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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. As with most things, understanding how the process works and having knowledge of the available legal options can minimize an otherwise stressful event.The following information regarding manufactured and mobile home parks is general legal information. If the need does arise to initiate a notice to quit, it is important for tenants to realize that they do have certain legal steps that can be taken to slow the process down and help them make the best decision under the circumstances. If communication is maintained, many times compromises can be made and problems can be solved without the need to pursue legal action. In other cases, however, simply maintaining an open line of communication between the tenant and the landlord can alleviate a majority of problems before legal action is required. Sometimes, there simply can be no remedy between a landlord and a tenant and the eviction process is the only way to remedy the situation. When a notice to quit is served, it can be a confusing and frightening time for the tenant, and in many cases, the landlord files the notice as a last resort and would rather find another way to resolve the issue. The motion to stay can also be filed in place of the answer. At that point, the tenant can file the motion to stay, which asks the court to delay the eviction for up to 10 days. If the summary eviction is granted, the landlord pays for the local law enforcement agency to initiate the eviction process.
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If summary eviction is not granted, the landlord can still file a formal notice of eviction. If the tenant files an answer, the court will hold a hearing (usually within a week) in order to determine whether an order for summary eviction will be granted.
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If the intent of the notice was for the tenant to pay a late rent payment, as soon as payment is made the tenant is considered to have complied with the notice to quit.
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There are two types of eviction notices that a landlord can issue: a summary eviction notice and a formal eviction notice.