Can our park use the regular MHCO manufactured home rental agreement for RV tenants who are allowed in certain spaces throughout our manufactured home park?
No, the park should definitely not use a regular manufactured home rental agreement for RVs. By doing so, the park might inadvertently give the RV tenants more rights than they are otherwise entitled to under Oregon’s Landlord-Tenant Laws.
Specifically, the MHCO manufactured home rental agreement (and most other, similar manufactured home rental agreements) typically define the rented space as being used for a “manufactured home.” This could used against the park in an eviction action. The RV tenant’s attorney could very well argue that the RV is a “manufactured home,” and therefore not subject to a 30-day, no-cause eviction, as RV tenants typically may be evicted.
Tenant attorneys might also try to argue that the termination provisions in a manufactured home rental agreement similarly do not allow no-cause evictions. All in all, using a regular rental agreement is not a good idea.
Instead, use MHCO Form 80 (Recreational Vehicle Space Rental Agreement). It includes all of the usual landlord protections, plus these specific requirements under Oregon law:
(a) That the tenancy may be terminated by the landlord without cause upon 30 or 60 days’ written notice for a month-to-month tenancy or upon 10 days’ written notice for a week-to-week tenancy;
(b) that any accessory building or structure paid for or provided by the tenant belongs to the tenant and is subject to a demand by the landlord that the tenant remove the building or structure upon termination of the tenancy; and,
(c) that a state agency or local government may not prohibit the placement or occupancy of an RV, or impose any limit on the length of occupancy, if the RV is located in a manufactured dwelling park, mobile home park or recreational vehicle park, occupied as a residential dwelling and lawfully connected to water and electrical supply systems and a sewage disposal system.