If I am evicted, can I still sell my home? (90.675)
Yes. You may not be able to continue living in the unit if you been evicted. In most cases residents will have 45 days to respond, starting from the date on the abandoned property notice (delivered by the landlord via first-class mail). Once the resident responds to the notice- the clock begins on a 30 day countdown for the resident to sell or remove the unit. At the end of the 30 day period the park may file with the court to take possession of the unit or may destroy the unit, if it is valued under $8,000. If it is valued over $8,000, the landlord will auction off the home, deduct any amounts owed and then distribute to the resident any proceeds from the auction sale.
The landlord may request storage fees for the time the unit remains, typically equal to monthly rent.
The landlord may not prevent a resident from selling a manufactured home or floating home, regardless of the age or condition of the home- unless it poses a significant health or safety hazard.
If you choose to sign over your home to the park, you will lose all rights to any proceeds from a future sale. You are never required to sign over ownership of your unit- if the court orders the ownership transfer as an “abandoned” unit, you will not be required to sign any documents and may still be entitled to proceeds, if any, from an auction sale.
OSTA is educational advocacy, not a law firm. This page is general information for Oregon manufactured dwelling park and marina tenancies — you own the home and rent the space (ORS 90.505–90.850). It does not apply to apartment or other standard ORS 90.100–90.465 rentals. It is not legal advice. Talk with an attorney about your situation.
