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`10/3/2022 3:56 PM
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`IN THE CIRCUIT COURT OF THE STATE OF OREGON
`FOR THE COUNTY OF JACKSON
`
`
`
`
` Case No.:
`
`
` Filing fee at ORS 105.130
`
`BoaVida Communities LLC; Grants Pass
`Mobile Home Park LLC
` Plaintiff (Landlord or Agent)
` v.
`Randy Nelson and All Other Occupants
` Defendant (Tenant or Occupant)
`
`
`PLAINTIFF-LANDLORD: DEFENDANT-TENANT:
`
`
`
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`22LT12408
`
`RESIDENTIAL EVICTION
`COMPLAINT
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`BoaVida Communities LLC; Grants Pass Mobile
`Home Park LLC
`Address: 7001 Rogue River Hwy
`City: Grants Pass
`State: OR Zip: 97527
`Phone:
`
`
`
`
`
`
`Randy Nelson and All Other Occupants
`Mailing Address: 7001 Rogue River Hwy, #29
`City: Grants Pass
`State: OR Zip: 97527
`Phone: Unknown County: Jackson
`
`
`1. Defendant-Tenants are in possession of the dwelling unit, premises or rental property described above or
`located at: 7001 Rogue River Hwy, #29, Grants Pass, Jackson County, OR 97527
`
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`2. IF NOTICE HAS BEEN GIVEN, A COPY IS ATTACHED
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`3. Plaintiff-Landlord is entitled to possession of the property because of:
`
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` 24-hour notice for personal injury, substantial damage, extremely outrageous act or unlawful
`occupant. (ORS 90.396 or 90.403)
` 24-hour or 48-hour notice for violation of a drug or alcohol program. (ORS 90.398)
` 24-hour notice for perpetrating domestic violence, sexual assault or stalking. (ORS 90.445)
` 7-day notice with stated cause in a week-to-week tenancy. (ORS 90.392(6))
` 10-day notice for a pet violation, a repeat violation with stated causes or without stated cause in a
`week-to-week tenancy. (ORS 90.392(5), 90.405 or 90.427(2))
` 10-day or 13-day notice for nonpayment of rent. (ORS 90.394)*
` 20-day notice for repeat violation. (ORS 90.630(5)/(6))
` 30-day or 60-day notice without stated cause in a month-to-month tenancy. (ORS 90.427(3)(b) or (8)(a)(B)
`or (C))
` 180-day notice without stated cause in a month-to-month tenancy. (ORS 90.429)
` 30-day notice with stated cause. (ORS 90.392, 90.630 or 90.632)*
`
`Page 1 – RESIDENTIAL EVICTION COMPLAINT
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`Warren Allen LLP
`Attorneys at Law
`10535 N.E. Glisan St., Suite 200
`Portland, Oregon 97220-4095
`Telephone: (503) 255-8795  Fax: (503) 255-8836
`
`
`

`

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` 60-day notice with stated cause. (ORS 90.632)
` 90-day notice with stated cause. (ORS 90.427(5) or (7))
` Notice to bona fide tenants after foreclosure sale or termination of fixed term tenancy after foreclosure
` sale. (ORS 86.755 (6)(c))
` Other notice
` No notice (explain)
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`*If the notice is for nonpayment of rent or other charges or fees and was given on or before June 30, 2021,
`the landlord must attach a copy of the declaration of compliance required under section 7(5) of House Bill
`4401 (2020 third special session) to this complaint.
`
`4. If Plaintiff-Landlord uses an attorney, the case goes to trial, and Plaintiff-Landlord wins in court, Plaintiff-
`Landlord can collect attorney fees from the Defendant pursuant to ORS 90.255 and 105.137(3). Plaintiff-Landlord
`requests judgment for possession of the premises, court costs, disbursements, and attorney fees.
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`Certificate of Document Preparation. Check all that apply:
` I chose this form for myself and completed it without paid help.
` A legal help organization helped me choose or complete this form, but I did not pay money to anyone.
` I paid (or will pay)
` for help choosing, completing, or reviewing this form.
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`
`
`
`
` I
`
` certify that the allegations and factual assertions in this complaint are true to the best of my knowledge.
`
`
`s/Bradley S. Kraus
`
`Signature of landlord or agent
`
`Bradley S. Kraus, OSB #143646
`Name of landlord or agent (Printed)
`Email: kraus@warrenallen.com
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`October 3, 2022
`Date
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`Page 2 – RESIDENTIAL EVICTION COMPLAINT
`
`Warren Allen LLP
`Attorneys at Law
`10535 N.E. Glisan St., Suite 200
`Portland, Oregon 97220-4095
`Telephone: (503) 255-8795  Fax: (503) 255-8836
`
`
`

`

`1 of 3
`
`MHCO Form 82A: Ten (10)-Day Notice of Termination For Non-Payment of
`Rent (For MHP Tenants Owning Mobile Home and Renting Space)
`Revised 4-2022 | This form is exclusively licensed to:
`
`Name of Community/Park:
`Address:
`
`NOTICES TO LANDLORD: MHCO FORM 111 (“NOTICE OF EVICTION PROTECTION”) MUST ACCOMPANY THIS 10-DAY NOTICE OF
`NONPAYMENT FORM. DO NOT ISSUE THE MHCO 72-HOUR FORM (NO. 42) UNTIL FURTHER NOTICE.
`
`WARNING TO LANDLORD: IF TENANT PROVIDES LANDLORD WITH DOCUMENTATION OF AN APPLICATION FOR RENT ASSISTANCE
`BY ANY METHOD REASONABLY CALCULATED TO ACHIEVE RECEIPT BY LANDLORD (“DOCUMENTATION”) (A) BEFORE THIS NOTICE
`OF TERMINATION (“NOTICE”) IS DELIVERED TO TENANT, LANDLORD MAY NOT SERVE THIS NOTICE ON TENANT; LANDLORD HAS
`RECEIVED NOTIFICATION THAT TENANT’S EMERGENCY ASSISTANCE APPLICATION IS NO LONGER PENDING.
`(B) IF SAID DOCUMENTATION IS PROVIDED TO LANDLORD AFTER DELIVERY OF THIS NOTICE TO TENANT, BUT BEFORE LANDLORD
`FILES AN EVICTION (“FED”), LANDLORD MAY NOT FILE THE FED UNTIL (i) LANDLORD HAS RECEIVED NOTIFICATION THAT TENANT’S
`EMERGENCY ASSISTANCE APPLICATION IS NO LONGER PENDING. (ii) SO LONG AS LANDLORD FIRST DELIVERED A NEW 10-DAY
`NOTICE OF TERMINATION. (NOTE: THE NEW NOTICE OF TERMINATION DOES NOT NEED TO BE ACCOMPANIED BY ANOTHER NOTICE
`OF EVICTION PROTECTION IF IT WAS ALREADY INCLUDED WITH THE PRIOR NOTICE OF TERMINATION.)
`
`Instructions: If the Rental/Lease Agreement provides that rent is due on the 1st day of the month, the earliest this Notice may
`be issued is the 8th day of the month. If the due date for rent falls on any other day of the month, the earliest this Notice may be
`issued would be on the 8th day after that due date (counting that due date).
`
`DATE OF THIS NOTICE: (Insert the date this Notice is personally served, deposited in the mail, or mailed and securely attached to the
`main entrance of the Resident’s home.) _____________________________________.
`
`TENANTS(S):
`
`____________________________________________________________________________________________
`
`ADDRESS:
`
` __________________________________________________________________
`
`SPACE ______________
`
`CITY
`
`___________________________________
`
`STATE ________________
`
`ZIP
`
`______________
`
`Your rent is now at least seven (7) days past due. This is your 10-day Notice to pay TOTAL RENT DUE, identified below. If you do
`not pay the TOTAL RENT DUE by the Deadline identified in the box checked at Nos. 1, 2, or 3, below, this is further notice that
`your tenancy and Rental/Lease Agreement will terminate immediately after the Deadline. Rent remains unpaid for the following
`
`MHCO Form 82A: Ten (10)-Day Notice of Termination For Non-Payment of Rent (For MHP Tenants Owning Mobile Home and Renting Space)
`
`This form is exclusively licensed to
`and its authorized agents and employees. Use by others is expressly prohibited and a violation of MHCO’s copyright.
`
`Grants Pass MHP
`
`Grants Pass MHP
`
`7001 Rogue River Hwy
`
`Grants Pass, Oregon 97527
`
`Grants Pass MHP
`
`Randy Nelson And All Occupants
`
`7001 Rogue River Hwy
`
`29
`
`Grants Pass
`
`Oregon
`
`97527
`
`8-03-2022
`
`Exhibit 1 Page 1 of 5
`
`

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`2 of 3
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`months and in the following amounts (Insert each month of unpaid rent AND the amount of rent for each month. List only rent. Do
`not include other Charges as defined below.):
`
`____________________________________________________________________________________________________________
`____________________________________________________________________________________________________________
`____________________________________________________________________________________________________________
`____________________________________________________________________________________________________________
`
`TOTAL RENT DUE (Total of all unpaid rent listed for the months identified above)
`$ ____________________
`NOTE TO TENANT: If you have any unpaid fees, fines, deposits, or other charges (collectively “Charges”) due, they must still be paid.
`Pursuant to ORS 90.392 Landlord reserves the right to issue you a separate 30-day Notice to terminate your tenancy if you do not
`timely pay the Charges.
`
`TOTAL RENT DUE must be paid by the Deadline, appearing below (Check applicable box):
`
`1. This Notice has been personally served. The Deadline for payment is 11:59 PM on the ________ day of
`____________________, 20 ___. (Deadline must be at least ten (10) days after the above Date of This Notice not counting
`the Date of This Notice . Example: If personal service occurred on the 8th of the month, the earliest Deadline would
`11:59PM on the 18th.)
`
`2. This Notice was mailed via regular first-class mail to Tenant. The Deadline for payment is 11:59 PM on the ________
`day of ____________________, 20 ___. (Deadline must be at least ten (13) days after the above Date of This Notice not
`counting the Date of This Notice. Example: If the mailing occurred on the 8th of the month, the earliest Deadline would
`11:59PM on the 21st.)
`
`3. This Notice was attached in a secure manner to the main entrance of Tenant’s home on the above Date of This
`Notice AND also on the same date mailed to Resident via regular first-class mail. The Deadline for payment is 11:59
`PM on the ________ day of ____________________, 20 ___. (Deadline must be at least ten (10) days after the above Date
`of This Notice, not counting the Date of This Notice. Example: If mailing and attachment occurred on the 8th of the month,
`the earliest Deadline would 11:59 PM on the 18th.) Caution: This attachment and mailing method of service should not be
`selected unless the Rental/Lease Agreement allows both the Landlord and Tenant to send notices to the other by this method.
`The current MHCO Rental/Lease Agreement does permit Landlord and Tenant to use this method of providing notices to each
`other.)
`
`FAILURE TO PAY THE ABOVE “TOTAL RENT DUE” BY THE “DEADLINE” INDICATED IN THE BOX CHECKED ABOVE TERMINATES
`YOUR TENANCY AND YOUR LANDLORD INTENDS TO TAKE POSSESSION OF THE PREMISES IN THE MANNER PROVIDED BY THE
`OREGON RESIDENTIAL LANDLORD AND TENANT ACT.
`
`Warning: Oregon law provides that if you are a tenant renting a floating home slip in a marina or a space in a mobile home
`park or manufactured dwelling park, Landlord may evict you with not less than thirty (30) days written notice if you have
`received three 10-day notices within the previous twelve (12) month period (“the 3- strikes law”). If you receive a 30-day
`notice of termination under the 3-strikes law, you will have no right to avoid the termination by payment of past due rent.
`
`MHCO Form 82A: Ten (10)-Day Notice of Termination For Non-Payment of Rent (For MHP Tenants Owning Mobile Home and Renting Space)
`
`This form is exclusively licensed to
`and its authorized agents and employees. Use by others is expressly prohibited and a violation of MHCO’s copyright.
`
`Grants Pass MHP
`
`2511.00
`
`March 2022 $502.20, April 2022 $502.20, May 2022 $502.20, June 2022 $502.20, July 2022 $502.20
`
`August
`
`22
`
`16th
`
`Exhibit 1 Page 2 of 5
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`

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`3 of 3
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`THIS 10-DAY NOTICE IS YOUR (CHECK ONE BOX):
`TWELVE MONTHS.
`
` FIRST SECOND THIRD 10-DAY NOTICE WITHIN THE PREVIOUS
`
`NOTICE TO VETERANS
`
`If the recipient of this Notice is a veteran of the armed forces, assistance may be available from a veterans’ service officer or
`community action agency in the County in which the recipient’s property/space is located. Contact information for a local county
`veterans’ service officer and community action agency may be obtained by calling a 2-1-1 information service.
`
`
`Date: _________________
` ________________________________________________________
`Owner/Agent:
`Name of Community:
`_______________________________________________________________________________
`Address:
`_________________________________________________________________________________________
`
`MHCO Form 82A: Ten (10)-Day Notice of Termination For Non-Payment of Rent (For MHP Tenants Owning Mobile Home and Renting Space)
`
`This form is exclusively licensed to
`and its authorized agents and employees. Use by others is expressly prohibited and a violation of MHCO’s copyright.
`
`Grants Pass MHP
`
`Grants Pass MHP
`
`Robert Hampton
`
`7001 Rogue River Hwy Grants Pass Oregon 97527
`
`8-3-22
`
`Exhibit 1 Page 3 of 5
`
`

`

`1 of 2
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`MHCO Form 111: Notice of Eviction Protection (SB 891)
`Created 4-2022 | This form is exclusively licensed to:
`
`Name of Community/Park:
`Address:
`
`[Landlord must deliver this Notice together with: (a) Any notice of termination for nonpayment; and (b) Any summons for a complaint
`seeking possession (“FED”) based on nonpayment given by Landlord or a service processor, including a summons delivered under
`ORS 105.135 (3)(b). Caution: This form replaces the one created by HB 4401. Use this form.]
`
`DATE OF LANDLORD’S DELIVERY OF THIS NOTICE: __________________________________________________________
`
`METHOD OF DELIVERY OF THIS NOTICE (SELECT ONE): PERSONAL SERVICE REGULAR MAIL MAIL AND ATTACHMENT
`
`TENANTS(S):
`
`____________________________________________________________________________________________
`
`ADDRESS:
`
` __________________________________________________________________
`
`SPACE ______________
`
`CITY
`
`___________________________________
`
`STATE ________________
`
`ZIP
`
`______________
`
`EMAIL:
`
` __________________________________________________________________
`
`NOTICE OF EVICTION PROTECTION (“NOTICE”)
`(Landlord should retain a completed copy of this Notice.)
`
`THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS TO PROTECTION AGAINST
`EVICTION FOR NONPAYMENT.
`
`For information in Spanish, Korean, Russian, Vietnamese or Chinese, go to the Judicial Department website at www.courts.oregon.gov.
`
`If you have applied for emergency rental assistance, then you may be protected from eviction for nonpayment of rent as long as
`your application is pending with the rental assistance provider. To qualify for this protection, no later than June 30, 2022, you
`must give your landlord documentation of your rental assistance application at or before your first appearance in court. The
`protection from eviction for nonpayment of rent applies until your application is no longer pending, but no later than September
`30, 2022. Do not miss an eviction court date, even if you believe your eviction should not be moving forward.
`
`Documentation of your application for rental assistance can be provided by any reasonable method, including by sending a copy or
`photograph of the documentation to your landlord by electronic mail or text message. “Documentation” includes electronic mail, a
`screenshot or other written or electronic documentation verifying the submission of an application for emergency rental assistance.
`
`MHCO Form 111: Notice of Eviction Protection (SB 891)
`
`This form is exclusively licensed to
`and its authorized agents and employees. Use by others is expressly prohibited and a violation of MHCO’s copyright.
`
`Grants Pass MHP
`
`Grants Pass MHP
`
`7001 Rogue River Hwy
`
`Grants Pass, Oregon 97527
`
`8-3-22
`
`Randy Nelson And All Occupants
`
`7001 Rogue River Hwy
`
`Grants Pass
`
`Oregon
`
`97527
`
`29
`
`Grants Pass MHP
`
`Exhibit 1 Page 4 of 5
`
`

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`To apply for rental assistance (before June 30, 2022), go to www.oregonrentalassistance.org, dial 211 or go to www.211info.org.
`
`To find free legal assistance for low-income Oregonians, go to www.oregonlawhelp.org.
`
`2 of 2
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`LANDLORD
`
` __________________________________________________________________
`
`MHCO Form 111: Notice of Eviction Protection (SB 891)
`
`This form is exclusively licensed to
`and its authorized agents and employees. Use by others is expressly prohibited and a violation of MHCO’s copyright.
`
`Grants Pass MHP
`
`Robert Hampton
`
`Exhibit 1 Page 5 of 5
`
`