US Laws, Codes, Statutes & Cases

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

 

2007 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

 

90.113       Additional exclusion from application of chapter

 

90.115       Territorial application

 

90.120       Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.465 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

 

90.368       Repair of minor habitability defect

 

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

 

90.412       Waiver of termination of tenancy

 

90.414       Acts not constituting waiver of termination of tenancy; delivery of rent refund

 

90.417       Duty to pay rent; effect of acceptance of partial rent

 

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

 

90.440       Termination of tenancy in group recovery home; recovery of possession; damages

 

DOMESTIC VIOLENCE, SEXUAL ASSAULT OR STALKING

 

90.445       Termination of tenant committing criminal act of physical violence

 

90.449       Landlord discrimination against victim; exception; tenant defenses and remedies

 

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

 

MISCELLANEOUS

 

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

 

90.472       Termination by tenant called into active state service by Governor

 

90.475       Termination by tenant due to service with Armed Forces

 

90.485       Restrictions on landlord removal of vehicle; exceptions

 

90.490       Prohibited acts in anticipation of notice of conversion to condominium; damages

 

90.493       Prohibited acts following notice of conversion to condominium; damages

 

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

 

90.555       Subleasing agreements

 

(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; notice; cure; repeated nonpayment of rent

 

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

 

90.634       Prohibition against lien for rent; action for possession; disposition of dwelling or home; disposition of goods

 

90.645       Closure of manufactured dwelling park; notices; payments to tenants

 

90.650       Notice of tax provisions to tenants of closing manufactured dwelling park; rules

 

90.655       Park closure notice to nontenants; report of tenant reactions

 

90.660       Local regulation of park closures

 

90.671       Closure of marina; notices; payments to tenants; 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 duty to maintain rented space, vacant spaces 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” means:

      (a) Abuse between family or household members, as those terms are defined in ORS 107.705; or

      (b) Abuse, as defined in ORS 107.705, between partners in a dating relationship.

      (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 manufactured dwelling park or a marina.

      (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) “Manufactured dwelling park” means 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 charge or fee.

      (25) “Marina” means 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 charge or fee.

      (26) “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.

      (27) “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.

      (28) “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.

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

      (30) “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.

      (31) “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.

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

      (33) “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.

      (34) “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.

      (35) “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.

      (36) “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.

      (37) “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.

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

      (39) “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).

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

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

      (42) “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.

      (43) “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.

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

      (45) “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.

      (46) “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.

      (47) “Victim” means:

      (a) The person against whom an incident related to domestic violence, sexual assault or stalking is perpetrated; or

      (b) The parent or guardian of a minor household member against whom an incident related to domestic violence, sexual assault or stalking is perpetrated, unless the parent or guardian is the perpetrator.

      (48) “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; 2007 c.508 §7; 2007 c.906 §6]

 

      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]

 

      90.113 Additional exclusion from appl