwelling park) and 90.844 (Procedures for purchase of manufactured dwelling park by tenants), in a substantial way that prevents the tenants from competing to purchase the park, the tenants may:

(a) Obtain injunctive relief to prevent a sale or transfer to an entity that is not formed by or associated with the tenants when the owner has not caused an affidavit to be recorded before the sale or transfer pursuant to ORS 90.850 (Owner affidavit certifying compliance with requirements for sale of park).

(b) Recover actual damages or twice the rent from the owner for each tenant, whichever is greater.

(6) If a tenant misuses or discloses, in a substantial way, confidential information in violation of a confidentiality agreement described in ORS 90.844 (Procedures for purchase of manufactured dwelling park by tenants), the owner may recover actual damages from the tenant.

(7) The Office of Manufactured Dwelling Park Community Relations of the Housing and Community Services Department shall prepare and make available information for tenants about purchasing a manufactured dwelling park. [2014 c.89 §3]

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 90, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano090.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.