US Laws, Codes, Statutes & Cases

Chapter 90 — Residential Landlord and Tenant

 

2005 EDITION

 

TITLE 10

PROPERTY RIGHTS AND TRANSACTIONS

 

Chapter     90.       Residential Landlord and Tenant

                  91.       Tenancy

                  92.       Subdivisions and Partitions

                  93.       Conveyancing and Recording

                  94.       Real Property Development

                  95.       Fraudulent Transfers and Conveyances

                  96.       Line and Partition Fences

                  97.       Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

                  98.       Lost, Unordered and Unclaimed Property; Unlawfully Parked Vehicles

                  99.       Property Removed by High Water

                  100.     Condominiums

                  101.     Continuing Care Retirement Communities

                  105.     Property Rights

_______________

 

Chapter 90 — Residential Landlord and Tenant

 

2005 EDITION

 

RESIDENTIAL LANDLORD AND TENANT

 

PROPERTY RIGHTS AND TRANSACTIONS

 

GENERAL PROVISIONS

 

90.100       Definitions

 

90.105       Short title

 

90.110       Exclusions from application of this chapter

 

90.115       Territorial application

 

90.120       Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.459 and 90.505 to 90.840

 

90.125       Administration of remedies; enforcement

 

90.130       Obligation of good faith

 

90.135       Unconscionability

 

90.140       Types of payments landlord may require or accept; written evidence of payment

 

90.145       Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord; restrictions

 

90.147       Delivery of possession

 

90.148       Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy

 

SERVICE OR DELIVERY OF NOTICES

 

90.150       Service or delivery of actual notice

 

90.155       Service or delivery of written notice

 

90.160       Calculation of notice periods

 

CONTENT OF AGREEMENTS

 

90.220       Terms and conditions of rental agreement; rent obligation and payment

 

90.230       Rental agreements for occupancy of recreational vehicle in park; remedy for noncompliance; exception

 

90.243       Qualifications for drug and alcohol free housing; “program of recovery” defined

 

90.245       Prohibited provisions in rental agreements; remedy

 

90.250       Receipt of rent without obligation to maintain premises prohibited

 

90.255       Attorney fees

 

90.260       Late rent payment charge or fee; restrictions; calculation

 

90.262       Use and occupancy rules and regulations; adoption; enforceability; restrictions

 

90.263       Vehicle tags

 

90.265       Interest in alternative energy device installed by tenant

 

FEES AND DEPOSITS

 

90.295       Applicant screening charge; limitations; notice upon denial of tenancy; refund; remedies

 

90.297       Prohibition on charging deposit or fee to enter rental agreement; exceptions; deposit allowed for securing execution of rental agreement; remedy

 

90.300       Security deposits; prepaid rent

 

90.302       Fees allowed for certain landlord expenses; accounting not required

 

LANDLORD RIGHTS AND OBLIGATIONS

 

90.304       Statement of reasons for denial; remedy for noncompliance

 

90.305       Disclosure of certain matters; retention of rental agreement; inspection of agreement

 

90.310       Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager

 

90.315       Utility or service payments; additional charges; responsibility for utility or service; remedies

 

90.318       Criteria for landlord provision of certain recycling services

 

90.320       Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises

 

90.322       Landlord or agent access to premises; remedies

 

TENANT OBLIGATIONS

 

90.325       Tenant duties

 

90.340       Occupancy of premises as dwelling unit only; notice of tenant absence

 

TENANT REMEDIES

 

90.360       Effect of landlord noncompliance with rental agreement or obligation to maintain premises; generally

 

90.365       Failure of landlord to supply essential services; remedies

 

90.370       Tenant counterclaims in action by landlord for possession or rent

 

90.375       Effect of unlawful ouster or exclusion; willful diminution of services

 

90.380       Effect of rental of dwelling in violation of building or housing codes; remedy

 

90.385       Retaliatory conduct by landlord prohibited; tenant remedies and defenses; action for possession in certain cases

 

90.390       Discrimination against tenant or applicant; tenant defense

 

LANDLORD REMEDIES

 

90.392       Termination of rental agreement by landlord for cause; tenant right to cure violation

 

90.394       Termination of rental agreement for failure to pay rent

 

90.396       Acts or omissions justifying termination 24 hours after notice

 

90.398       Termination of rental agreement for drug or alcohol violations

 

90.401       Remedies available to landlord

 

90.403       Taking possession of premises from unauthorized possessor

 

90.405       Effect of tenant keeping unpermitted pet

 

90.410       Effect of tenant failure to give notice of absence; absence; abandonment

 

90.415       Landlord waiver of right to terminate tenancy; exceptions

 

90.420       Enforceability of landlord liens; distraint for rent abolished

 

90.425       Disposition of personal property abandoned by tenant; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property

 

90.427       Termination of periodic tenancies; landlord remedies for tenant holdover

 

90.429       Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.840

 

90.430       Claims for possession, rent, damages after termination of rental agreement

 

90.435       Limitation on recovery of possession of premises

 

MISCELLANEOUS

 

90.450       Right of city to recover from owner for costs of relocating tenant due to condemnation; defense

 

90.453       Termination by tenant who is victim of domestic violence, sexual assault or stalking; verification statement

 

90.456       Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual assault or stalking

 

90.459       Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking

 

90.472       Termination by tenant called into active state service by Governor

 

90.475       Termination by tenant due to service with Armed Forces

 

MANUFACTURED DWELLING AND FLOATING HOME SPACES

 

(General Provisions)

 

90.505       Definition for ORS 90.505 to 90.840; application of statutes

 

90.510       Statement of policy; rental agreement; rules and regulations; remedies

 

90.512       Definitions for ORS 90.514 and 90.518

 

90.514       Disclosure to prospective tenant of improvements required under rental agreement

 

90.516       Model statement for disclosure of improvements required under rental agreement; rules

 

90.518       Provider statement of estimated cost of improvements

 

90.525       Unreasonable conditions of rental or occupancy prohibited

 

90.528       Use of common areas or facilities

 

90.530       Pets in facilities; rental agreements; violations

 

90.531       Definitions for ORS 90.531 to 90.539

 

90.532       Billing methods for utility or service charges; system maintenance; restriction on charging for water

 

90.534       Allocated charges for utility or service provided directly to space or common area

 

90.536       Charges for utilities or services measured by submeter

 

90.537       Conversion of billing method for utility or service charges

 

90.539       Entry to read submeter

 

90.540       Permissible forms of tenancy; minimum fixed term

 

90.545       Fixed term tenancy expiration; renewal or extension; new rental agreements; tenant refusal of new rental agreement; written storage agreement upon termination of tenancy

 

(Landlord and Tenant Relations)

 

90.600       Increases in rent; notice; meeting with tenants; effect of failure to meet

 

90.605       Persons authorized to receive notice and demands on landlord’s behalf; written notice to change designated person

 

90.610       Informal dispute resolution; notice of proposed change in rule or regulation; objection to change by tenant

 

90.620       Termination by tenant; notice to landlord

 

90.630       Termination by landlord; causes; rules; notice; cure; nonpayment of rent

 

90.632       Termination of tenancy due to physical condition of manufactured dwelling or floating home; correction of condition by tenant

 

90.635       Closure of facility; notice to tenant of tax credit; rules

 

(Ownership Change)

 

90.675       Disposition of manufactured dwelling or floating home left in facility; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property

 

90.680       Sale of dwelling or home on rented space; duties and rights of seller, prospective purchaser and landlord

 

(Actions)

 

90.710       Causes of action; limit on cause of action of tenant; attorney fees

 

90.720       Action to enjoin violation of ORS 90.750 or 90.755

 

(Landlord Rights and Obligations)

 

90.725       Landlord or agent access to rented space; remedies

 

90.730       Landlord to maintain rented space and common areas in habitable condition

 

(Temporary provisions relating to landlord registration and continuing education for facility managers and owners are compiled as notes following ORS 90.730)

 

(Tenant Rights and Obligations)

 

90.740       Tenant obligations

 

90.750       Right to assemble or canvass in facility; limitations

 

90.755       Right to speak on political issues; limitations; placement of political signs

 

90.760       Notice to tenants’ association when park becomes subject to listing agreement

 

90.765       Prohibitions on retaliatory conduct by landlord

 

90.771       Confidentiality of information regarding disputes

 

90.775       Rules

 

(Facility Purchase by Tenants)

 

90.800       Policy

 

90.810       Association notification of possible sale of facility

 

90.815       Incorporation of facility purchase association

 

90.820       Facility purchase by association or nonprofit corporation; procedures

 

90.830       Facility owner affidavit of compliance with procedures

 

90.840       Park purchase funds, loans

 

(Dealer Sales of Manufactured Dwellings)

 

90.860       Definitions for ORS 90.865 to 90.875

 

90.865       Dealer notice of rent payments and financing

 

90.870       Manner of giving notice; persons entitled to notice

 

90.875       Remedy for failure to give notice

 

GENERAL PROVISIONS

 

      90.100 Definitions. As used in this chapter, unless the context otherwise requires:

      (1) “Accessory building or structure” means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:

      (a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or

      (b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home.

      (2) “Action” includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.

      (3) “Applicant screening charge” means any payment of money required by a landlord of an applicant prior to entering into a rental agreement with that applicant for a residential dwelling unit, the purpose of which is to pay the cost of processing an application for a rental agreement for a residential dwelling unit.

      (4) “Building and housing codes” includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.

      (5) “Conduct” means the commission of an act or the failure to act.

      (6) “Dealer” means any person in the business of selling, leasing or distributing new or used manufactured dwellings or floating homes to persons who purchase or lease a manufactured dwelling or floating home for use as a residence.

      (7) “Domestic violence” has the meaning given that term in ORS 135.230.

      (8) “Drug and alcohol free housing” means a dwelling unit described in ORS 90.243.

      (9) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. “Dwelling unit” regarding a person who rents a space for a manufactured dwelling or recreational vehicle or regarding a person who rents moorage space for a floating home as defined in ORS 830.700, but does not rent the home, means the space rented and not the manufactured dwelling, recreational vehicle or floating home itself.

      (10) “Essential service” means:

      (a) For a tenancy not consisting of rental space for a manufactured dwelling, floating home or recreational vehicle owned by the tenant and not otherwise subject to ORS 90.505 to 90.840:

      (A) Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows and any cooking appliance or refrigerator supplied or required to be supplied by the landlord; and

      (B) Any other service or habitability obligation imposed by the rental agreement or ORS 90.320, the lack or violation of which creates a serious threat to the tenant’s health, safety or property or makes the dwelling unit unfit for occupancy.

      (b) For a tenancy consisting of rental space for a manufactured dwelling, floating home or recreational vehicle owned by the tenant or that is otherwise subject to ORS 90.505 to 90.840:

      (A) Sewage disposal, water supply, electrical supply and, if required by applicable law, any drainage system; and

      (B) Any other service or habitability obligation imposed by the rental agreement or ORS 90.730, the lack or violation of which creates a serious threat to the tenant’s health, safety or property or makes the rented space unfit for occupancy.

      (11) “Facility” means:

      (a) A place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a fee; or

      (b) A moorage of contiguous dwelling units that may be legally transferred as a single unit and are owned by one person where four or more floating homes are secured, the primary purpose of which is to rent space or keep space for rent to any person for a fee.

      (12) “Facility purchase association” means a group of three or more tenants who reside in a facility and have organized for the purpose of eventual purchase of the facility.

      (13) “Fee” means a nonrefundable payment of money.

      (14) “First class mail” does not include certified or registered mail, or any other form of mail that may delay or hinder actual delivery of mail to the recipient.

      (15) “Fixed term tenancy” means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination.

      (16) “Floating home” has the meaning given that term in ORS 830.700. “Floating home” includes an accessory building or structure.

      (17) “Good faith” means honesty in fact in the conduct of the transaction concerned.

      (18) “Hotel or motel” means “hotel” as that term is defined in ORS 699.005.

      (19) “Informal dispute resolution” means, but is not limited to, consultation between the landlord or landlord’s agent and one or more tenants, or mediation utilizing the services of a third party.

      (20) “Landlord” means the owner, lessor or sublessor of the dwelling unit or the building or premises of which it is a part. “Landlord” includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement.

      (21) “Landlord’s agent” means a person who has oral or written authority, either express or implied, to act for or on behalf of a landlord.

      (22) “Last month’s rent deposit” means a type of security deposit, however designated, the primary function of which is to secure the payment of rent for the last month of the tenancy.

      (23) “Manufactured dwelling” means a residential trailer, a mobile home or a manufactured home as those terms are defined in ORS 446.003. “Manufactured dwelling” includes an accessory building or structure. “Manufactured dwelling” does not include a recreational vehicle.

      (24) “Month-to-month tenancy” means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties.

      (25) “Organization” includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.

      (26) “Owner” includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:

      (a) All or part of the legal title to property; or

      (b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises.

      (27) “Person” includes an individual or organization.

      (28) “Premises” means:

      (a) A dwelling unit and the structure of which it is a part and facilities and appurtenances therein;

      (b) Grounds, areas and facilities held out for the use of tenants generally or the use of which is promised to the tenant; and

      (c) A facility for manufactured dwellings or floating homes.

      (29) “Prepaid rent” means any payment of money to the landlord for a rent obligation not yet due. In addition, “prepaid rent” means rent paid for a period extending beyond a termination date.

      (30) “Recreational vehicle” has the meaning given that term in ORS 446.003.

      (31) “Rent” means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others. “Rent” does not include security deposits, fees or utility or service charges as described in ORS 90.315 (4) and 90.532.

      (32) “Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under ORS 90.262 or 90.510 (6) embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. “Rental agreement” includes a lease. A rental agreement shall be either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.

      (33) “Roomer” means a person occupying a dwelling unit that does not include a toilet and either a bathtub or a shower and a refrigerator, stove and kitchen, all provided by the landlord, and where one or more of these facilities are used in common by occupants in the structure.

      (34) “Screening or admission criteria” means a written statement of any factors a landlord considers in deciding whether to accept or reject an applicant and any qualifications required for acceptance. “Screening or admission criteria” includes, but is not limited to, the rental history, character references, public records, criminal records, credit reports, credit references and incomes or resources of the applicant.

      (35) “Security deposit” means a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement. “Security deposit” does not include a fee.

      (36) “Sexual assault” has the meaning given that term in ORS 147.450.

      (37) “Squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. “Squatter” does not include a tenant who holds over as described in ORS 90.427 (4).

      (38) “Stalking” means the behavior described in ORS 163.732.

      (39) “Statement of policy” means the summary explanation of information and facility policies to be provided to prospective and existing tenants under ORS 90.510.

      (40) “Surrender” means an agreement, express or implied, as described in ORS 90.148 between a landlord and tenant to terminate a rental agreement that gave the tenant the right to occupy a dwelling unit.

      (41) “Tenant” means a person, including a roomer, entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, including a dwelling unit owned, operated or controlled by a public housing authority. “Tenant” also includes a minor, as defined and provided for in ORS 109.697. As used in ORS 90.505 to 90.840, “tenant” includes only a person who owns and occupies as a residence a manufactured dwelling or a floating home in a facility and persons residing with that tenant under the terms of the rental agreement.

      (42) “Transient lodging” means a room or a suite of rooms.

      (43) “Transient occupancy” means occupancy in transient lodging that has all of the following characteristics:

      (a) Occupancy is charged on a daily basis and is not collected more than six days in advance;

      (b) The lodging operator provides maid and linen service daily or every two days as part of the regularly charged cost of occupancy; and

      (c) The period of occupancy does not exceed 30 days.

      (44) “Vacation occupancy” means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics:

      (a) The occupant rents the unit for vacation purposes only, not as a principal residence;

      (b) The occupant has a principal residence other than at the unit; and

      (c) The period of authorized occupancy does not exceed 45 days.

      (45) “Victim” means a person who is the subject of domestic violence, sexual assault or stalking. “Victim” includes a parent or guardian of a minor who is the subject of domestic violence, sexual assault or stalking.

      (46) “Week-to-week tenancy” means a tenancy that has all of the following characteristics:

      (a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;

      (b) There is a written rental agreement that defines the landlord’s and the tenant’s rights and responsibilities under this chapter; and

      (c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS 90.295. [Formerly 91.705; 1991 c.844 §3; 1993 c.369 §1; 1995 c.324 §1; 1995 c.559 §1; 1997 c.577 §1; 1999 c.676 §§7,7a; 2001 c.596 §27; 2003 c.378 §8; 2005 c.22 §57; 2005 c.41 §1; 2005 c.619 §15]

 

      90.105 Short title. This chapter shall be known and may be cited as the “Residential Landlord and Tenant Act.” [Formerly 91.700]

 

      90.110 Exclusions from application of this chapter. Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

      (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service, but not including residence in off-campus nondormitory housing.

      (2) Occupancy of a dwelling unit for no more than 90 days by a purchaser prior to the scheduled closing of a real estate sale or by a seller following the closing of a sale, in either case as permitted under the terms of an agreement for sale of a dwelling unit or the property of which it is a part. The occupancy by a purchaser or seller described in this subsection may be terminated only pursuant to ORS 91.130. A tenant who holds but has not exercised an option to purchase the dwelling unit is not a purchaser for purposes of this subsection.

      (3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.

      (4) Transient occupancy in a hotel or motel.

      (5) Occupancy by a squatter.

      (6) Vacation occupancy.

      (7) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises. However, the occupancy by an employee as described in this subsection may be terminated only pursuant to ORS 91.120.

      (8) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

      (9) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. [Formerly 91.710; 1993 c.369 §2; 1997 c.577 §2; 1999 c.603 §6; 2001 c.596 §28]

 

      90.115 Territorial application. This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. [Formerly 91.715]

 

      90.120 Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.459 and 90.505 to 90.840. (1) The provisions of ORS 87.152 to 87.212, 91.010 to 91.110, 91.130, 91.210 and 91.220 do not apply to the rights and obligations of landlords and tenants governed by this chapter.

      (2) Any provisions of this chapter that reasonably apply only to the structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home but rents the space on which it is located.

      (3) The provisions of ORS 90.505 to 90.840 apply only if:

      (a) The tenant owns the manufactured dwelling or floating home;

      (b) The tenant rents the space on which the dwelling or home is located; and

      (c) Except as provided in subsection (4) of this section, the space is in a facility.

      (4) ORS 90.512, 90.514, 90.516 and 90.518 apply to a converted rental space as defined in ORS 90.512 regardless of whether the converted rental space is in a facility.

      (5) Residential tenancies for recreational vehicles and for manufactured dwellings and floating homes that are not subject to ORS 90.505 to 90.840 shall be subject to ORS 90.100 to 90.459. Tenancies described in this subsection include tenancies for:

      (a) A recreational vehicle, located inside or outside of a facility, if the tenant owns or rents the vehicle;

      (b) A manufactured dwelling or floating home, located inside or outside of a facility, if the tenant rents both the dwelling or home and the space; and

      (c) A manufactured dwelling or floating home, located outside a facility, if the tenant owns the dwelling or home and rents the space. [Formerly 91.720; 1991 c.844 §28; 1995 c.559 §5; 1997 c.577 §2a; 1999 c.676 §8; 2005 c.41 §2]

 

      90.125 Administration of remedies; enforcement. (1) The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.

      (2) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. [Formerly 91.725]

 

      90.130 Obligation of good faith. Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. [Formerly 91.730]

 

      90.135 Unconscionability. (1) If the court, as a matter of law, finds:

      (a) A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or

      (b) A settlement in which a party waives or agrees to forgo a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

      (2) If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination. [Formerly 91.735]

 

      90.140 Types of payments landlord may require or accept; written evidence of payment. (1) A landlord may require or accept the following types of payments:

      (a) Applicant screening charges, pursuant to ORS 90.295;

      (b) Deposits to secure the execution of a rental agreement, pursuant to ORS 90.297;

      (c) Security deposits, pursuant to ORS 90.300;

      (d) Fees, pursuant to ORS 90.302;

      (e) Rent, as defined in ORS 90.100;

      (f) Prepaid rent, as defined in ORS 90.100;

      (g) Utility or service charges, pursuant to ORS 90.315 (4), 90.534 or 90.536;

      (h) Late charges or fees, pursuant to ORS 90.260; and

      (i) Damages, for noncompliance with a rental agreement or ORS 90.325, under ORS 90.401 or as provided elsewhere in this chapter.

      (2) A tenant who requests a writing that evidences the tenant’s payment is entitled to receive that writing from the landlord as a condition for making the payment. The writing may be a receipt, statement of the tenant’s account or other acknowledgment of the tenant’s payment. The writing must include the amount paid, the date of payment and information identifying the landlord or the rental property. If the tenant makes the payment by mail, deposit or a method other than in person and requests the writing, the landlord shall within a reasonable time provide the tenant with the writing in a manner consistent with ORS 90.150. [1997 c.577 §4; 1999 c.603 §7; 2001 c.596 §29; 2005 c.22 §58; 2005 c.391 §13; 2005 c.619 §16]

 

      90.145 Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord; restrictions. (1) A tenant who occupies or an applicant who will occupy a dwelling unit and who conducts repairs, routine maintenance or cleaning services on that dwelling unit in exchange for a reduction in rent pursuant to a written or oral agreement with the landlord is not an employee of the landlord.

      (2) A tenant or an applicant described in subsection (1) of this section may not conduct electrical or plumbing installation, maintenance or repair unless properly licensed under ORS 479.510 to 479.945 or ORS chapter 693. The tenant or applicant is not required to obtain a plumbing contractor license under ORS 447.040 to perform work under this section.

      (3) Nothing in this section diminishes the obligations of a landlord to maintain the dwelling unit in a habitable condition under ORS 90.320 or 90.730.

      (4) Any electrical or plumbing installation, maintenance or repair work performed by a tenant or an applicant under this section must comply with ORS 447.010 to 447.156 and 479.510 to 479.945. [1995 c.773 §2; 1999 c.676 §9; 2005 c.758 §6]

 

      Note: The amendments to 90.145 by section 6, chapter 758, Oregon Laws 2005, become operative July 1, 2006. See section 57, chapter 758, Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws 2005. The text that is operative until July 1, 2006, is set forth for the user’s convenience.

      90.145. (1) A tenant who occupies or an applicant who will occupy a dwelling unit and who conducts repairs, routine maintenance or cleaning services on that dwelling unit in exchange for a reduction in rent pursuant to a written or oral agreement with the landlord shall not be considered to be an employee of the landlord.

      (2) A person described in subsection (1) of this section shall not conduct electrical or plumbing installation, maintenance or repair unless properly licensed or certified under ORS chapter 479 or 693.

      (3) Nothing in this section diminishes the obligations of a landlord to maintain the dwelling unit in a habitable condition under ORS 90.320 or 90.730.

      (4) Any work performed by a tenant or applicant under this section shall be in compliance with ORS chapters 447 and 479. However, a tenant or applicant shall not be required to secure a certificate of registration under ORS 447.010 to 447.156 and 447.992.

 

      90.147 Delivery of possession. For the purposes of this chapter, delivery of possession occurs:

      (1) From the landlord to the tenant, when the landlord gives actual notice to the tenant that the tenant has the right under a rental agreement to occupy the dwelling unit to the exclusion of others. The right to occupy may be implied by actions such as the landlord’s delivery of the keys to the dwelling unit; and

      (2) From the tenant to the landlord at the termination of the tenancy, when:

      (a) The tenant gives actual notice to the landlord that the tenant has relinquished any right to occupy the dwelling unit to the exclusion of others. Relinquishment of the right to occupy may be implied by actions such as the tenant’s return of the keys to the dwelling unit;

      (b) After the expiration date of an outstanding termination of tenancy notice or the end of a term tenancy, the landlord reasonably believes under all the circumstances that the tenant has relinquished or no longer claims the right to occupy the dwelling unit to the exclusion of others; or

      (c) The landlord reasonably knows of the tenant’s abandonment of the dwelling unit. [1995 c.559 §9; 1999 c.603 §8]

 

      90.148 Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy. The surrender of a dwelling unit may be implied from the landlord’s acceptance of a tenant’s abandonment or relinquishment of the right to occupy. The landlord’s acceptance may be demonstrated by acts of the landlord that are inconsistent with the existence of the tenancy. A landlord’s receipt of the keys to the dwelling unit or a landlord’s reasonable efforts to mitigate the landlord’s damages by attempting to rent the dwelling unit to a new tenant shall not constitute acts inconsistent with the existence of the tenancy. Reasonable efforts to mitigate damages include preparing the unit for rental. [1999 c.603 §2]

 

      Note: 90.148 was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

SERVICE OR DELIVERY OF NOTICES

 

      90.150 Service or delivery of actual notice. When this chapter requires actual notice, service or delivery of that notice shall be executed by one or more of the following methods:

      (1) Verbal notice that is given personally to the landlord or tenant or left on the landlord’s or tenant’s telephone answering device.

      (2) Written notice that is personally delivered to the landlord or tenant, left at the landlord’s rental office, sent by facsimile to the landlord’s residence or rental office or to the tenant’s dwelling unit, or attached in a secure manner to the main entrance of the landlord’s residence or tenant’s dwelling unit.

      (3) Written notice that is delivered by first class mail to the landlord or tenant. If the notice is mailed, the notice shall be considered served three days after the date the notice was mailed.

      (4) Any other method reasonably calculated to achieve actual receipt of notice, as agreed to and described in a written rental agreement. [1995 c.559 §3; 1997 c.577 §5; 1999 c.603 §9; 2003 c.14 §33]

 

      90.155 Service or delivery of written notice. (1) Except as provided in ORS 90.300, 90.425 and 90.675, where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods:

      (a) Personal delivery to the landlord or tenant;

      (b) First class mail to the landlord or tenant; or

      (c) If a written rental agreement so provides, both first class mail and attachment to a designated location. In order for a written rental agreement to provide for mail and attachment service of written notices from the landlord to the tenant, the agreement must also provide for such service of written notices from the tenant to the landlord. Mail and attachment service of written notices shall be executed as follows:

      (A) For written notices from the landlord to the tenant, the first class mail notice copy shall be addressed to the tenant at the premises and the second notice copy shall be attached in a secure manner to the main entrance to that portion of the premises of which the tenant has possession; and

      (B) For written notices from the tenant to the landlord, the first class mail notice copy shall be addressed to the landlord at an address as designated in the written rental agreement and the second notice copy shall be attached in a secure manner to the landlord’s designated location, which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours.

      (2) If a notice is served by mail, the minimum period for compliance or termination of tenancy, as appropriate, shall be extended by three days, and the notice shall include the extension in the period provided.

      (3) A landlord or tenant may utilize alternative methods of notifying the other so long as the alternative method is in addition to one of the service methods described in subsection (1) of this section.

      (4) Notwithstanding ORS 90.510 (4), after 30 days’ written notice, a landlord may unilaterally amend a rental agreement for a manufactured dwelling or floating home that is subject to ORS 90.505 to 90.840 to provide for service or delivery of written notices by mail and attachment service as provided by subsection (1)(c) of this section. [Formerly 90.910; 1997 c.577 §6; 2001 c.596 §29a]

 

      90.160 Calculation of notice periods. (1) Notwithstanding ORCP 10 and not including the seven-day and four-day waiting periods provided in ORS 90.394, where there are references in this chapter to periods and notices based on a number of days, those days shall be calculated by consecutive calendar days, not including the initial day of service, but including the last day until midnight of that last day. Where there are references in this chapter to periods or notices based on a number of hours, those hours shall be calculated in consecutive clock hours, beginning immediately upon service.

      (2) Notwithstanding subsection (1) of this section, for 72-hour or 144-hour nonpayment notices under ORS 90.394 that are served pursuant to ORS 90.155 (1)(c), the time period described in subsection (1) of this section begins at 11:59 p.m. the day the notice is both mailed and attached to the premises. The time period shall end 72 hours or 144 hours, as the case may be, after the time started to run at 11:59 p.m. [Formerly 90.402; 1997 c.577 §7; 2005 c.391 §14]

 

CONTENT OF AGREEMENTS

 

      90.220 Terms and conditions of rental agreement; rent obligation and payment. (1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

      (2) The terms of a fixed term tenancy, including the amount of rent, may not be unilaterally amended by the landlord or tenant.

      (3) The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions thereto.

      (4) Notwithstanding ORS 90.245 (1), the parties to a rental agreement to which ORS 90.100 to 90.459 apply may include in the rental agreement a provision for informal dispute resolution.

      (5) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

      (6) Except as otherwise provided by this chapter:

      (a) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit, periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly or weekly installments at the beginning of each month or week, depending on whether the tenancy is month-to-month or week-to-week. Rent may not be considered to be due prior to the first day of each rental period. Rent may not be increased without a 30-day written notice thereof in the case of a month-to-month tenancy or a seven-day written notice thereof in the case of a week-to-week tenancy.

      (b) If a rental agreement does not create a week-to-week tenancy, as defined in ORS 90.100, or a fixed term tenancy, the tenancy shall be a month-to-month tenancy.

      (7) Except as provided by ORS 90.427 (4), a tenant is responsible for payment of rent until the earlier of:

      (a) The date that a notice terminating the tenancy expires;

      (b) The date that the tenancy terminates by its own terms;

      (c) The date that the tenancy terminates by surrender;

      (d) The date that the tenancy terminates as a result of the landlord failing to use reasonable efforts to rent the dwelling unit to a new tenant as provided under ORS 90.410 (3);

      (e) The date when a new tenancy with a new tenant begins;

      (f) Thirty days after delivery of possession without prior notice of termination of a month-to-month tenancy; or

      (g) Ten days after delivery of possession without prior notice of termination of a week-to-week tenancy. [Formerly 90.240]

 

      90.230 Rental agreements for occupancy of recreational vehicle in park; remedy for noncompliance; exception. (1) If a tenancy is for the occupancy of a recreational vehicle in a manufactured dwelling park, mobile home park or recreational vehicle park, all as defined in ORS 197.492, the landlord shall provide a written rental agreement for a month-to-month, week-to-week or fixed-term tenancy. The rental agreement must state:

      (a) If applicable, that the tenancy may be terminated by the landlord under ORS 90.427 without cause upon 30 days’ written notice for a month-to-month tenancy or upon 10 days’ written notice for a week-to-week tenancy.

      (b) That any accessory building or structure paid for or provided by the tenant belongs to the tenant and is subject to a demand by the landlord that the tenant remove the building or structure upon termination of the tenancy.

      (c) That the tenancy is subject to the requirements of ORS 197.493 (1) for exemption from placement and occupancy restrictions.

      (2) If a tenant described in subsection (1) of this section moves following termination of the tenancy by the landlord under ORS 90.427, and the landlord failed to provide the required written rental agreement before the beginning of the tenancy, the tenant may recover the tenant’s actual damages or twice the periodic rent, whichever is greater.

      (3) If the occupancy fails at any time to comply with the requirements of ORS 197.493 (1) for exemption from placement and occupancy restrictions, and a state agency or local government requires the tenant to move as a result of the noncompliance, the tenant may recover the tenant’s actual damages or twice the periodic rent, whichever is greater. This subsection does not apply if the noncompliance was caused by the tenant.

      (4) This section does not apply to a vacation occupancy. [2005 c.619 §14]

 

      90.240 [Formerly 91.740; 1993 c.369 §3; 1995 c.559 §6; 1997 c.577 §8; 1999 c.603 §10; 2003 c.378 §9; renumbered 90.220 in 2005]

 

      90.243 Qualifications for drug and alcohol free housing; “program of recovery” defined. (1) A dwelling unit qualifies as drug and alcohol free housing if:

      (a)(A) For premises consisting of more than eight dwelling units, the dwelling unit is one of at least eight contiguous dwelling units on the premises that are designated by the landlord as drug and alcohol free housing dwelling units and that are each occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery; or

      (B) For premises consisting of eight or fewer dwelling units, the dwelling unit is one of at least four contiguous dwelling units on the premises that are designated by the landlord as drug and alcohol free housing dwelling units and that are each occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery;

      (b) The landlord is a nonprofit corporation incorporated pursuant to ORS chapter 65 or a housing authority created pursuant to ORS 456.055 to 456.235;

      (c) The landlord provides for the designated drug and alcohol free housing dwelling units:

      (A) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord and guests;

      (B) Monitoring of the tenants for compliance with the requirements described in paragraph (d) of this subsection;

      (C) Individual and group support for recovery; and

      (D) Access to a specified program of recovery; and

      (d) The rental agreement for the designated drug and alcohol free housing dwelling unit is in writing and includes the following provisions:

      (A) That the dwelling unit is designated by the landlord as a drug and alcohol free housing dwelling unit;

      (B) That the tenant may not use, possess or share alcohol, illegal drugs, controlled substances or prescription drugs without a medical prescription, either on or off the premises;

      (C) That the tenant may not allow the tenant’s guests to use, possess or share alcohol, illegal drugs, controlled substances or prescription drugs without a medical prescription, on the premises;

      (D) That the tenant shall participate in a program of recovery, which specific program is described in the rental agreement;

      (E) That on at least a quarterly basis the tenant shall provide written verification from the tenant’s program of recovery that the tenant is participating in the program of recovery and that the tenant has not used alcohol or illegal drugs;

      (F) That the landlord has the right to require the tenant to take a test for drug or alcohol usage promptly and at the landlord’s discretion and expense; and

      (G) That the landlord has the right to terminate the tenant’s tenancy in the drug and alcohol free housing under ORS 90.392, 90.398 or 90.630 for noncompliance with the requirements described in this paragraph.

      (2) A dwelling unit qualifies as drug and alcohol free housing despite the premises not having the minimum number of qualified dwelling units required by subsection (1)(a) of this section if:

      (a) The premises are occupied but have not previously qualified as drug and alcohol free housing;

      (b) The landlord designates certain dwelling units on the premises as drug and alcohol free dwelling units;

      (c) The number of designated drug and alcohol free housing dwelling units meets the requirement of subsection (1)(a) of this section;

      (d) When each designated dwelling unit becomes vacant, the landlord rents that dwelling unit to, or holds that dwelling unit for occupancy by, at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery and the landlord meets the other requirements of subsection (1) of this section; and

      (e) The dwelling unit is one of the designated drug and alcohol free housing dwelling units.

      (3) The failure by a tenant to take a test for drug or alcohol usage as requested by the landlord pursuant to subsection (1)(d)(F) of this section may be considered evidence of drug or alcohol use.

      (4) As used in this section, “program of recovery” means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol or illegal drugs while living in drug and alcohol free housing. A “program of recovery” includes Alcoholics Anonymous, Narcotics Anonymous and similar programs. [1995 c.559 §7; 1997 c.577 §9; 1999 c.603 §11; 2003 c.378 §10; 2005 c.22 §59; 2005 c.391 §15]

 

      90.245 Prohibited provisions in rental agreements; remedy. (1) A rental agreement may not provide that the tenant:

      (a) Agrees to waive or forgo rights or remedies under this chapter;

      (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; or

      (c) Agrees to the exculpation or limitation of any liability arising as a result of the other party’s willful misconduct or negligence or to indemnify the other party for that liability or costs connected therewith.

      (2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited and attempts to enforce such provisions, the tenant may recover in addition to the actual damages of the tenant an amount up to three months’ periodic rent. [Formerly 91.745]

 

      90.250 Receipt of rent without obligation to maintain premises prohibited. A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with ORS 90.320 (1) or 90.730. [Formerly 91.750; 1999 c.676 §10]

 

      90.255 Attorney fees. In any action on a rental agreement or arising under this chapter, reasonable attorney fees at trial and on appeal may be awarded to the prevailing party together with costs and necessary disbursements, notwithstanding any agreement to the contrary. As used in this section, “prevailing party” means the party in whose favor final judgment is rendered. [Formerly 91.755]

 

      90.260 Late rent payment charge or fee; restrictions; calculation. (1) A landlord may impose a late charge or fee, however designated, only if:

      (a) The rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable; and

      (b) There exists a written rental agreement that specifies:

      (A) The tenant’s obligation to pay a late charge on delinquent rent payments;

      (B) The type and amount of the late charge, as described in subsection (2) of this section; and

      (C) The date on which rent payments are due and the date or day on which late charges become due.

      (2) The amount of any late charge may not exceed:

      (a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market;

      (b) A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent, not including any late charge, is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount described in paragraph (a) of this subsection; or

      (c) Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing and accumulating until that rent payment, not including any late charge, is paid in full, through that rental period only.

      (3) In periodic tenancies, a landlord may change the type or amount of late charge by giving 30 days’ written notice to the tenant.

      (4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment, thereby making that rent payment delinquent for imposition of a new or additional late charge or for termination of the tenancy for nonpayment under ORS 90.394.

      (5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments pursuant to ORS 82.010 (2) and accruing from the date the late charge is imposed.

      (6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394, but is grounds for termination of a rental agreement for cause under ORS 90.392 or 90.630 (1). A landlord may note the imposition of a late charge on a notice of nonpayment of rent under ORS 90.394, so long as the notice states or otherwise makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge, within the allotted time.

      (7) A late charge includes an increase or decrease in the regularly charged periodic rent payment imposed because a tenant does or does not pay that rent by a certain date. [1989 c.506 §15; 1995 c.559 §8; 1997 c.249 §30; 1997 c.577 §9a; 1999 c.603 §12; 2005 c.391 §16]

 

      90.262 Use and occupancy rules and regulations; adoption; enforceability; restrictions. (1) A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant’s use and occupancy of the premises. It is enforceable against the tenant only if:

      (a) Its purpose is to promote the convenience, safety or welfare of the tenants in the premise