11/14/2022 0 Comments Rent land of mine googleDuring that 30 days, you have the right to cure the violation by paying the fee in question. Your landlord must give you 30 days’ notice prior to terminating your lease. They may also terminate the lease for certain fees for violations like dishonored checks, tampering with smoke or carbon monoxide alarms, or violating a written pet agreement or facility rules regarding pets. Your landlord can terminate your lease if you fail to pay a late fee for late rental payments, but the landlord may only charge a late fee if it is agreed upon in the lease.You have the right to a court hearing where you could raise any legal defenses you might have against the landlord’s claim, but you do not have a right to correct or “cure” this cause. At least two of those notices must contain a warning that the third late payment could result in eviction. This rule applies only if you don’t pay the rent within the seven-day or four-day grace period, and the landlord has given you at least three valid notices for non-payment of rent during those late payment periods all within the last 12 months. Your landlord can start an eviction case by giving you a 30-day written notice if you were late with your rent payment three times or more during the past 12 months. You might be able to defend yourself against the eviction if your landlord owes you money because he or she didn’t provide services or facilities that were agreed to, or if your landlord has in other ways violated your rental agreement or your rights under the landlord-tenant law. If you don’t pay during the notice period that applies in your case, your landlord can then file for an eviction in court. The landlord has the option to wait only until the fifth day, but then must give a 144-hour notice, not just a 72-hour notice. Then, the landlord can give you a 72-hour written notice stating that you need to pay the rent or be evicted. In most cases, a landlord must wait until at least the eighth day after the rent was due. You are entitled, but not required, to retain a lawyer to represent you.Ī landlord would have good cause to evict you from his or her mobile home park for the following reasons: If you do appear, you can ask for a trial and tell your side of the story. If you do not appear, you will automatically lose the eviction suit and the county sheriff may force you to vacate the premise. The papers will say when and where you must appear in court if you want to contest the eviction. A process server will also either hand them to you or attach them to your door. When the case is filed, the court clerk mails a copy of the papers to your home. A landlord usually gets a court order to do this by first filing a lawsuit for eviction. Only a sheriff, with a court order, can physically evict a tenant. The landlord also may not shut off your utilities to force you to move. Even if your landlord has good cause, he or she may never use force to remove you or any other tenant. This is true whether the rental agreement is for a month-to-month or a fixed term (commonly called a lease) tenancy. If you are a mobile home owner renting a space for your mobile home in a mobile home park, the landlord can evict you from the park only for good cause. The spaces on this parcel of land are owned by the same owner or owners, who must intend to use the land to rent the space for a fee or other compensation. (Please note that this does not apply to owners of motorized campers or recreational vehicles.) The spaces sit on a parcel of land and are typically placed within 500 feet of each other. A mobile home park generally contains four or more spaces reserved for renting to owners of mobile homes. (See information on Eviction Notices, Evictions and Residential Eviction Defenses.)Ī mobile home park may also be called a manufactured dwelling park. The primary difference between apartment tenants and mobile home park tenants is that apartment tenants can be evicted without a good cause. If you rent both, you are treated as if you are an apartment tenant. They also differ from those of persons who rent both the space and the mobile home. These rights are different from those of mobile home owners who do not live in a mobile home park. If you own a manufactured or mobile home and simply rent space in a mobile home park, you have certain rights when a landlord wants to evict you. Note that the rules for owners of floating homes renting a moorage in a marina are very similar, except with regard to closure of the marina. The primary eviction statute for park tenancies is at ORS 90.630. You may review the statutes involved at Oregon Revised Statutes Chapter 90, especially sections 90.505 to 90.840. The following information regarding manufactured and mobile home parks is general legal information.
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