Quickly Evicting a Problem RV Resident

Question

I own a decent-sized RV park with quite a few long-term tenants living there, but also a few seasonal guests and overnighters. I have one man in particular who is constantly abrasive towards other residents (for example, walking through the park and telling people that they need to fix their awnings, stack their firewood in a certain way, etc.). He has no qualms about interjecting himself in other people’s conversations even when his input is clearly unwanted. I have already lost several residents and others have complained. Before this person ruins my good park, how can I get rid of him quickly?

Answer

You haven’t indicated whether this person is a long-term tenant or perhaps just a “vacation occupant.” Under Oregon law, a vacation occupant is someone who: (1) Rents the RV space for vacation purposes only, not as a principal residence, (2) has a principal residence other than at the RV park, (3) does not occupy the RV park for more than 90 days, (4) the RV is required to be removed from the park at the end of the occupancy period before a new occupancy may begin, and (5) a written agreement is signed by the occupant that substantially states: “Your occupancy of this recreational vehicle park is a vacation occupancy and is NOT subject to the Oregon Residential Landlord and Tenant Act (ORS chapter 90).”

Vacation occupants are not “tenants” under Oregon law. They can be asked to leave without any eviction proceedings and law enforcement can be called to assist if necessary. If this person qualifies as a vacation occupant, ask him to leave the park immediately. If he refuses, call your local law enforcement authorities and ask them to remove him from the park as a trespasser.

If this person is an actual “tenant” (weekly, monthly, or fixed-term), then you have several options. Tenants with a written agreement creating a week-to-week tenancy can be evicted with a 10-day, no-cause eviction notice. If they fail to vacate, you will need to file an eviction case in court. (NOTE: Check online for Oregon landlord trade associations to purchase various eviction notice forms.)

If this is a month-to-month tenant who has been in the park for less than one year, you should be able to issue a 30-day, no-cause eviction notice. Oregon law allows landlords to evict month-to-month tenants during the first year of occupancy without cause. However, certain cities have local ordinances that require a 90-day notice, including Portland, Eugene, Milwaukie, and Bend. In addition, Portland and Eugene have “relocation assistance” requirements that might require you to pay the tenant to vacate. Always check with an attorney before issuing a no-cause notice in those municipalities.

Fixed-term tenants and month-to-month tenants who have been in the park for more than one year will require a 30/14-day, for-cause eviction notice. This type of notice can be issued for material violations of the rental agreement or ORS 90.325. That statute includes a requirement that tenants must behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors. Most rental agreements contain similar prohibitions.

The 30/14-day notice would describe the tenant’s violations (i.e. “disturbing park residents by interfering in their conversations and by giving them unsolicited instructions regarding their RV or rental space”), followed by describing how the tenant must correct the violations (i.e., “do not disturb the peaceful enjoyment of the premises for other park residents by interfering in their conversations and by giving them unsolicited instructions regarding their RV or rental space”). If the tenant corrects his violations within 14 days, then the tenancy continues. If not, then the tenancy terminates at the end of the 30-day notice period, and you could file an eviction case in court. If he corrects the violations, but then substantially engages in the same conduct again within 6 months from the date of the notice, you could evict him with a 10-day eviction notice that he would not have the opportunity to correct.