Q: There are 105 park models in our park-most with seniors on a fixed income. The lease was $380 4 years ago. Now it is up
to $550 with another 10% (compounded on the yearly increase) increase this year bringing it up to $605! We own our units. It is getting to the point that we cant even sell if we wanted out. We cant move our units and as the lease payment keeps increasing we cant sell or we would have to walk away. Is there any law in OR to cap or stop the increases?
A: Sorry but no, a lanadlord can raise the rent as much and as often as they wish so long as they give proper and lawfully served 90 day or more advanced notice, assuming you are on a month to month tenancy.
A: You don't say where your mobile home park is located. Portland has recently passed some new laws that require compensation when rents are increased over a certain amount but ironically this has causes landlords to increase rents at the lower increments that they can get away with, without triggering the penalty so this law has sort of back fired.
I don't specialize in landlord tenant law so I would encourage you to call an attorney that does specialize in this are in the city where you live.
There are also Oregon State Laws that deal with manufactured home parks. Again, this is not my area of expertise but you might want to read through this web-page and call the listed agencies to see what ideas or solutions you can find: http://www.oregon.gov/ohcs/pages/manufactured-dwelling-park-living-resources.aspx I highly recommend you pursue this page and all the links. Apparently this type of situation is not new and there are agencies that fight this.
While it is often impractical to move a manufactured home, it is not impossible. So do investigate whether that is an option for you. Also don't rule out selling your manufactured home either. What you perceive as high rent because you are on a fixed income might be perceived as extremely affordable to a young family who can't afford to buy a traditional home. Depending on where you home is, it may actually be desirable to someone who works and needs to be in an area closer to the city where they work. Meanwhile, as a retired person you might be able to find more affordability if you move further from the city where the jobs are, as you don't need to work at this point in your life.
I do realize you need to be close to other services you need like medical care with doctors you have already established relationships with. You also have social connections that you don't want to break. I personally hate moving and have lived in places for longer than I should have just because the alternative of facing a move was worse. I get it. But explore all your options. While I can't guarantee a great outcome, life has taught me that almost every change I have faced has led to something better that I didn't expect when I was fretting over having to make the change. Explore your options for living in other more affordable areas, especially if you can sell your home and get some money to use to buy another one elsewhere.
A: Forgot to share this link that is for Portland's landlord/tenant laws including the requirement of relocation assistance for displaced tenants: https://www.portlandoregon.gov/citycode/28481
A: See the link I just posted - but I want to call your attention to this portion of Portland's laws:
C. A Landlord may not increase a Tenant's Rent or Associated Housing Costs by 5 percent or more over a rolling 12-month period unless the Landlord gives notice in writing (the “Increase Notice”) to each affected Tenant: (a) at least 90 days prior to the effective date of the Rent increase; or (b) the time period designated in the Rental Agreement, whichever is longer. The Increase Notice must specify the amount of the increase, the amount of the new Rent or Associated Housing Costs and the date, as calculated under the Act, when the increase becomes effective. If, within 45 calendar days after a Tenant receives an Increase Notice indicating a Rent increase of 10 percent or more within a rolling 12-month period and a Tenant provides written notice to the Landlord of the Tenant’s request for Relocation Assistance (the “Tenant’s Notice”), then, within 31 calendar days of receiving the Tenant’s Notice, the Landlord shall pay to the Tenant Relocation Assistance in the amount that follows: $2,900 for a studio or SRO Dwelling Unit, $3,300 for a one-bedroom Dwelling Unit, $4,200 for a two-bedroom Dwelling Unit and $4,500 for a three-bedroom or larger dwelling unit. After the Tenant receives the Relocation Assistance from the Landlord, the Tenant shall have 6 months from the effective date of the Rent increase (the “Relocation Period”) to either: (i) pay back the Relocation Assistance and remain in the Dwelling Unit and, subject to the Act, shall be obligated to pay the increased Rent in accordance with the Increase Notice for the duration of the Tenant’s occupancy of the Dwelling Unit; or (ii) provide the Landlord with a notice to terminate the Rental Agreement in accordance with the Act (the “Termination Notice”). In the event that the Tenant has not repaid the Relocation Assistance to the Landlord or provided the Landlord with the Termination Notice on or before the expiration of the Relocation Period, the Tenant shall be in violation of this Subsection. For purposes of this Subsection, a Landlord that conditions the renewal or replacement of an expiring Rental Agreement on the Tenant’s agreement to pay a Rent increase of 10 percent or more within a rolling 12-month period is subject to the provisions of this Subsection. For purposes of this Subsection, a Landlord that declines to renew or replace an expiring Rental Agreement on substantially the same terms except for the amount of Rent or Associated Housing Costs terminates the Rental Agreement and is subject to the provisions of this Subsection. The requirements of this Subsection are intended to apply per Dwelling Unit, not per individual Tenant. For purposes of this Subsection, a Tenant may only receive and retain Relocation Assistance once per tenancy per Dwelling Unit.
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