Jared v. Harmon

“Any provisions of this section that reasonably apply only to a structure that is used as a home, do not apply to a recreational vehicle where the tenant owns the recreation vehicle, rents the space and, in the case of a dwelling or home, the space is not in a facility.” ORS 90.320(3).

Tenant appealed a judgment that awarded possession of the rented space to the landlord, where she placed her recreational vehicle, and denied her counterclaims for injunctive relief and damages. Tenant argued that the trial court erred in denying her motion for involuntary dismissal and in dismissing her habitability counterclaims. She also claimed that the conclusion was based on erroneous factual findings regarding the provision of sewage disposal by the landlord. “Any provisions of this section that reasonably apply only to a structure that is used as a home, do not apply to a recreational vehicle where the tenant owns the recreation vehicle, rents the space and, in the case of a dwelling or home, the space is not in a facility.” ORS 90.320(3). The Court found no error in denying the motion for involuntary dismissal. It reasoned that the landlord had sufficiently established the elements of ownership, a sanitation issue affecting health and safety, the tenant's failure to correct the issue, and her continued possession of the property. The Court also found the appeal not moot despite the tenant vacating the premises, as issues regarding costs and attorney fees remained. The Court found no error in dismissing the habitability counterclaims, as the trial court reasonably inferred that the tenant could dispose of sewage from her recreational vehicle at a mobile site, even if the landlord had breached maintenance duties. Affirmed.