Oregon Administrative Rules|Section 813-065-0210 - Closure Notice of Marina

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) When a landlord is required by ORS 90.671(1) to give a tenant written notice of termination of a rental agreement because the marina or portion of a marina is closing and the land or leasehold is being converted to a different use, the landlord shall provide at least the following information in the notice: 
(a) The landlord's or representative agent's address for contact and communications;
 
(b) The firm date set for the closure of the marina or of the relevant portion of the marina;
 
(c) The actions and activities the landlord plans to take in the closure that may affect the marina tenants;
 
(d) The landlord's obligations under ORS 90.671;
 
(e) The tenant's rights for a 365-day closure notice or 180-day closure notice, as applicable, including the right, if any, for payment of moving expenses under OAR 813-065-0240 and the eligible moving expenses described in OAR 813-065-0230;
 
(f) The voluntary benefits, if any, to be provided to the tenant by the landlord or contracted between the parties, together with any shortened period between notice and termination of the rental agreement arising therefrom;
 
(g) A copy of ORS 90.671 and OAR 813-065-0200 to 813-065-0240;
 
(h) Any definitions of statutory terms used in OAR 813-065-0200 to 813-065-0240, applicable to the tenant's rights under the rules; and
 
(i) A copy of any city or county regulations, laws or ordinances that apply to tenant interests in closures of marinas and, if the local regulations, laws or ordinances provide greater rights and protection than are available under state law, a statement that the tenant may be entitled to the greater rights and protections and a description of the additional rights and protections that apply.
 
 
(2) When a landlord is required by ORS 90.671(7) to give a tenant written notice of termination of a rental agreement and the applicable federal, state or local law or order is known by the landlord to provide greater rights or protections for a tenant than are provided by ORS 90.671(7), including government relocation benefits, the landlord shall furnish the tenant a copy of the applicable law or order and: 
(a) In the notice required by ORS 90.671(7), shall include an explanation of the greater rights; or
 
(b) Instead of the notice required by ORS 90,671(7), if the federal, state or local law requires a notice of the rights or protections, shall provide that notice along with all material in the notice required by ORS 90.671(7).
 
 
(3) The landlord shall deliver a notice required by ORS 90.671 personally or by first class mail to each affected tenant so that the tenant receives the notice not later than the applicable required number of days before the date designated in the notice for termination. The notice must be delivered to the tenant at the address specified in the lease or rental agreement between the tenant and the landlord. In any sublet unit, the notice must be delivered to the tenant at the tenant's current address and to the subtenant in possession. If the tenant's address is unknown and not reasonably discoverable, the landlord shall deliver the tenant's copy to the subtenant with written instructions to forward it to the tenant. Failure of the subtenant to deliver the copy to the tenant does not limit the landlord's right to terminate the rental agreement because of the closure.
 
Or. Admin. R. 813-065-0210
OHCS 4-2011(Temp), f. & cert. ef. 3-1-11 thru 8-27-11; OHCS 7-2011, f. & cert. ef. 8-26-11
Stat. Auth.: ORS 90.671
 
Stats. Implemented: ORS 90.671