Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding mobile home parks is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

If you own your mobile home and simply rent space in a mobile home park, you have certain rights when a landlord wants to evict you. These rights are different from those of mobile home owners who do not live in a mobile home park. These rights also differ from those of persons who rent both the space and the mobile home from a park owner. If you rent both, please read Eviction Notices, Evictions, and Residential Eviction Defenses.

A mobile home park may also be called a "manufactured dwelling facility." A mobile home park generally contains four or more spaces containing mobile homes. These spaces sit on a parcel of land and are typically placed within 500 feet of each other. The spaces on this parcel of land are owned by the same owner or owners. The owner must intend to use the land to rent space for a fee or other compensation.

If you are a mobile home owner in a mobile home park, the landlord can evict you only for good cause. (An exception would be a rental agreement that ends on a specific date--not a "month-to-month" rental agreement.) 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 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:

- You did not pay your rent on time. In most cases, a landlord must wait seven days 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 five days, 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 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 within the last 12 months. At least two of those notices must contain a warning that the third nonpayment could result in eviction. You would have the right to a court hearing where you could raise any legal defenses you might have against the landlord's claim.

- Your landlord can start an eviction case if you have not lived up to a condition of your rental agreement. You can also be evicted for breaking a reasonable and fairly enforced rule of the mobile home park, or any other law or ordinance. The landlord must first give you a written notice that tells you specifically what you have done wrong, and that you have 30 days to correct the problem. If the problem is not corrected within that 30-day period, your landlord then has the right to file an eviction action against you with the court. To evict you, the landlord would have to prove that you have violated your rental agreement, a reasonable, written park rule or the law. He or she would also have to prove that you have been given prior written notice of the violation. If the violation does exist, and you have corrected the problem, make sure that you have proof that you have done this. Take pictures or have friends witness what you have done so that you can prove you have corrected the problem. If you don't correct the problem within the 30 days, your landlord may still be able to evict you. If you correct the violation, but it occurs again within six months, the landlord can then terminate your tenancy by giving you a 20-day written notice that states the violation and the date your tenancy will end. This time you will not have the right to avoid eviction by correcting the problem. Before you can actually be evicted, you have the right to a court hearing where you can give the court evidence that the violations never occurred or were corrected.

- Your landlord can start an eviction case if he or she believes you or someone in your household has injured someone, threatened someone with serious harm, done substantial damage to someone else's belongings, or committed an "extremely outrageous act" in the mobile home park. In this case, your landlord can start the court eviction after giving you only 24 hours' notice. The law defines an extremely outrageous act as including, but not limited to, drug dealing and manufacturing, gambling, prostitution, burglary, violence and threats of immediate violence.

- A manufactured dwelling cannot be forced out of a facility just because of its age, style or size, but a tenant whose home is deteriorated or in disrepair can be given a notice of termination of the tenancy that gives the tenant a period of time to repair the home to meet reasonable park standards. The time period is relatively short if the condition of the home is dangerous to neighboring homes, longer for less serious problems. The tenant can get an extension of time if the needed repair can't reasonably be made in the time allowed.

- Your landlord can start an eviction case if he or she has decided to close your mobile home park and change the land to a different use. The landlord must give you a written notice 365 days before the park is to close, and if you receive the full 365 days notice, the landlord is not required to pay anything toward your moving expenses. If you receive less notice than 365 days, however, the landlord must pay your moving and set-up expenses up to $3,500. Note that only 180 days notice is needed if the landlord helps you move to another space that is acceptable to you.

As stated by law, if a tenants' association requests sale listing in writing, a landlord must tell the association if the mobile home park is being listed for sale. Also, if your landlord has applied to change the zoning of your mobile home park for a different use, you must be given notice of the zone change application. You may attend a public hearing about the proposed zone change where you can express your views.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.