Legal Question in Real Estate Law in Oregon

Re: foreclosure

The short answer is that you can stay until the owner of the park gets a court order to evict you. The Oregon State Bar website states:

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. This is true whether the rental agreement is for a month-to-month or a fixed term (commonly called a lease) tenancy. Even if your landlord has good cause, he or she may never use force to remove you or any other tenant. The landlord may not shut off your utilities to force you to move. Only a sheriff, with a court order, can physically evict a tenant. A landlord usually gets a court order to do this by first filing a lawsuit for eviction. When the case is filed, the court clerk mails a copy of the papers to your home. A process server will also either hand them to you or attach them to your door. The papers will say when and where you must appear in court if you want to contest the eviction. If you do not appear, you will automatically lose. If you do appear, you can ask for a trial and tell your side of the story.

A landlord would have good cause to evict you from his or her mobile home park for the following reasons:

1. You did not pay your rent on time. In most cases, a landlord must wait until at least the eighth day after the rent was due. Then, the landlord can give you a 72-hour written notice stating that you need to pay the rent or be evicted. 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. If you don�t pay during the notice period that applies in your case, your landlord can then file for an eviction in court. You have the right to a court hearing. 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.

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. 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. At least two of those notices must contain a warning that the third late payment could result in eviction. You have the right to a court hearing where you could raise any legal defenses you might have against the landlord�s claim.

More info is available at:

http://www.osbar.org/public/legalinfo/1249_RightsMobileHome.htm