2007 Oregon Code - Chapter 90 :: TITLE 10
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 landlords 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
(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 tenants 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 tenants 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 landlords 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) Landlords 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 months 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)
(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 landlords and the tenants 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 application of chapter. Residence in a Department of Human Services
licensed program, facility or home described in ORS 430.306 to 430.375,
430.380, 430.385, 430.395, 430.397 to 430.401, 430.405 to 430.565, 430.570,
430.590, 443.400 to 443.455, 443.705 to 443.825 or 443.835 is not governed by
this chapter. [2007 c.715 §2]
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 90.465 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 90.465. 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 tenants 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 tenants account or other acknowledgment of the tenants
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]
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 landlords
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 tenants 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
tenants 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 landlords acceptance of a
tenants abandonment or relinquishment of the right to occupy. The landlords
acceptance may be demonstrated by acts of the landlord that are inconsistent
with the existence of the tenancy. A landlords receipt of the keys to the
dwelling unit or a landlords reasonable efforts to mitigate the landlords
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 landlords or tenants telephone
answering device.
(2) Written notice that is personally
delivered to the landlord or tenant, left at the landlords rental office, sent
by facsimile to the landlords residence or rental office or to the tenants
dwelling unit, or attached in a secure manner to the main entrance of the
landlords residence or tenants 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 landlords
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 90.465 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 tenants 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
tenants 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
tenants 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 tenants 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
landlords discretion and expense; and
(G) That the landlord has the right to
terminate the tenants 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 partys 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 tenants 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 nonpayment of rent termination notice 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; 2007
c.906 §32a]
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 tenants 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 premises, preserve the
landlords property from abusive use, or make a fair distribution of services
and facilities held out for the tenants generally;
(b) It is reasonably related to the
purpose for which it is adopted;
(c) It applies to all tenants in the
premises in a fair manner;
(d) It is sufficiently explicit in its
prohibition, direction or limitation of the tenants conduct to fairly inform
the tenant of what the tenant must or must not do to comply;
(e) It is not for the purpose of evading
the obligations of the landlord; and
(f) The tenant has written notice of it at
the time the tenant enters into the rental agreement, or when it is adopted.
(2) If a rule or regulation adopted after
the tenant enters into the rental agreement works a substantial modification of
the bargain, it is not valid unless the tenant consents to it in writing.
(3) If adopted, an occupancy guideline for
a dwelling unit shall not be more restrictive than two people per bedroom and
shall be reasonable. Reasonableness shall be determined on a case-by-case
basis. Factors to be considered in determining reasonableness include, but are
not limited to:
(a) The size of the bedrooms;
(b) The overall size of the dwelling unit;
and
(c) Any discriminatory impact on those
identified in ORS 659A.421.
(4) As used in this section:
(a) Bedroom means a habitable room that:
(A) Is intended to be used primarily for
sleeping purposes;
(B) Contains at least 70 square feet; and
(C) Is configured so as to take the need
for a fire exit into account.
(b) Habitable room means a space in a
structure for living, sleeping, eating or cooking. Bathrooms, toilet
compartments, closets, halls, storage or utility space and similar areas are
not included. [Formerly 90.330]
90.263
Vehicle tags. A landlord may
not require that a tenant display a nonremovable tag, sticker or other device
on a motor vehicle that might reveal or indicate to the public the premises
where the tenant resides. [1999 c.397 §2]
Note: 90.263 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.
90.265
Interest in alternative energy device installed by tenant. (1) An alternative energy device installed
in a dwelling unit by a tenant with the landlords written permission is not a
fixture in which the landlord has a legal interest, except as otherwise
expressly provided in a written agreement between the landlord and tenant.
(2) As a condition to a grant of written
permission referred to in subsection (1) of this section, a landlord may
require a tenant to do one or more of the following:
(a) Provide a waiver of the landlords
liability for any injury to the tenant or other installer resulting from the
tenants or installers negligence in the installation of the alternative
energy device;
(b) Secure a waiver of the right to a lien
against the property of the landlord from each contractor, subcontractor,
laborer and material supplier who would obtain the right to a lien when the
tenant installs or causes the installation of the alternative energy device; or
(c) Post a bond or pay a deposit in an
amount not to exceed the cost of restoring the premises to its condition at the
time of installation of the alternative energy device.
(3) Nothing in this section:
(a) Authorizes the installation of an
alternative energy device in a dwelling unit without the landlords written
permission; or
(b) Limits a landlords right to recover
damages and obtain injunctive relief as provided in ORS 90.401.
(4) As used in this section, alternative
energy device has the meaning given that term in ORS 469.160. [Formerly
91.757; 1993 c.369 §32; 1995 c.559 §57; 1997 c.577 §10; 1999 c.603 §13; 2005
c.22 §60; 2005 c.391 §17]
FEES AND
DEPOSITS
90.295
Applicant screening charge; limitations; notice upon denial of tenancy; refund;
remedies. (1) A landlord may
require payment of an applicant screening charge solely to cover the costs of
obtaining information about an applicant as the landlord processes the
application for a rental agreement. This activity is known as screening, and
includes but is not limited to checking references and obtaining a consumer
credit report or tenant screening report. The landlord must provide the
applicant with a receipt for any applicant screening charge.
(2) The amount of any applicant screening
charge shall not be greater than the landlords average actual cost of
screening applicants. Actual costs may include the cost of using a tenant
screening company or a consumer credit reporting agency, and may include the
reasonable value of any time spent by the landlord or the landlords agents in
otherwise obtaining information on applicants. In any case, the applicant
screening charge may not be greater than the customary amount charged by tenant
screening companies or consumer credit reporting agencies for a comparable
level of screening.
(3) A landlord may not require payment of
an applicant screening charge unless prior to accepting the payment the
landlord:
(a) Adopts written screening or admission
criteria;
(b) Gives written notice to the applicant
of:
(A) The amount of the applicant screening
charge;
(B) The landlords screening or admission
criteria;
(C) The process that the landlord
typically will follow in screening the applicant, including whether the
landlord uses a tenant screening company, credit reports, public records or
criminal records or contacts employers, landlords or other references; and
(D) The applicants rights to dispute the
accuracy of any information provided to the landlord by a screening company or
credit reporting agency; and
(c) Gives actual notice to the applicant
of an estimate, made to the best of the landlords ability at that time, of the
approximate number of rental units of the type, and in the area, sought by the
applicant that are, or within a reasonable future time will be, available to
rent from that landlord. The estimate shall include the approximate number of
applications previously accepted and remaining under consideration for those
units. A good faith error by a landlord in making an estimate under this paragraph
does not provide grounds for a claim under subsection (8) of this section.
(4) Regardless of whether a landlord
requires payment of an applicant screening charge, if a landlord denies an
application for a rental agreement by an applicant and that denial is based in
whole or in part on a tenant screening company or consumer credit reporting
agency report on that applicant, the landlord shall give the applicant actual
notice of that fact at the same time that the landlord notifies the applicant
of the denial. Unless written notice of the name and address of the screening
company or credit reporting agency has previously been given, the landlord
shall promptly give written notice to the applicant of the name and address of
the company or agency that provided the report upon which the denial is based.
(5) Except as provided in subsection (4)
of this section, a landlord need not disclose the results of an applicant
screening or report to an applicant, with respect to information that is not
required to be disclosed under the federal Fair Credit Reporting Act. A
landlord may give to an applicant a copy of that applicants consumer report,
as defined in the Fair Credit Reporting Act.
(6) Unless the applicant agrees otherwise
in writing, a landlord may not require payment of an applicant screening charge
when the landlord knows or should know that no rental units are available at
that time or will be available within a reasonable future time.
(7) If a landlord requires payment of an
applicant screening charge but fills the vacant rental unit before screening
the applicant or does not conduct a screening of the applicant for any reason,
the landlord must refund the applicant screening charge to the applicant within
a reasonable time.
(8) The applicant may recover from the
landlord the amount of any applicant screening charge paid, plus $100, if:
(a) The landlord fails to comply with this
section and does not within a reasonable time accept the applicants
application for a rental agreement; or
(b) The landlord does not conduct a
screening of the applicant for any reason and fails to refund an applicant
screening charge to the applicant within a reasonable time. [1993 c.369 §26;
1995 c.559 §10; 1997 c.577 §11; 1999 c.603 §14]
90.297
Prohibition on charging deposit or fee to enter rental agreement; exceptions;
deposit allowed for securing execution of rental agreement; remedy. (1) Except as provided in ORS 90.295 and in
this section, a landlord may not charge a deposit or fee, however designated,
to an applicant who has applied to a landlord to enter a rental agreement for a
dwelling unit.
(2) A landlord may charge a deposit,
however designated, to an applicant for the purpose of securing the execution
of a rental agreement, after approving the applicants application but prior to
entering into a rental agreement. The landlord must give the applicant a
written statement describing the terms of the agreement to execute a rental
agreement and the conditions for refunding or retaining the deposit.
(a) If a rental agreement is executed, the
landlord shall either apply the deposit toward the moneys due the landlord
under the rental agreement or refund it immediately to the tenant.
(b) If a rental agreement is not executed
due to a failure by the applicant to comply with the agreement to execute, the
landlord may retain the deposit.
(c) If a rental agreement is not executed
due to a failure by the landlord to comply with the agreement to execute,
within four days the landlord shall return the deposit to the applicant either
by making the deposit available to the applicant at the landlords customary
place of business or by mailing the deposit by first class mail to the
applicant.
(3) If a landlord fails to comply with
this section, the applicant or tenant, as the case may be, may recover from the
landlord the amount of any fee or deposit charged, plus $100. [1995 c.559 §11;
2001 c.596 §30]
90.300
Security deposits; prepaid rent. (1) As used in this section, security deposit includes any last
months rent deposit.
(2) Except as otherwise provided in this
section, a landlord may require the payment of a security deposit. A security
deposit or prepaid rent shall be held by the landlord for the tenant who is a
party to the rental agreement. The claim of a tenant to the security deposit or
prepaid rent shall be prior to the claim of any creditor of the landlord,
including a trustee in bankruptcy. The holder of the landlords interest in the
premises at the time of termination of the tenancy is responsible to the tenant
for any security deposit or prepaid rent and is bound by this section.
(3)(a) A landlord may not change the
rental agreement to require the payment of a new or increased security deposit
during the first year after the tenancy has begun, except that an additional
deposit may be required if the landlord and tenant agree to modify the terms
and conditions of the rental agreement to permit a pet or for other cause and
the additional deposit relates to that modification. This paragraph does not
prevent the collection of a security deposit that was provided for under an
initial rental agreement but remained unpaid at the time the tenancy began.
(b) If a landlord requires a new or
increased security deposit after the first year of the tenancy, the landlord
shall allow the tenant at least three months to pay that deposit.
(4) The landlord may claim all or part of
the security deposit only if the security deposit was made for any or all of
the purposes provided by subsection (5) of this section.
(5) The landlord may claim from the
security deposit only the amount reasonably necessary:
(a) To remedy the tenants defaults in the
performance of the rental agreement including, but not limited to, unpaid rent;
and
(b) To repair damages to the premises
caused by the tenant, not including ordinary wear and tear.
(6) A landlord may not require that a
security deposit or prepaid rent be required or forfeited to the landlord upon
the failure of the tenant to maintain a tenancy for a minimum number of months
in a month-to-month tenancy.
(7) Any last months rent deposit must be
applied to the rent due for the last month of the tenancy:
(a) Upon either the landlord or tenant
giving to the other a notice of termination, pursuant to this chapter, other
than a notice of termination under ORS 90.394;
(b) Upon agreement by the landlord and
tenant to terminate the tenancy; or
(c) Upon termination pursuant to the
provisions of a written rental agreement for a term tenancy.
(8) Any portion of a last months rent
deposit not applied as provided under subsection (7) of this section shall be
accounted for and refunded as provided under subsections (10) to (12) of this
section. Unless the tenant and landlord agree otherwise, a last months rent
deposit shall not be applied to rent due for any period other than the last
month of the tenancy. A last months rent deposit shall not operate to limit
the amount of rent charged unless a written rental agreement provides
otherwise.
(9) Upon termination of the tenancy, a
landlord shall account for and refund to the tenant the unused balance of any
prepaid rent not previously refunded to the tenant as required by ORS 90.380
and 105.120 (5)(b) or any other provision of this chapter, in the same manner
as required for security deposits by this section. The landlord may claim from
the remaining prepaid rent only the amount reasonably necessary to pay the
tenants unpaid rent.
(10) In order to claim all or part of any
prepaid rent or security deposit, within 31 days after the termination of the
tenancy and delivery of possession the landlord shall give to the tenant a
written accounting that states specifically the basis or bases of the claim.
The landlord shall give a separate accounting for security deposits and for
prepaid rent.
(11) The security deposit or prepaid rent
or portion thereof not claimed in the manner provided by subsections (9) and
(10) of this section shall be returned to the tenant not later than 31 days
after the termination of the tenancy and delivery of possession to the landlord.
(12) The landlord shall give the written
accounting as required by subsection (10) of this section or shall return the
security deposit or prepaid rent as required by subsection (11) of this section
by personal delivery or by first class mail.
(13) If a security deposit or prepaid rent
secures a tenancy for a space for a tenant owned and occupied manufactured
dwelling or floating home, whether or not in a facility, and the dwelling or
home is abandoned as described in ORS 90.425 (2) or 90.675 (2), the 31-day
period described in subsections (10) and (11) of this section commences on the
earliest of:
(a) Waiver of the abandoned property
process under ORS 90.425 (25) or 90.675 (22);
(b) Removal of the manufactured dwelling
or floating home from the rented space;
(c) Destruction or other disposition of
the manufactured dwelling or floating home under ORS 90.425 (10)(b) or 90.675
(10)(b); or
(d)
(14) If the landlord fails to comply with
subsection (11) of this section or if the landlord in bad faith fails to return
all or any portion of any prepaid rent or security deposit due to the tenant
under this chapter or the rental agreement, the tenant may recover the money
due in an amount equal to twice the amount:
(a) Withheld without a written accounting
under subsection (10) of this section; or
(b) Withheld in bad faith.
(15)(a) A security deposit or prepaid rent
in the possession of the landlord is not garnishable property, as provided in
ORS 18.618.
(b) If a security deposit or prepaid rent
is delivered to a garnishor in violation of ORS 18.618 (1)(b), the landlord
that delivered the security deposit or prepaid rent to the garnishor shall
allow the tenant at least 30 days after a copy of the garnishee response
required by ORS 18.680 is delivered to the tenant under ORS 18.690 to restore
the security deposit or prepaid rent. If the tenant fails to restore a security
deposit or prepaid rent under the provisions of this paragraph before the
tenancy terminates, and the landlord retains no security deposit or prepaid
rent from the tenant after the garnishment, the landlord is not required to
refund or account for the security deposit or prepaid rent under subsection (9)
of this section.
(16) This section does not preclude the
landlord or tenant from recovering other damages under this chapter. [Formerly
91.760; 1993 c.369 §4; 1995 c.559 §12; 1997 c.577 §13; 1999 c.603 §15; 2001
c.596 §31; 2003 c.658 §3; 2005 c.391 §3; 2007 c.496 §7; 2007 c.906 §37]
90.302
Fees allowed for certain landlord expenses; accounting not required. (1) Except as specifically provided
otherwise in this chapter, a landlord may require the payment of a fee, if the
fee is related to and designated as being charged for a specific reasonably
anticipated landlord expense. A landlord shall provide a receipt for the fee,
and the receipt or a written rental agreement shall describe the anticipated
landlord expense to be covered by the fee and describe the landlords duties
under subsection (4) of this section.
(2) Except as provided in subsection (3)
of this section, a landlord may not charge a fee more than once, at the
beginning of or during the tenancy.
(3) A landlord may charge a fee more than once,
at the beginning of or during the tenancy, for:
(a) A late rent payment, pursuant to ORS
90.260;
(b) A dishonored check, pursuant to ORS
30.701 (5);
(c) Removal or tampering with a properly
functioning smoke alarm or smoke detector, as provided in ORS 90.325 (7), if a
written rental agreement provides for a fee for that removal or tampering; and
(d) Any other noncompliance by the tenant
with a written rental agreement that provides for a fee for that noncompliance,
provided that the fee may not be excessive.
(4) A landlord may not be required to
account for or return to the tenant any fee. Upon termination of a tenancy and
delivery of possession, a landlord shall first apply any fee to the related
landlord expense as reasonably assessed against the tenant, before applying the
tenants security deposit, if any, to that expense.
(5) Nonpayment of a fee 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).
(6) This section does not apply to
attorney fees awarded pursuant to ORS 90.255 or to applicant screening charges
paid pursuant to ORS 90.295. [1995 c.559 §13; 1997 c.577 §14; 1999 c.307 §19;
1999 c.603 §16; 2005 c.391 §18]
LANDLORD
RIGHTS AND OBLIGATIONS
90.304
Statement of reasons for denial; remedy for noncompliance. (1) If a landlord requires an applicant to
pay an applicant screening charge and the application is denied, or if an
applicant makes a written request following the landlords denial of an
application, the landlord must promptly provide the applicant with a written
statement of one or more reasons for the denial.
(2) The landlords statement of reasons
for denial required by subsection (1) of this section may consist of a form
with one or more reasons checked off. The reasons may include, but are not
limited to, the following:
(a) Rental information, including:
(A) Negative or insufficient reports from
references or other sources.
(B) An unacceptable or insufficient rental
history, such as the lack of a reference from a prior landlord.
(C) A prior action for possession under
ORS 105.105 to 105.168 that resulted in a general judgment for the plaintiff or
an action for possession that has not yet resulted in dismissal or general
judgment.
(D) Inability to verify information
regarding a rental history.
(b) Criminal records, including:
(A) An unacceptable criminal history.
(B) Inability to verify information
regarding criminal history.
(c) Financial information, including:
(A) Insufficient income.
(B) Negative information provided by a
consumer credit reporting agency.
(C) Inability to verify information
regarding credit history.
(d) Failure to meet other written
screening or admission criteria.
(e) The dwelling unit has already been
rented.
(3) If a landlord fails to comply with
this section, the applicant may recover from the landlord $100. [2005 c.391 §31]
90.305
Disclosure of certain matters; retention of rental agreement; inspection of
agreement. (1) The landlord
shall disclose to the tenant in writing at or before the commencement of the
tenancy the name and address of:
(a) The person authorized to manage the
premises; and
(b) An owner of the premises or a person
authorized to act for and on behalf of the owner for the purpose of service of
process and receiving and receipting for notices and demands.
(2) The information required to be
furnished by this section shall be kept current and this section extends to and
is enforceable against any successor landlord, owner or manager.
(3) A person who is authorized to manage
the premises, or to enter into a rental agreement, and fails to comply with
subsection (1) of this section becomes an agent of each person who is a
landlord for service of process and receiving and receipting for notices and
demands.
(4)(a) A landlord shall retain a copy of
each rental agreement at the resident managers office or at the address
provided to the tenant under subsection (1)(a) of this section.
(b) A tenant may request to see the rental
agreement and, within a reasonable time, the landlord shall make the agreement
available for inspection. At the request of the tenant and upon payment of a
reasonable charge, not to exceed the lesser of 25 cents per page or the actual
copying costs, the landlord shall provide the tenant with a copy of the rental
agreement. This subsection shall not diminish the landlords obligation to
furnish the tenant an initial copy of the rental agreement and any amendments
under ORS 90.220 (3). [Formerly 91.765; 1993 c.369 §5; 1999 c.603 §17; 2003
c.378 §11]
90.310
Disclosure of legal proceedings; tenant remedies for failure to disclose;
liability of manager. (1) If
at the time of the execution of a rental agreement for a dwelling unit in
premises containing no more than four dwelling units the premises are subject
to any of the following circumstances, the landlord shall disclose that
circumstance to the tenant in writing before the execution of the rental
agreement:
(a) Any outstanding notice of default
under a trust deed, mortgage or contract of sale, or notice of trustees sale
under a trust deed;
(b) Any pending suit to foreclose a
mortgage, trust deed or vendors lien under a contract of sale;
(c) Any pending declaration of forfeiture
or suit for specific performance of a contract of sale; or
(d) Any pending proceeding to foreclose a
tax lien.
(2) If the tenant moves as a result of a
circumstance that the landlord failed to disclose as required by subsection (1)
of this section, the tenant may recover twice the actual damages or twice the
monthly rent, whichever is greater, and all prepaid rent, in addition to any
other remedy that the law may provide.
(3) This section shall not apply to
premises managed by a court appointed receiver.
(4) A manager who has complied with ORS
90.305 shall not be liable for damages under this section if the manager had no
knowledge of the circumstances that gave rise to a duty of disclosure under
subsection (1) of this section. [Formerly 91.766; 1997 c.249 §31]
90.315
Utility or service payments; additional charges; responsibility for utility or
service; remedies. (1) As
used in this section, utility or service includes but is not limited to
electricity, natural or liquid propane gas, oil, water, hot water, heat, air
conditioning, cable television, direct satellite or other video subscription
service, Internet access or usage, sewer service and garbage collection and
disposal.
(2) The landlord shall disclose to the
tenant in writing at or before the commencement of the tenancy any utility or
service that the tenant pays directly to a utility or service provider that
benefits, directly, the landlord or other tenants. A tenants payment for a
given utility or service benefits the landlord or other tenants if the utility
or service is delivered to any area other than the tenants dwelling unit.
(3) If the landlord knowingly fails to
disclose those matters required under subsection (2) of this section, the
tenant may recover twice the actual damages sustained or one months rent,
whichever is greater.
(4)(a) Except for tenancies covered by ORS
90.505 to 90.840, if a written rental agreement so provides, a landlord may
require a tenant to pay to the landlord a utility or service charge that has
been billed by a utility or service provider to the landlord for utility or
service provided directly to the tenants dwelling unit or to a common area
available to the tenant as part of the tenancy. A utility or service charge
that shall be assessed to a tenant for a common area must be described in the
written rental agreement separately and distinctly from such a charge for the
tenants dwelling unit. Unless the method of allocating the charges to the
tenant is described in the tenants written rental agreement, the tenant may
require that the landlord give the tenant a copy of the providers bill as a
condition of paying the charges.
(b) A utility or service charge shall
include only the value or cost of the utility or service as billed to the
landlord by the provider as described in this subsection, except that a
landlord may add an additional amount to that value or cost if:
(A) The utility or service charge to which
the additional amount is added is for cable television, direct satellite or
other video subscription service or for Internet access or usage;
(B) The additional amount added to the
utility or service charge of each tenant is not more than 10 percent of the
charge to that tenant for cable television, direct satellite or other video
subscription service or Internet access or usage;
(C) The total of the utility or service
charge plus the additional amount is less than the typical periodic cost that
the tenant would incur if the tenant contracted for the cable television,
direct satellite or other video subscription service or the Internet access or
usage directly with the provider; and
(D) The written rental agreement providing
for the utility or service charge describes the additional amount separately
and distinctly from the charge itself and any bill or notice from the landlord
to the tenant regarding the charge lists the additional amount separately and
distinctly from the utility or service charge.
(c) A landlord may not require an existing
tenant to modify a rental agreement, or terminate the tenancy of the tenant for
refusing to modify a rental agreement, to obligate the tenant to pay an
additional amount for cable television, direct satellite or other video
subscription service or Internet access or usage as provided in paragraph (b)
of this subsection.
(d) A utility or service charge, including
any additional amount added pursuant to paragraph (b) of this subsection, is
not rent or a fee. Nonpayment of a utility or service charge 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.
(e) If a landlord fails to comply with
paragraph (a), (b) or (c) of this subsection, the tenant may recover from the
landlord an amount equal to one months periodic rent or twice the amount
wrongfully charged to the tenant, whichever is greater.
(5)(a) If a tenant, under the rental
agreement, is responsible for a utility or service and is unable to obtain the
service prior to moving into the premises due to a nonpayment of an outstanding
amount due by a previous tenant or the owner, the tenant may either:
(A) Pay the outstanding amount and deduct
the amount from the rent;
(B) Enter into a mutual agreement with the
landlord to resolve the lack of service; or
(C) Immediately terminate the rental
agreement by giving the landlord actual notice and the reason for the
termination.
(b) If the tenancy terminates, the
landlord shall return all moneys paid by the tenant as deposits, rent or fees
within four days after termination.
(6) If a tenant, under the rental
agreement, is responsible for a utility or service and is unable to obtain the
service after moving into the premises due to a nonpayment of an outstanding
amount due by a previous tenant or the owner, the tenant may either:
(a) Pay the outstanding amount and deduct
the amount from the rent; or
(b) Terminate the rental agreement by
giving the landlord actual notice 72 hours prior to the date of termination and
the reason for the termination. The tenancy does not terminate if the landlord
restores service or the availability of service during the 72 hours. If the
tenancy terminates, the tenant may recover actual damages from the landlord
resulting from the shutoff and the landlord shall return:
(A) Within four days after termination,
all rent and fees; and
(B) All of the security deposit owed to
the tenant under ORS 90.300.
(7) If a landlord, under the rental
agreement, is responsible for a utility or service and the utility or service is
shut off due to a nonpayment of an outstanding amount, the tenant may either:
(a) Pay the outstanding balance and deduct
the amount from the rent; or
(b) Terminate the rental agreement by
giving the landlord actual notice 72 hours prior to the date of termination and
the reason for the termination. The tenancy does not terminate if the landlord
restores service during the 72 hours. If the tenancy terminates, the tenant may
recover actual damages from the landlord resulting from the shutoff and the landlord
shall return:
(A) Within four days after termination,
all rent prepaid for the month in which the termination occurs prorated from
the date of termination or the date the tenant vacates the premises, whichever
is later, and any other prepaid rent; and
(B) All of the security deposit owed to
the tenant under ORS 90.300.
(8) If a landlord fails to return to the
tenant the moneys owed as provided in subsection (5), (6) or (7) of this
section, the tenant shall be entitled to twice the amount wrongfully withheld.
(9) This section does not preclude the
tenant from pursuing any other remedies under this chapter. [Formerly 91.767;
1993 c.786 §2; 1995 c.559 §14; 1997 c.577 §16; 1999 c.603 §18; 2005 c.391 §19]
90.318
Criteria for landlord provision of certain recycling services. (1) In a city or the county within the urban
growth boundary of a city that has implemented multifamily recycling service, a
landlord who has five or more residential dwelling units on a single premises
or five or more manufactured dwellings in a single facility shall at all times
during tenancy provide to all tenants:
(a) A separate location for containers or
depots for at least four principal recyclable materials or for the number of
materials required to be collected under the residential on-route collection
program, whichever is less, adequate to hold the reasonably anticipated volume
of each material;
(b) Regular collection service of the
source separated recyclable materials; and
(c) Notice at least once a year of the
opportunity to recycle with a description of the location of the containers or
depots on the premises and information about how to recycle. New tenants shall
be notified of the opportunity to recycle at the time of entering into a rental
agreement.
(2) As used in this section, recyclable
material and source separate have the meaning given those terms in ORS
459.005. [1991 c.385 §16]
90.320
Landlord to maintain premises in habitable condition; agreement with tenant to
maintain premises. (1) A
landlord shall at all times during the tenancy maintain the dwelling unit in a
habitable condition. For purposes of this section, a dwelling unit shall be
considered unhabitable if it substantially lacks:
(a) Effective waterproofing and weather
protection of roof and exterior walls, including windows and doors;
(b) Plumbing facilities which conform to
applicable law in effect at the time of installation, and maintained in good
working order;
(c) A water supply approved under
applicable law, which is:
(A) Under the control of the tenant or
landlord and is capable of producing hot and cold running water;
(B) Furnished to appropriate fixtures;
(C) Connected to a sewage disposal system
approved under applicable law; and
(D) Maintained so as to provide safe
drinking water and to be in good working order to the extent that the system
can be controlled by the landlord;
(d) Adequate heating facilities which
conform to applicable law at the time of installation and maintained in good
working order;
(e) Electrical lighting with wiring and
electrical equipment which conform to applicable law at the time of
installation and maintained in good working order;
(f) Buildings, grounds and appurtenances
at the time of the commencement of the rental agreement in every part safe for
normal and reasonably foreseeable uses, clean, sanitary and free from all
accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all
areas under control of the landlord kept in every part safe for normal and
reasonably foreseeable uses, clean, sanitary and free from all accumulations of
debris, filth, rubbish, garbage, rodents and vermin;
(g) Except as otherwise provided by local
ordinance or by written agreement between the landlord and the tenant, an
adequate number of appropriate receptacles for garbage and rubbish in clean
condition and good repair at the time of the commencement of the rental
agreement, and the landlord shall provide and maintain appropriate serviceable
receptacles thereafter and arrange for their removal;
(h) Floors, walls, ceilings, stairways and
railings maintained in good repair;
(i) Ventilating, air conditioning and
other facilities and appliances, including elevators, maintained in good repair
if supplied or required to be supplied by the landlord;
(j) Safety from fire hazards, including a
working smoke alarm or smoke detector, with working batteries if solely
battery-operated, provided only at the beginning of any new tenancy when the
tenant first takes possession of the premises, as provided in ORS 479.270, but
not to include the tenants testing of the smoke alarm or smoke detector as
provided in ORS 90.325 (6); or
(k) Working locks for all dwelling
entrance doors, and, unless contrary to applicable law, latches for all
windows, by which access may be had to that portion of the premises which the
tenant is entitled under the rental agreement to occupy to the exclusion of
others and keys for such locks which require keys.
(2) The landlord and tenant may agree in
writing that the tenant is to perform specified repairs, maintenance tasks and
minor remodeling only if:
(a) The agreement of the parties is
entered into in good faith and not for the purpose of evading the obligations
of the landlord;
(b) The agreement does not diminish the
obligations of the landlord to other tenants in the premises; and
(c) The terms and conditions of the
agreement are clearly and fairly disclosed and adequate consideration for the
agreement is specifically stated.
(3) Any provisions of this section that
reasonably apply only to a structure that is used as a home, residence or
sleeping place shall not apply to a manufactured dwelling, recreational vehicle
or floating home where the tenant owns the manufactured dwelling, recreational
vehicle or floating home, rents the space and, in the case of a dwelling or
home, the space is not in a facility. Manufactured dwelling or floating home
tenancies in which the tenant owns the dwelling or home and rents space in a
facility shall be governed by ORS 90.730, not by this section. [Formerly 91.770;
1993 c.369 §6; 1995 c.559 §15; 1997 c.249 §32; 1997 c.577 §17; 1999 c.307 §20;
1999 c.676 §11]
90.322
Landlord or agent access to premises; remedies. (1) A landlord or, to the extent provided in
this section, a landlords agent may enter into the tenants dwelling unit or
any portion of the premises under the tenants exclusive control in order to
inspect the premises, make necessary or agreed repairs, decorations,
alterations or improvements, supply necessary or agreed services, perform
agreed yard maintenance or grounds keeping or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers or contractors.
The right of access of the landlord or landlords agent is limited as follows:
(a) A landlord or landlords agent may
enter upon the premises under the tenants exclusive control not including the
dwelling unit without consent of the tenant and without notice to the tenant,
for the purpose of serving notices required or permitted under this chapter,
the rental agreement or any provision of applicable law.
(b) In case of an emergency, a landlord
may enter the dwelling unit or any portion of the premises under a tenants
exclusive control without consent of the tenant, without notice to the tenant
and at any time. Emergency includes but is not limited to a repair problem
that, unless remedied immediately, is likely to cause serious damage to the
premises. If a landlord makes an emergency entry in the tenants absence, the
landlord shall give the tenant actual notice within 24 hours after the entry,
and the notice shall include the fact of the entry, the date and time of the
entry, the nature of the emergency and the names of the persons who entered.
(c) If the tenant requests repairs or
maintenance in writing, the landlord or landlords agent, without further
notice, may enter upon demand, in the tenants absence or without the tenants
consent, for the purpose of making the requested repairs until the repairs are
completed. The tenants written request may specify allowable times. Otherwise,
the entry must be at a reasonable time. The authorization to enter provided by
the tenants written request expires after seven days, unless the repairs are
in progress and the landlord or landlords agent is making a reasonable effort
to complete the repairs in a timely manner. If the person entering to do the
repairs is not the landlord, upon request of the tenant, the person must show
the tenant written evidence from the landlord authorizing that person to act
for the landlord in making the repairs.
(d) A landlord and tenant may agree that
the landlord or the landlords agent may enter the dwelling unit and the
premises without notice at reasonable times for the purpose of showing the
premises to a prospective buyer, provided that the agreement:
(A) Is executed at a time when the
landlord is actively engaged in attempts to sell the premises;
(B) Is reflected in a writing separate
from the rental agreement and signed by both parties; and
(C) Is supported by separate consideration
recited in the agreement.
(e)(A) If a written agreement requires the
landlord to perform yard maintenance or grounds keeping for the premises:
(i) A landlord and tenant may agree that
the landlord or landlords agent may enter for that purpose upon the premises
under the tenants exclusive control not including the dwelling unit, without
notice to the tenant, at reasonable times and with reasonable frequency. The
terms of the right of entry must be described in the rental agreement or in a
separate written agreement.
(ii) A tenant may deny consent for a
landlord or landlords agent to enter upon the premises pursuant to this
paragraph if the entry is at an unreasonable time or with unreasonable
frequency. The tenant must assert the denial by giving actual notice of the
denial to the landlord or landlords agent prior to, or at the time of, the
attempted entry.
(B) As used in this paragraph:
(i) Yard maintenance or grounds keeping
includes, but is not limited to, weeding, mowing grass and pruning trees and
shrubs.
(ii) Unreasonable time refers to a time
of day, day of the week or particular time that conflicts with the tenants
reasonable and specific plans to use the premises.
(f) In all other cases, unless there is an
agreement between the landlord and the tenant to the contrary regarding a
specific entry, the landlord shall give the tenant at least 24 hours actual
notice of the intent of the landlord to enter and the landlord or landlords
agent may enter only at reasonable times. The landlord or landlords agent may
not enter if the tenant, after receiving the landlords notice, denies consent
to enter. The tenant must assert this denial of consent by giving actual notice
of the denial to the landlord or the landlords agent or by attaching a written
notice of the denial in a secure manner to the main entrance to that portion of
the premises or dwelling unit of which the tenant has exclusive control, prior
to or at the time of the attempt by the landlord or landlords agent to enter.
(2) A landlord may not abuse the right of
access or use it to harass the tenant. A tenant may not unreasonably withhold
consent from the landlord to enter.
(3) This section does not apply to
tenancies consisting of a rental of space in a facility for a manufactured dwelling
or floating home under ORS 90.505 to 90.840.
(4) If a tenancy consists of rented space
for a manufactured dwelling or floating home that is owned by the tenant, but
the tenancy is not subject to ORS 90.505 to 90.840 because the space is not in
a facility, this section shall allow access only to the rented space and not to
the dwelling or home.
(5) A landlord has no other right of
access except:
(a) Pursuant to court order;
(b) As permitted by ORS 90.410 (2); or
(c) When the tenant has abandoned or
relinquished the premises.
(6) If a landlord is required by a
governmental agency to enter a dwelling unit or any portion of the premises
under a tenants exclusive control, but the landlord fails to gain entry after
a good faith effort in compliance with this section, the landlord may not be
found in violation of any state statute or local ordinance due to the failure.
(7) If the tenant refuses to allow lawful
access, the landlord may obtain injunctive relief to compel access or may
terminate the rental agreement under ORS 90.392 and take possession as provided
in ORS 105.105 to 105.168. In addition, the landlord may recover actual
damages.
(8) If the landlord makes an unlawful
entry or a lawful entry in an unreasonable manner or makes repeated demands for
entry otherwise lawful but that have the effect of unreasonably harassing the
tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of
the conduct or may terminate the rental agreement pursuant to ORS 90.360 (1).
In addition, the tenant may recover actual damages not less than an amount
equal to one weeks rent in the case of a week-to-week tenancy or one months
rent in all other cases. [Formerly 90.335; 1997 c.577 §18; 1999 c.603 §19; 1999
c.676 §12; 2005 c.391 §20]
TENANT OBLIGATIONS
90.325
Tenant duties. The tenant
shall:
(1) Use the parts of the premises
including the living room, bedroom, kitchen, bathroom and dining room in a
reasonable manner considering the purposes for which they were designed and
intended;
(2) Keep all areas of the premises under
control of the tenant in every part as clean, sanitary and free from all
accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the
condition of the premises permits and to the extent that the tenant is responsible
for causing the problem. The tenant shall cooperate to a reasonable extent in
assisting the landlord in any reasonable effort to remedy the problem;
(3) Dispose from the dwelling unit all
ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With
regard to needles, syringes and other infectious waste, as defined in ORS
459.386, the tenant may not dispose of these items by placing them in garbage
receptacles or in any other place or manner except as authorized by state and local
governmental agencies;
(4) Keep all plumbing fixtures in the
dwelling unit or used by the tenant as clean as their condition permits;
(5) Use in a reasonable manner all
electrical, plumbing, sanitary, heating, ventilating, air conditioning and
other facilities and appliances including elevators in the premises;
(6) Test at least once every six months
and replace batteries as needed in any smoke alarm or smoke detector provided
by the landlord and notify the landlord in writing of any operating deficiencies
as described in ORS 479.275;
(7) Not remove or tamper with a properly
functioning smoke alarm or smoke detector, including removing any working
batteries, as provided in ORS 479.300;
(8) Not deliberately or negligently
destroy, deface, damage, impair or remove any part of the premises or knowingly
permit any person to do so; and
(9) Behave and require other persons on
the premises with the consent of the tenant to behave in a manner that will not
disturb the peaceful enjoyment of the premises by neighbors. [Formerly 91.775;
1993 c.369 §7; 1995 c.559 §16; 1999 c.307 §21; 1999 c.603 §20]
90.330 [Formerly 91.780; 1991 c.852 §1; 1995 c.559 §17;
renumbered 90.262 in 1995]
90.335 [Formerly 91.785; 1995 c.559 §18; renumbered
90.322 in 1995]
90.340
Occupancy of premises as dwelling unit only; notice of tenant absence. Unless otherwise agreed, the tenant shall
occupy the dwelling unit only as a dwelling unit. The rental agreement may
require that the tenant give actual notice to the landlord of any anticipated
extended absence from the premises in excess of seven days no later than the
first day of the extended absence. [Formerly 91.790; 1995 c.559 §19]
TENANT
REMEDIES
90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain
premises; generally. (1)(a)
Except as provided in this chapter, if there is a material noncompliance by the
landlord with the rental agreement or a noncompliance with ORS 90.320 or
90.730, the tenant may deliver a written notice to the landlord specifying the
acts and omissions constituting the breach and that the rental agreement will
terminate upon a date not less than 30 days after delivery of the notice if the
breach is not remedied in seven days in the case of an essential service or 30
days in all other cases, and the rental agreement shall terminate as provided
in the notice subject to paragraphs (b) and (c) of this subsection. However, in
the case of a week-to-week tenancy, the rental agreement will terminate upon a
date not less than seven days after delivery of the notice if the breach is not
remedied.
(b) If the breach is remediable by
repairs, the payment of damages or otherwise and if the landlord adequately
remedies the breach before the date specified in the notice, the rental
agreement shall not terminate by reason of the breach.
(c) If substantially the same act or
omission that constituted a prior noncompliance of which notice was given
recurs within six months, the tenant may terminate the rental agreement upon at
least 14 days written notice specifying the breach and the date of termination
of the rental agreement. However, in the case of a week-to-week tenancy, the
tenant may terminate the rental agreement upon at least seven days written
notice specifying the breach and date of termination of the rental agreement.
(2) Except as provided in this chapter,
the tenant may recover damages and obtain injunctive relief for any
noncompliance by the landlord with the rental agreement or ORS 90.320 or
90.730. The tenant shall not be entitled to recover damages for a landlord
noncompliance with ORS 90.320 or 90.730 if the landlord neither knew nor
reasonably should have known of the condition that constituted the
noncompliance and:
(a) The tenant knew or reasonably should
have known of the condition and failed to give actual notice to the landlord in
a reasonable time prior to the occurrence of the personal injury, damage to
personal property, diminution in rental value or other tenant loss resulting
from the noncompliance; or
(b) The condition was caused after the
tenancy began by the deliberate or negligent act or omission of someone other
than the landlord or a person acting on behalf of the landlord.
(3) The remedy provided in subsection (2)
of this section is in addition to any right of the tenant arising under
subsection (1) of this section.
(4) The tenant may not terminate or
recover damages under this section for a condition caused by the deliberate or
negligent act or omission of the tenant or other person on the premises with
the tenants permission or consent.
(5) If the rental agreement is terminated,
the landlord shall return all security deposits and prepaid rent recoverable by
the tenant under ORS 90.300. [Formerly 91.800; 1993 c.369 §8; 1995 c.559 §20;
1997 c.577 §19; 1999 c.603 §21; 1999 c.676 §13]
90.365
Failure of landlord to supply essential services; remedies. (1) If contrary to the rental agreement or
ORS 90.320 or 90.730 the landlord intentionally or negligently fails to supply
any essential service, the tenant may give written notice to the landlord
specifying the breach and that the tenant may seek substitute services,
diminution in rent damages or substitute housing. After allowing the landlord a
reasonable time and reasonable access under the circumstances to supply the
essential service, the tenant may:
(a) Procure reasonable amounts of the
essential service during the period of the landlords noncompliance and deduct
their actual and reasonable cost from the rent;
(b) Recover damages based upon the
diminution in the fair rental value of the dwelling unit; or
(c) If the failure to supply an essential
service makes the dwelling unit unsafe or unfit to occupy, procure substitute
housing during the period of the landlords noncompliance, in which case the
tenant is excused from paying rent for the period of the landlords
noncompliance. In addition, the tenant may recover as damages from the landlord
the actual and reasonable cost or fair and reasonable value of comparable
substitute housing in excess of the rent for the dwelling unit. For purposes of
this paragraph, substitute housing is comparable if it is of a quality that is
similar to or less than the quality of the dwelling unit with regard to basic
elements including cooking and refrigeration services and, if warranted, upon
consideration of factors such as location in the same area as the dwelling
unit, the availability of substitute housing in the area and the expense
relative to the range of choices for substitute housing in the area. A tenant
may choose substitute housing of relatively greater quality, but the tenants
damages shall be limited to the cost or value of comparable substitute housing.
(2) If contrary to the rental agreement or
ORS 90.320 or 90.730 the landlord fails to supply any essential service, the
lack of which poses an imminent and serious threat to the tenants health,
safety or property, the tenant may give written notice to the landlord
specifying the breach and that the rental agreement shall terminate in not less
than 48 hours unless the breach is remedied within that period. If the landlord
adequately remedies the breach before the end of the notice period, the rental
agreement shall not terminate by reason of the breach. As used in this
subsection, imminent and serious threat to the tenants health, safety or
property shall not include the presence of radon, asbestos or lead-based paint
or the future risk of flooding or seismic hazard, as defined by ORS 455.447.
(3) For purposes of subsection (1) of this
section, a landlord shall not be considered to be intentionally or negligently
failing to supply an essential service if:
(a) The landlord substantially supplies
the essential service; or
(b) The landlord is making a reasonable
and good faith effort to supply the essential service and the failure is due to
conditions beyond the landlords control.
(4) This section does not require a
landlord to supply a cooking appliance or a refrigerator if the landlord did
not supply or agree to supply a cooking appliance or refrigerator to the
tenant.
(5) If the tenant proceeds under this
section, the tenant may not proceed under ORS 90.360 (1) as to that breach.
(6) Rights of the tenant under this
section do not arise if the condition was caused by the deliberate or negligent
act or omission of the tenant or a person on the premises with the tenants
consent.
(7) Service or delivery of actual or
written notice shall be as provided by ORS 90.150 and 90.155, including the
addition of three days to the notice period if written notice is delivered by
first class mail.
(8) Any provisions of this section that
reasonably apply only to a structure that is used as a home, residence or
sleeping place does not apply to a manufactured dwelling, recreational vehicle
or floating home if the tenant owns the manufactured dwelling, recreational
vehicle or floating home and rents the space. [Formerly 91.805; 1995 c.559 §21;
1997 c.577 §20; 1999 c.603 §22; 1999 c.676 §14; 2007 c.508 §8]
90.368
Repair of minor habitability defect. (1) As used in this section, minor habitability defect:
(a) Means a defect that may reasonably be
repaired for not more than $300, such as the repair of leaky plumbing, stopped
up toilets or faulty light switches.
(b) Does not mean the presence of mold,
radon, asbestos or lead-based paint.
(2) If, contrary to ORS 90.320, the
landlord fails to repair a minor habitability defect, the tenant may cause the
repair of the defect and deduct from the tenants subsequent rent obligation
the actual and reasonable cost of the repair work, not to exceed $300.
(3)(a) Prior to causing a repair under
subsection (2) of this section, the tenant shall give the landlord written
notice:
(A) Describing the minor habitability
defect; and
(B) Stating the tenants intention to
cause the repair of the defect and deduct the cost of the repair from a
subsequent rent obligation if the landlord fails to make the repair by a
specified date.
(b) The specified date for repair
contained in a written notice given to a landlord under this subsection must be
at least seven days after the date the notice is given to the landlord.
(c) If the landlord fails to make the
repair by the specified date, the tenant may use the remedy provided by
subsection (2) of this section.
(d) Service or delivery of the required
written notice shall be made as provided under ORS 90.155.
(4)(a) Any repair work performed under
this section must be performed in a workmanlike manner and be in compliance
with state statutes, local ordinances and the state building code.
(b) The landlord may specify the people to
perform the repair work if the landlords specifications are reasonable and do
not diminish the tenants rights under this section.
(c) The tenant may not perform work to
repair the defect.
(d) To deduct the repair cost from the rent,
the tenant must provide to the landlord a written statement, prepared by the
person who made the repair, showing the actual cost of the repair.
(5) A tenant may not cause the repair of a
defect under this section if:
(a) Within the time specified in the
notice, the landlord substantially repairs the defect;
(b) After the time specified in the
notice, but before the tenant causes the repair to be made, the landlord
substantially repairs the defect;
(c) The tenant has prevented the landlord
from making the repair;
(d) The defect was caused by a deliberate
or negligent act or omission of the tenant or of a person on the premises with
the tenants consent;
(e) The tenant knew of the defect for more
than six months before giving notice under this section; or
(f) The tenant has previously used the
remedy provided by this section for the same occurrence of the defect.
(6) If the tenant proceeds under this
section, the tenant may not proceed under ORS 90.360 (1) as to that breach, but
may use any other available remedy in addition to the remedy provided by this
section. [2007 c.508 §2]
90.370
Tenant counterclaims in action by landlord for possession or rent. (1)(a) In an action for possession based
upon nonpayment of the rent or in an action for rent when the tenant is in
possession, the tenant may counterclaim for any amount, not in excess of the
jurisdictional limits of the court in which the action is brought, that the
tenant may recover under the rental agreement or this chapter, provided that
the tenant must prove that prior to the filing of the landlords action the
landlord reasonably had or should have had knowledge or had received actual
notice of the facts that constitute the tenants counterclaim.
(b) In the event the tenant counterclaims,
the court at the landlords or tenants request may order the tenant to pay
into court all or part of the rent accrued and thereafter accruing, and shall
determine the amount due to each party. The party to whom a net amount is owed
shall be paid first from the money paid into court, and shall be paid the
balance by the other party. The court may at any time release money paid into
court to either party if the parties agree or if the court finds such party to
be entitled to the sum so released. If no rent remains due after application of
this section and unless otherwise agreed between the parties, a judgment shall
be entered for the tenant in the action for possession.
(2) In an action for rent when the tenant
is not in possession, the tenant may counterclaim as provided in subsection (1)
of this section but is not required to pay any rent into court.
(3) If the tenant does not comply with an
order to pay rent into the court as provided in subsection (1) of this section,
the tenant shall not be permitted to assert a counterclaim in the action for
possession.
(4) If the total amount found due to the
tenant on any counterclaims is less than any rent found due to the landlord,
and the tenant retains possession solely because the tenant paid rent into
court under subsection (1) of this section, no attorney fees shall be awarded
to the tenant unless the tenant paid at least the balance found due to the
landlord into court no later than the commencement of the trial.
(5) When a tenant is granted a continuance
for a longer period than two days, and has not been ordered to pay rent into
court under subsection (1) of this section, the tenant shall be ordered to pay
rent into court under ORS 105.140 (2). [Formerly 91.810; 1993 c.369 §9; 1995
c.559 §22]
90.375
Effect of unlawful ouster or exclusion; willful diminution of services. If a landlord unlawfully removes or excludes
the tenant from the premises, seriously attempts or seriously threatens
unlawfully to remove or exclude the tenant from the premises or willfully diminishes
or seriously attempts or seriously threatens unlawfully to diminish services to
the tenant by interrupting or causing the interruption of heat, running water,
hot water, electric or other essential service, the tenant may obtain
injunctive relief to recover possession or may terminate the rental agreement
and recover an amount up to two months periodic rent or twice the actual
damages sustained by the tenant, whichever is greater. If the rental agreement
is terminated the landlord shall return all security deposits and prepaid rent
recoverable under ORS 90.300. The tenant need not terminate the rental
agreement, obtain injunctive relief or recover possession to recover damages
under this section. [Formerly 91.815; 1993 c.369 §10; 1995 c.559 §23; 1997
c.577 §21]
90.380
Effect of rental of dwelling in violation of building or housing codes; remedy. (1) As used in this section, posted means
that a governmental agency has attached a copy of the agencys written
determination in a secure manner to the main entrance of the dwelling unit or
to the premises or building of which the dwelling unit is a part.
(2)(a) If a governmental agency has posted
a dwelling unit as unsafe and unlawful to occupy due to the existence of
conditions that violate state or local law and materially affect health or
safety to an extent that, in the agencys determination, the tenant must vacate
the unit and another person may not take possession of the unit, a landlord may
not continue a tenancy or enter into a new tenancy for the dwelling unit until
the landlord corrects the conditions that led to the agencys determination.
(b) If a landlord knowingly violates
paragraph (a) of this subsection, the tenant may immediately terminate the
tenancy by giving the landlord actual notice of the termination and the reason
for the termination and may recover from the landlord either two months
periodic rent or up to twice the actual damages sustained by the tenant as a
result of the violation, whichever is greater. The tenant need not terminate
the tenancy to recover damages under this section.
(3)(a) If a governmental agency has given
a written notice to a landlord that a dwelling unit has been determined to be
unlawful, but not unsafe, to occupy due to the existence of conditions that
violate state or local law and materially affect health or safety to an extent
that, in the agencys determination, although the unit is safe for an existing
tenant to occupy, another person may not take possession of the unit, the
landlord may not enter into a new tenancy for the dwelling unit until the
landlord corrects the conditions that led to the agencys determination.
(b) If a landlord knowingly violates
paragraph (a) of this subsection, the tenant may recover from the landlord
either two months periodic rent or up to twice the actual damages sustained by
the tenant as a result of the violation, whichever is greater.
(c) Notwithstanding paragraph (b) of this
subsection, a landlord is not liable to a tenant for a violation of paragraph
(a) of this subsection if, prior to the commencement of the tenancy, the
landlord discloses to the tenant that the dwelling unit has been determined to
be unlawful to occupy.
(d) A disclosure described in paragraph
(c) of this subsection must be in writing, include a description of the
conditions that led to the agencys determination and state that the landlord
is obligated to correct the conditions before entering into a new tenancy. The
landlord shall attach a copy of the agencys notice to the disclosure. The notice
copy may provide the information required by this paragraph to be disclosed by
the landlord to the tenant.
(e) A disclosure described in paragraph
(c) of this subsection does not release the landlord from the duties imposed by
this chapter, including the duty to maintain the dwelling unit in a habitable
condition pursuant to ORS 90.320 or 90.730. A tenant who enters into a tenancy
after the landlords disclosure does not waive the tenants other remedies
under this chapter. The disclosure does not prevent the governmental agency
that made the determination from imposing on the landlord any penalty
authorized by law for entering into the new tenancy.
(4)(a) If a governmental agency has made a
determination regarding a dwelling unit and has posted or given notice for
conditions described in subsection (2)(a) or (3)(a) of this section, a landlord
may not accept from an applicant for that dwelling unit a deposit to secure the
execution of a rental agreement pursuant to ORS 90.297 unless, before accepting
the deposit, the landlord discloses to the applicant as provided by subsection
(3)(c) of this section that the dwelling unit has been determined to be
unlawful to occupy.
(b) If a landlord knowingly violates
paragraph (a) of this subsection or fails to correct the conditions leading to
the agencys determination before the date a new tenancy is to begin as
provided by the agreement to secure the execution of a rental agreement, an
applicant may terminate the agreement to secure the execution of the rental agreement
by giving the landlord actual notice of the termination and the reason for
termination. As a result of a termination, the applicant may recover from the
landlord an amount equal to twice the deposit. If an applicant recovers damages
for a violation pursuant to this paragraph, the applicant may not recover any
amounts under ORS 90.297.
(5) If, after a landlord and a tenant have
entered into a tenancy, a governmental agency posts a dwelling unit as unsafe
and unlawful to occupy due to the existence of conditions that violate state or
local law, that materially affect health or safety and that:
(a) Were not caused by the tenant, the
tenant may immediately terminate the tenancy by giving the landlord actual
notice of the termination and the reason for the termination; or
(b) Were not caused by the landlord or by
the landlords failure to maintain the dwelling, the landlord may terminate the
tenancy by giving the tenant 24 hours written notice of the termination and
the reason for the termination, after which the landlord may take possession in
the manner provided in ORS 105.105 to 105.168.
(6) If the tenancy is terminated, as a
result of conditions as described in subsections (2), (4) and (5) of this
section, within 14 days of the notice of termination the landlord shall return
to the applicant or tenant:
(a) All of the deposit to secure the
execution of a rental agreement, security deposit or prepaid rent owed to the
applicant under this section or to the tenant under ORS 90.300; and
(b) All rent prepaid for the month in
which the termination occurs, prorated, if applicable, to the date of
termination or the date the tenant vacates the premises, whichever is later.
(7) If conditions at premises that existed
at the outset of the tenancy and that were not caused by the tenant pose an
imminent and serious threat to the health or safety of occupants of the
premises within six months from the beginning of the tenancy, the tenant may
immediately terminate the rental agreement by giving the landlord actual notice
of the termination and the reason for the termination. In addition, if the
landlord knew or should have reasonably known of the existence of the
conditions, the tenant may recover either two months periodic rent or twice
the actual damages sustained by the tenant as a result of the violation,
whichever is greater. The tenant need not terminate the rental agreement to
recover damages under this section. Within four days of the tenants notice of
termination, the landlord shall return to the tenant:
(a) All of the security deposit or prepaid
rent owed to the tenant under ORS 90.300; and
(b) All rent prepaid for the month in
which the termination occurs, prorated to the date of termination or the date
the tenant vacates the premises, whichever is later.
(8)(a) A landlord shall return the money
due the applicant or tenant under subsections (6) and (7) of this section
either by making the money available to the applicant or tenant at the landlords
customary place of business or by mailing the money by first class mail to the
applicant or tenant.
(b) The applicant or tenant has the option
of choosing the method for return of any money due under this section. If the
applicant or tenant fails to choose one of these methods at the time of giving
the notice of termination, the landlord shall use the mail method, addressed to
the last-known address of the applicant or tenant and mailed within the
relevant four-day or 14-day period following the applicants or tenants
notice.
(9) If the landlord fails to comply with
subsection (8) of this section, the applicant or tenant may recover the money
due in an amount equal to twice the amount due. [Formerly 91.817; 1993 c.369 §11;
1995 c.559 §24; 2001 c.596 §32]
90.385
Retaliatory conduct by landlord prohibited; tenant remedies and defenses;
action for possession in certain cases. (1) Except as provided in this section, a landlord may not retaliate
by increasing rent or decreasing services, by serving a notice to terminate the
tenancy or by bringing or threatening to bring an action for possession after:
(a) The tenant has complained to, or
expressed to the landlord in writing an intention to complain to, a
governmental agency charged with responsibility for enforcement of any of the
following concerning a violation applicable to the tenancy:
(A) A building, health or housing code
materially affecting health or safety;
(B) Laws or regulations concerning the
delivery of mail; or
(C) Laws or regulations prohibiting
discrimination in rental housing;
(b) The tenant has made any complaint to
the landlord that is in good faith and related to the tenancy;
(c) The tenant has organized or become a
member of a tenants union or similar organization;
(d) The tenant has testified against the
landlord in any judicial, administrative or legislative proceeding;
(e) The tenant successfully defended an
action for possession brought by the landlord within the previous six months
except if the tenant was successful in defending the action only because:
(A) The termination notice by the landlord
was not served or delivered in the manner required by ORS 90.155; or
(B) The period provided by the termination
notice was less than that required by the statute upon which the notice relied
to terminate the tenancy; or
(f) The tenant has performed or expressed
intent to perform any other act for the purpose of asserting, protecting or
invoking the protection of any right secured to tenants under any federal,
state or local law.
(2) As used in subsection (1) of this
section, decreasing services includes:
(a) Unreasonably restricting the
availability of or placing unreasonable burdens on the use of common areas or
facilities by tenant associations or tenants meeting to establish a tenant
organization; and
(b) Intentionally and unreasonably
interfering with and substantially impairing the enjoyment or use of the
premises by the tenant.
(3) If the landlord acts in violation of
subsection (1) of this section the tenant is entitled to the remedies provided
in ORS 90.375 and has a defense in any retaliatory action against the tenant
for possession.
(4) Notwithstanding subsections (1) and
(3) of this section, a landlord may bring an action for possession if:
(a) The complaint by the tenant was made
to the landlord or an agent of the landlord in an unreasonable manner or at an
unreasonable time or was repeated in a manner having the effect of unreasonably
harassing the landlord. A determination whether the manner, time or effect of a
complaint was unreasonable shall include consideration of all related
circumstances preceding or contemporaneous to the complaint;
(b) The violation of the applicable
building or housing code was caused primarily by lack of reasonable care by the
tenant or other person in the household of the tenant or upon the premises with
the consent of the tenant;
(c) The tenant is in default in rent; or
(d) Compliance with the applicable
building or housing code requires alteration, remodeling or demolition which
would effectively deprive the tenant of use of the dwelling unit.
(5) For purposes of this section, a
complaint made by another on behalf of a tenant is considered a complaint by
the tenant.
(6) For the purposes of subsection (4)(c)
of this section, a tenant who has paid rent into court pursuant to ORS 90.370
shall not be considered to be in default in rent.
(7) The maintenance of an action under
subsection (4) of this section does not release the landlord from liability
under ORS 90.360 (2). [Formerly 91.865; 1995 c.559 §25; 1997 c.303 §1; 1999
c.603 §23]
90.390
Discrimination against tenant or applicant; tenant defense. (1) A landlord may not discriminate against
a tenant in violation of local, state or federal law, including ORS 346.630,
346.660, 346.690, 659A.145 and 659A.421.
(2) If the tenant can prove that the
landlord violated subsection (1) of this section, the tenant has a defense in
any discriminatory action brought by the landlord against the tenant for
possession, unless the tenant is in default in rent.
(3) A tenant may prove a landlords
discrimination in violation of ORS 659A.145 or 659A.421 by demonstrating that a
facially neutral housing policy has a disparate adverse impact on persons based
on the characteristics described in ORS 659A.145 or 659A.421.
(4) A landlord may not discriminate against
an applicant solely because the applicant was a defendant in an action for
possession pursuant to ORS 105.105 to 105.168 that was dismissed or that
resulted in general judgment for the defendant prior to the application. This
subsection does not apply if the prior action has not resulted in a dismissal
or general judgment at the time of the application. If the landlord knowingly
acts in violation of this subsection, the applicant may recover actual damages
or $200, whichever is greater. [1993 c.369 §24; 1997 c.577 §22; 2003 c.378 §12;
2005 c.391 §32; 2007 c.903 §14]
LANDLORD
REMEDIES
90.392
Termination of rental agreement by landlord for cause; tenant right to cure
violation. (1) Except as
provided in this chapter, after delivery of written notice a landlord may
terminate the rental agreement for cause and take possession as provided in ORS
105.105 to 105.168, unless the tenant cures the violation as provided in this
section.
(2) Causes for termination under this
section are:
(a) Material violation by the tenant of
the rental agreement. For purposes of this paragraph, material violation of the
rental agreement includes, but is not limited to, the nonpayment of a late
charge under ORS 90.260 or a utility or service charge under ORS 90.315.
(b) Material violation by the tenant of
ORS 90.325.
(c) Failure by the tenant to pay rent.
(3) The notice must:
(a) Specify the acts and omissions
constituting the violation;
(b) Except as provided in subsection
(5)(a) of this section, state that the rental agreement will terminate upon a
designated date not less than 30 days after delivery of the notice; and
(c) If the tenant can cure the violation
as provided in subsection (4) of this section, state that the violation can be
cured, describe at least one possible remedy to cure the violation and
designate the date by which the tenant must cure the violation.
(4)(a) If the violation described in the
notice can be cured by the tenant by a change in conduct, repairs, payment of
money or otherwise, the rental agreement does not terminate if the tenant cures
the violation by the designated date. The designated date must be:
(A) At least 14 days after delivery of the
notice; or
(B) If the violation is conduct that was a
separate and distinct act or omission and is not ongoing, no earlier than the
date of delivery of the notice as provided in ORS 90.155. For purposes of this
paragraph, conduct is ongoing if the conduct is constant or persistent or has
been sufficiently repetitive over time that a reasonable person would consider
the conduct to be ongoing.
(b) If the tenant does not cure the
violation, the rental agreement terminates as provided in the notice.
(5)(a) If the cause of a written notice
delivered under subsection (1) of this section is substantially the same act or
omission that constituted a prior violation for which notice was given under
this section within the previous six months, the designated termination date
stated in the notice must be not less than 10 days after delivery of the notice
and no earlier than the designated termination date stated in the previously
given notice. The tenant does not have a right to cure this subsequent
violation.
(b) A landlord may not terminate a rental
agreement under this subsection if the only violation is a failure to pay the
current months rent.
(6) When a tenancy is a week-to-week
tenancy, the notice period in:
(a) Subsection (3)(b) of this section
changes from 30 days to seven days;
(b) Subsection (4)(a)(A) of this section
changes from 14 days to four days; and
(c) Subsection (5)(a) of this section
changes from 10 days to four days.
(7) The termination of a tenancy for a
manufactured dwelling or floating home space in a facility under ORS 90.505 to
90.840 is governed by ORS 90.630 and not by this section. [2005 c.391 §7]
90.394
Termination of rental agreement for failure to pay rent. The landlord may terminate the rental
agreement for nonpayment of rent and take possession as provided in ORS 105.105
to 105.168, as follows:
(1) When the tenancy is a week-to-week
tenancy, by delivering to the tenant at least 72 hours written notice of
nonpayment and the landlords intention to terminate the rental agreement if
the rent is not paid within that period. The landlord shall give this notice no
sooner than on the fifth day of the rental period, including the first day the
rent is due.
(2) For all tenancies other than
week-to-week tenancies, by delivering to the tenant:
(a) At least 72 hours written notice of
nonpayment and the landlords intention to terminate the rental agreement if
the rent is not paid within that period. The landlord shall give this notice no
sooner than on the eighth day of the rental period, including the first day the
rent is due; or
(b) At least 144 hours written notice of
nonpayment and the landlords intention to terminate the rental agreement if
the rent is not paid within that period. The landlord shall give this notice no
sooner than on the fifth day of the rental period, including the first day the
rent is due.
(3) The notice described in this section
must also specify the amount of rent that must be paid and the date and time by
which the tenant must pay the rent to cure the nonpayment of rent.
(4) Payment by a tenant who has received a
notice under this section is timely if mailed to the landlord within the period
of the notice unless:
(a) The notice is served on the tenant:
(A) By personal delivery as provided in
ORS 90.155 (1)(a); or
(B) By first class mail and attachment as
provided in ORS 90.155 (1)(c);
(b) A written rental agreement and the
notice expressly state that payment is to be made at a specified location that
is either on the premises or at a place where the tenant has made all previous
rent payments in person; and
(c) The place so specified is available to
the tenant for payment throughout the period of the notice. [2005 c.391 §8]
90.396
Acts or omissions justifying termination 24 hours after notice. (1) Except as provided in subsection (2) of
this section, after at least 24 hours written notice specifying the acts and
omissions constituting the cause and specifying the date and time of the
termination, the landlord may terminate the rental agreement and take
possession as provided in ORS 105.105 to 105.168, if:
(a) The tenant, someone in the tenants
control or the tenants pet seriously threatens to inflict substantial personal
injury, or inflicts any substantial personal injury, upon a person on the
premises other than the tenant;
(b) The tenant or someone in the tenants
control recklessly endangers a person on the premises other than the tenant by
creating a serious risk of substantial personal injury;
(c) The tenant, someone in the tenants
control or the tenants pet inflicts any substantial personal injury upon a
neighbor living in the immediate vicinity of the premises;
(d) The tenant or someone in the tenants
control intentionally inflicts any substantial damage to the premises or the
tenants pet inflicts substantial damage to the premises on more than one
occasion;
(e)(A) The tenant intentionally provided
substantial false information on the application for the tenancy within the
past year;
(B) The false information was with regard
to a criminal conviction of the tenant that would have been material to the
landlords acceptance of the application; and
(C) The landlord terminates the rental
agreement within 30 days after discovering the falsity of the information; or
(f) The tenant, someone in the tenants
control or the tenants pet commits any act that is outrageous in the extreme,
on the premises or in the immediate vicinity of the premises. For purposes of
this paragraph, an act is outrageous in the extreme if the act is not described
in paragraphs (a) to (e) of this subsection, but is similar in degree and is
one that a reasonable person in that community would consider to be so
offensive as to warrant termination of the tenancy within 24 hours, considering
the seriousness of the act or the risk to others. An act that is outrageous in
the extreme is more extreme or serious than an act that warrants a 30-day
termination under ORS 90.392. Acts that are outrageous in the extreme
include, but are not limited to, the following acts by a person:
(A) Prostitution or promotion of
prostitution, as described in ORS 167.007 and 167.012;
(B) Manufacture, delivery or possession of
a controlled substance, as described in ORS 475.005, but not including:
(i) The medical use of marijuana in
compliance with ORS 475.300 to 475.346;
(ii) Possession of, or delivery for no
consideration of, less than one avoirdupois ounce of marijuana as described in
ORS 475.860 (3) or 475.864 (3); or
(iii) Possession of prescription drugs;
(C) Intimidation, as described in ORS
166.155 and 166.165; or
(D) Burglary as described in ORS 164.215
and 164.225.
(2) If the cause for a termination notice
given pursuant to subsection (1) of this section is based upon the acts of the
tenants pet, the tenant may cure the cause and avoid termination of the
tenancy by removing the pet from the premises prior to the end of the notice
period. The notice must describe the right of the tenant to cure the cause. If
the tenant returns the pet to the premises at any time after having cured the
violation, the landlord, after at least 24 hours written notice specifying the
subsequent presence of the offending pet, may terminate the rental agreement
and take possession as provided in ORS 105.105 to 105.168. The tenant does not
have a right to cure this subsequent violation.
(3) For purposes of subsection (1) of this
section, someone is in the tenants control if that person enters or remains on
the premises with the tenants permission or consent after the tenant
reasonably knows or should know of that persons act or likelihood to commit
any act of the type described in subsection (1) of this section.
(4) An act can be proven to be outrageous
in the extreme even if the act is one that does not violate a criminal statute.
Notwithstanding the references to criminal statutes in subsection (1)(f) of
this section, the landlords burden of proof in an action for possession under
subsection (1) of this section is the civil standard of proof by a
preponderance of the evidence.
(5) If a good faith effort by a landlord
to terminate the tenancy under subsection (1)(f) of this section and to recover
possession of the rental unit under ORS 105.105 to 105.168 fails by decision of
the court, the landlord may not be found in violation of any state statute or
local ordinance requiring the landlord to remove that tenant upon threat of
fine, abatement or forfeiture as long as the landlord continues to make a good
faith effort to terminate the tenancy. [2005 c.391 §9; 2007 c.71 §23]
90.398
Termination of rental agreement for drug or alcohol violations. (1) If a tenant living for less than two
years in drug and alcohol free housing uses, possesses or shares alcohol,
illegal drugs, controlled substances or prescription drugs without a medical
prescription, the landlord may deliver a written notice to the tenant
terminating the tenancy for cause and take possession as provided in ORS
105.105 to 105.168. The notice must specify the acts constituting the drug or
alcohol violation and state that the rental agreement will terminate in not
less than 48 hours after delivery of the notice, at a specified date and time.
The notice must also state that the tenant can cure the drug or alcohol
violation by a change in conduct or otherwise within 24 hours after delivery of
the notice.
(2) If the tenant cures the violation
within the 24-hour period, the rental agreement does not terminate. If the
tenant does not cure the violation within the 24-hour period, the rental
agreement terminates as provided in the notice.
(3) If substantially the same act that
constituted a prior drug or alcohol violation of which notice was given
reoccurs within six months, the landlord may terminate the rental agreement
upon at least 24 hours written notice specifying the violation and the date
and time of termination of the rental agreement. The tenant does not have a
right to cure this subsequent violation. [2005 c.391 §10]
90.400 [Formerly 91.820; 1993 c.369 §12; 1995 c.559
§26; 1997 c.577 §23; 1999 c.603 §24; 1999 c.676 §15; 2001 c.596 §33; 2003 c.378
§13; 2005 c.22 §61; 2005 c.708 §42; repealed by 2005 c.391 §39]
90.401
Remedies available to landlord.
Except as provided in this chapter:
(1) A landlord may pursue any one or more
of the remedies set forth in ORS 90.392, 90.394, 90.396, 90.398, 90.403 and
90.405, simultaneously or sequentially.
(2) In addition to the remedies provided
in ORS 90.392, 90.394, 90.396 and 90.398, a landlord may recover damages and
obtain injunctive relief for any noncompliance by the tenant with the rental
agreement or ORS 90.325 or 90.740. [2005 c.391 §11]
90.402 [1993 c.369 §25; 1995 c.559 §27; renumbered
90.160 in 1995]
90.403
Taking possession of premises from unauthorized possessor. (1) If an unauthorized person is in
possession of the premises, after at least 24 hours written notice specifying
the cause and the date and time by which the person must vacate, a landlord may
take possession as provided in ORS 105.105 to 105.168 if:
(a) The tenant has vacated the premises;
(b) The rental agreement with the tenant
prohibited subleasing or allowing another person to occupy the premises without
the written permission of the landlord; and
(c) The landlord has not knowingly
accepted rent from the person in possession of the premises.
(2) Service of notice under this section
does not create a right of tenancy for the person in possession of the
premises. [2005 c.391 §12]
90.405
Effect of tenant keeping unpermitted pet. (1) If the tenant, in violation of the rental agreement, keeps on the
premises a pet capable of causing damage to persons or property, the landlord
may deliver a written notice specifying the violation and stating that the
tenancy will terminate upon a date not less than 10 days after the delivery of
the notice unless the tenant removes the pet from the premises prior to the
termination date specified in the notice. If the pet is not removed by the date
specified, the tenancy shall terminate and the landlord may take possession in
the manner provided in ORS 105.105 to 105.168.
(2) For purposes of this section, a pet
capable of causing damage to persons or property means an animal that, because
of the nature, size or behavioral characteristics of that particular animal or
of that breed or type of animal generally, a reasonable person might consider
to be capable of causing personal injury or property damage, including but not
limited to, water damage from medium or larger sized fish tanks or other
personal injury or property damage arising from the environment in which the
animal is kept.
(3) If substantially the same act that
constituted a prior noncompliance of which notice was given under subsection
(1) of this section recurs within six months, the landlord may terminate the
rental agreement upon at least 10 days written notice specifying the breach
and the date of termination of the rental agreement.
(4) This section shall not apply to any
tenancy governed by ORS 90.505 to 90.840. [Formerly 91.822; 1995 c.559 §28;
1999 c.603 §25]
90.410
Effect of tenant failure to give notice of absence; absence; abandonment. (1) If the rental agreement requires the
tenant to give actual notice to the landlord of an anticipated extended absence
in excess of seven days as permitted by ORS 90.340 and the tenant willfully
fails to do so, the landlord may recover actual damages from the tenant.
(2) During any absence of the tenant in
excess of seven days, the landlord may enter the dwelling unit at times
reasonably necessary.
(3) If the tenant abandons the dwelling
unit, the landlord shall make reasonable efforts to rent it for a fair rental.
If the landlord rents the dwelling unit for a term beginning before the
expiration of the rental agreement, the rental agreement terminates as of the
date of the new tenancy. If the landlord fails to use reasonable efforts to
rent the dwelling unit at a fair rental or if the landlord accepts the
abandonment as a surrender, the rental agreement is deemed to be terminated by
the landlord as of the date the landlord knows or should know of the
abandonment. If the tenancy is from month to month or week to week, the term of
the rental agreement for this purpose is deemed to be a month or a week, as the
case may be. [Formerly 91.825; 1993 c.369 §13; 1995 c.559 §29; 1999 c.603 §26]
90.412
Waiver of termination of tenancy. (1) As used in this section and ORS 90.414 and 90.417, rent does not
include funds paid under the United States Housing Act of 1937 (42 U.S.C.
1437f).
(2) Except as otherwise provided in this
section, a landlord waives the right to terminate a rental agreement for a
particular violation of the rental agreement or of law if the landlord:
(a) During three or more separate rental
periods, accepts rent with knowledge of the violation by the tenant; or
(b) Accepts performance by a tenant that
varies from the terms of the rental agreement.
(3) A landlord has not accepted rent for
purposes of subsection (2) of this section if:
(a) Within 10 days after receipt of the
rent payment, the landlord refunds the rent; or
(b) The rent payment is made in the form
of a check that is dishonored.
(4) A landlord does not waive the right to
terminate a rental agreement for a violation under any of the following
circumstances:
(a) The landlord and tenant agree
otherwise after the violation has occurred.
(b) The violation concerns the tenants
conduct and, following the violation but prior to acceptance of rent for three
rental periods or performance as described in subsection (2) of this section,
the landlord gives a written warning notice to the tenant regarding the
violation that:
(A) Describes specifically the conduct
that constitutes the violation, either as a separate and distinct violation, a
series or group of violations or a continuous or ongoing violation;
(B) States that the tenant is required to
discontinue the conduct or correct the violation; and
(C) States that a reoccurrence of the
conduct that constitutes a violation may result in a termination of the tenancy
pursuant to ORS 90.392, 90.398, 90.405 or 90.630.
(c) The tenancy consists of rented space
for a manufactured dwelling or floating home as described in ORS 90.505, and
the violation concerns:
(A) Disrepair or deterioration of the
manufactured dwelling or floating home pursuant to ORS 90.632; or
(B) A failure to maintain the rented
space, as provided by ORS 90.740 (2), (4)(b) and (4)(h).
(d) The termination is under ORS 90.396.
(e) The landlord accepts:
(A) A last months rent deposit collected
at the beginning of the tenancy, regardless of whether the deposit covers a
period beyond a termination date;
(B) Rent distributed pursuant to a court
order releasing money paid into court as provided by ORS 90.370 (1); or
(C) Rent paid for a rent obligation not
yet due and paid more than one rental period in advance.
(5) For a continuous or ongoing violation,
the landlords written warning notice under subsection (4)(b) of this section
remains effective for 12 months and may be renewed with a new warning notice
before the end of the 12 months.
(6) A landlord that must refund rent under
this section shall make the refund to the tenant or other payer by personal
delivery or first class mail. The refund may be in the form of the tenants or
other payers check or in any other form of check or money. [2007 c.906 §27]
90.414
Acts not constituting waiver of termination of tenancy; delivery of rent
refund. (1) If a notice of
termination has been given by the landlord or the tenant, the following do not
waive the right of the landlord to terminate on the notice and do not reinstate
the tenancy:
(a) Except when the notice is a nonpayment
of rent termination notice under ORS 90.394, the acceptance of rent if:
(A) The rent is prorated to the
termination date specified in the notice; or
(B) The landlord refunds at least the
unused balance of the rent prorated for the period beyond the termination date
within 10 days after receiving the rent payment.
(b) Except if the termination is for cause
under ORS 90.392, 90.398, 90.405, 90.630 or 90.632, the acceptance of rent for
a rental period that extends beyond the termination date in the notice, if the
landlord refunds at least the unused balance of the rent for the period beyond
the termination date within 10 days after the end of the remedy or correction
period described in the applicable notice.
(c) If the termination is for cause under
ORS 90.392, 90.398, 90.405, 90.630 or 90.632 and proceedings have commenced
under ORS 105.105 to 105.168 to recover possession of the premises based on the
termination:
(A) The acceptance of rent for a period
beyond the expiration of the notice of termination during which the tenant
remains in possession if:
(i) The landlord notifies the tenant in
writing in, or after the service of, the notice of termination for cause that
the acceptance of rent while an action for possession is pending will not waive
the right to terminate under the notice; and
(ii) The rent does not cover a period that
extends beyond the date the rent payment is accepted.
(B) Service of a nonpayment of rent
termination notice under ORS 90.394.
(2) The following do not waive the right
of the landlord to terminate on a notice of termination given by the landlord
or the tenant and do not reinstate a tenancy:
(a) The acceptance of a last months rent
deposit collected at the beginning of the tenancy, whether or not the deposit
covers a period beyond a termination date.
(b) The acceptance of rent distributed
under a court order releasing money that was paid into the court as provided
under ORS 90.370 (1).
(c) The acceptance of rent paid for a rent
obligation not yet due and paid more than one rental period in advance.
(3) When a landlord must refund rent under
this section, the refund shall be made to the tenant or other payer by personal
delivery or first class mail and may be in the form of the tenants or other
payers check or in any other form of check or money. [2007 c.906 §28]
90.415 [Formerly 91.830; 1991 c.62 §1; 1995 c.559 §30;
1997 c.577 §24; 1999 c.603 §27; 1999 c.676 §16; 2001 c.596 §34; 2003 c.658 §4;
2005 c.22 §62; 2005 c.391 §21; repealed by 2007 c.906 §30]
90.417
Duty to pay rent; effect of acceptance of partial rent. (1) A tenants duty regarding rent payments
is to tender to the landlord an offer of the full amount of rent owed within
the time allowed by law and by the rental agreement provisions regarding
payment. A landlord may refuse to accept a rent tender that is for less than
the full amount of rent owed or that is untimely.
(2) A landlord may accept a partial
payment of rent. The acceptance of a partial payment of rent in a manner
consistent with subsection (3) of this section does not constitute a waiver
under ORS 90.412 (2)(b) of the landlords right to terminate the tenancy under
ORS 90.394 for nonpayment of the balance of the rent owed.
(3) A landlord and tenant may by written
agreement provide that monthly rent shall be paid in regular installments of
less than a month pursuant to a schedule specified in the agreement.
Installment rent payments described in this subsection are not partial payment
of rent for purposes of this section.
(4) The acceptance of a partial payment of
rent waives the right of the landlord to terminate the tenants rental agreement
under ORS 90.394 for nonpayment of rent unless:
(a)(A) The landlord accepted the partial
payment of rent before the landlord gave a nonpayment of rent termination
notice under ORS 90.394 based on the tenants agreement to pay the balance by a
time certain and the tenant does not pay the balance of the rent as agreed;
(B) The landlords notice of termination
is served no earlier than it would have been permitted under ORS 90.394 had no
rent been accepted; and
(C) The notice permits the tenant to avoid
termination of the tenancy for nonpayment of rent by paying the balance within
72 hours or 144 hours, as the case may be, or by any date to which the parties
agreed, whichever is later; or
(b) The landlord accepted a partial
payment of rent after giving a nonpayment of rent termination notice under ORS
90.394 and entered into a written agreement with the tenant that the acceptance
does not constitute waiver. The agreement may provide that the landlord may
terminate the rental agreement and take possession as provided in ORS 105.105
to 105.168 without serving a new notice under ORS 90.394 if the tenant fails to
pay the balance of the rent by a time certain.
(5) Notwithstanding any acceptance of a
partial payment of rent under subsection (4) of this section, the tenant
continues to owe the landlord the unpaid balance of the rent. [2007 c.906 §29]
90.420
Enforceability of landlord liens; distraint for rent abolished. (1) A lien or security interest on behalf of
the landlord in the tenants household goods is not enforceable unless
perfected before October 5, 1973.
(2) Distraint for rent is abolished. [Formerly
91.835]
90.425
Disposition of personal property abandoned by tenant; notice; sale; limitation
on landlord liability; tax cancellation; storage agreements; hazardous
property. (1) As used in
this section:
(a) Current market value means the
amount in cash, as determined by the county assessor, that could reasonably be
expected to be paid for a manufactured dwelling or floating home by an informed
buyer to an informed seller, each acting without compulsion in an arms-length
transaction occurring on the assessment date for the tax year or on the date of
a subsequent reappraisal by the county assessor.
(b) Dispose of the personal property
means that, if reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization or to a person
unrelated to the landlord. The landlord may not retain the property for
personal use or benefit.
(c) Goods includes those goods left
inside a recreational vehicle, manufactured dwelling or floating home or left
upon the rental space outside a recreational vehicle, manufactured dwelling or
floating home, whether the recreational vehicle, dwelling or home is located
inside or outside of a facility.
(d) Lienholder means any lienholder of
an abandoned recreational vehicle, manufactured dwelling or floating home, if
the lien is of record or the lienholder is actually known to the landlord.
(e) Of record means:
(A) For a recreational vehicle that is not
a manufactured structure as defined in ORS 446.561, that a security interest
has been properly recorded with the Department of Transportation pursuant to
ORS 802.200 (1)(a)(A) and 803.097.
(B) For a manufactured dwelling or
recreational vehicle that is a manufactured structure as defined in ORS
446.561, that a security interest has been properly recorded for the
manufactured dwelling or recreational vehicle in the records of the Department
of Consumer and Business Services pursuant to ORS 446.611 or on a certificate
of title issued by the Department of Transportation prior to May 1, 2005.
(C) For a floating home, that a security
interest has been properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the board pursuant to
ORS 830.715.
(f) Owner means any owner of an
abandoned recreational vehicle, manufactured dwelling or floating home, if
different from the tenant and either of record or actually known to the
landlord.
(g) Personal property means goods,
vehicles and recreational vehicles and includes manufactured dwellings and
floating homes not located in a facility. Personal property does not include
manufactured dwellings and floating homes located in a facility and therefore
subject to being stored, sold or disposed of as provided under ORS 90.675.
(2) A landlord may not store, sell or
dispose of abandoned personal property except as provided by this section. This
section governs the rights and obligations of landlords, tenants and any
lienholders or owners in any personal property abandoned or left upon the
premises by the tenant or any lienholder or owner in the following
circumstances:
(a) The tenancy has ended by termination
or expiration of a rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the circumstances that
the tenant has left the personal property upon the premises with no intention
of asserting any further claim to the premises or to the personal property;
(b) The tenant has been absent from the
premises continuously for seven days after termination of a tenancy by a court
order that has not been executed; or
(c) The landlord receives possession of
the premises from the sheriff following restitution pursuant to ORS 105.161.
(3) Prior to selling or disposing of the
tenants personal property under this section, the landlord must give a written
notice to the tenant that must be:
(a) Personally delivered to the tenant; or
(b) Sent by first class mail addressed and
mailed to the tenant at:
(A) The premises;
(B) Any post-office box held by the tenant
and actually known to the landlord; and
(C) The most recent forwarding address if
provided by the tenant or actually known to the landlord.
(4)(a) In addition to the notice required
by subsection (3) of this section, in the case of an abandoned recreational
vehicle, manufactured dwelling or floating home, a landlord shall also give a
copy of the notice described in subsection (3) of this section to:
(A) Any lienholder of the recreational
vehicle, manufactured dwelling or floating home;
(B) Any owner of the recreational vehicle,
manufactured dwelling or floating home;
(C) The tax collector of the county where
the manufactured dwelling or floating home is located; and
(D) The assessor of the county where the
manufactured dwelling or floating home is located.
(b) The landlord shall give the notice
copy required by this subsection by personal delivery or first class mail,
except that for any lienholder, mail service must be both by first class mail
and by certified mail with return receipt requested.
(c) A notice to lienholders under
paragraph (a)(A) of this subsection must be sent to each lienholder at each
address:
(A) Actually known to the landlord;
(B) Of record; and
(C) Provided to the landlord by the
lienholder in a written notice that identifies the personal property subject to
the lien and that was sent to the landlord by certified mail with return receipt
requested within the preceding five years. The notice must identify the
personal property by describing the physical address of the property.
(5) The notice required under subsection
(3) of this section must state that:
(a) The personal property left upon the
premises is considered abandoned;
(b) The tenant or any lienholder or owner
must contact the landlord by a specified date, as provided in subsection (6) of
this section, to arrange for the removal of the abandoned personal property;
(c) The personal property is stored at a
place of safekeeping, except that if the property includes a manufactured
dwelling or floating home, the dwelling or home must be stored on the rented
space;
(d) The tenant or any lienholder or owner,
except as provided by subsection (18) of this section, may arrange for removal
of the personal property by contacting the landlord at a described telephone
number or address on or before the specified date;
(e) The landlord shall make the personal
property available for removal by the tenant or any lienholder or owner, except
as provided by subsection (18) of this section, by appointment at reasonable
times;
(f) If the personal property is considered
to be abandoned pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of removal and storage charges, as provided by
subsection (7)(d) of this section, prior to releasing the personal property to
the tenant or any lienholder or owner;
(g) If the personal property is considered
to be abandoned pursuant to subsection (2)(c) of this section, the landlord may
not require payment of storage charges prior to releasing the personal
property;
(h) If the tenant or any lienholder or
owner fails to contact the landlord by the specified date, or after that contact,
fails to remove the personal property within 30 days for recreational vehicles,
manufactured dwellings and floating homes or 15 days for all other personal
property, the landlord may sell or dispose of the personal property. If the
landlord reasonably believes that the personal property will be eligible for
disposal pursuant to subsection (10)(b) of this section and the landlord
intends to dispose of the property if the property is not claimed, the notice
shall state that belief and intent; and
(i) If the personal property includes a
recreational vehicle, manufactured dwelling or floating home and if applicable,
there is a lienholder or owner that has a right to claim the recreational
vehicle, dwelling or home, except as provided by subsection (18) of this
section.
(6) For purposes of subsection (5) of this
section, the specified date by which a tenant, lienholder or owner must contact
a landlord to arrange for the disposition of abandoned personal property is:
(a) For abandoned recreational vehicles, manufactured
dwellings or floating homes, not less than 45 days after personal delivery or
mailing of the notice; or
(b) For all other abandoned personal
property, not less than five days after personal delivery or eight days after
mailing of the notice.
(7) After notifying the tenant as required
by subsection (3) of this section, the landlord:
(a) Shall store any abandoned manufactured
dwelling or floating home on the rented space and shall exercise reasonable
care for the dwelling or home;
(b) Shall store all other abandoned
personal property of the tenant, including goods left inside a recreational
vehicle, manufactured dwelling or floating home or left upon the rented space
outside a recreational vehicle, dwelling or home, in a place of safekeeping and
shall exercise reasonable care for the personal property, except that the
landlord may:
(A) Promptly dispose of rotting food; and
(B) Allow an animal control agency to
remove any abandoned pets or livestock. If an animal control agency will not
remove the abandoned pets or livestock, the landlord shall exercise reasonable
care for the animals given all the circumstances, including the type and
condition of the animals, and may give the animals to an agency that is willing
and able to care for the animals, such as a humane society or similar
organization;
(c) Except for manufactured dwellings and
floating homes, may store the abandoned personal property at the dwelling unit,
move and store it elsewhere on the premises or move and store it at a
commercial storage company or other place of safekeeping; and
(d) Is entitled to reasonable or actual
storage charges and costs incidental to storage or disposal, including any cost
of removal to a place of storage. In the case of an abandoned manufactured
dwelling or floating home, the storage charge may be no greater than the
monthly space rent last payable by the tenant.
(8) If a tenant, lienholder or owner, upon
the receipt of the notice provided by subsection (3) or (4) of this section or
otherwise, responds by actual notice to the landlord on or before the specified
date in the landlords notice that the tenant, lienholder or owner intends to
remove the personal property from the premises or from the place of
safekeeping, the landlord must make that personal property available for
removal by the tenant, lienholder or owner by appointment at reasonable times
during the 15 days or, in the case of a recreational vehicle, manufactured
dwelling or floating home, 30 days following the date of the response, subject to
subsection (18) of this section. If the personal property is considered to be
abandoned pursuant to subsection (2)(a) or (b) of this section, but not
pursuant to subsection (2)(c) of this section, the landlord may require payment
of removal and storage charges, as provided in subsection (7)(d) of this
section, prior to allowing the tenant, lienholder or owner to remove the
personal property. Acceptance by a landlord of such payment does not operate to
create or reinstate a tenancy or create a waiver pursuant to ORS 90.412 or
90.417.
(9) Except as provided in subsections (18)
to (20) of this section, if the tenant, lienholder or owner of a recreational
vehicle, manufactured dwelling or floating home does not respond within the
time provided by the landlords notice, or the tenant, lienholder or owner does
not remove the personal property within the time required by subsection (8) of
this section or by any date agreed to with the landlord, whichever is later,
the tenants, lienholders or owners personal property is conclusively
presumed to be abandoned. The tenant and any lienholder or owner that have been
given notice pursuant to subsection (3) or (4) of this section shall, except
with regard to the distribution of sale proceeds pursuant to subsection (13) of
this section, have no further right, title or interest to the personal property
and may not claim or sell the property.
(10) If the personal property is presumed
to be abandoned under subsection (9) of this section, the landlord then may:
(a) Sell the personal property at a public
or private sale, provided that prior to the sale of a recreational vehicle,
manufactured dwelling or floating home:
(A) The landlord may seek to transfer
ownership of record of the personal property by complying with the requirements
of the appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a newspaper of
general circulation in the county in which the recreational vehicle,
manufactured dwelling or floating home is located. The notice shall state:
(I) That the recreational vehicle,
manufactured dwelling or floating home is abandoned;
(II) The tenants and owners name, if of
record or actually known to the landlord;
(III) The address and any space number
where the recreational vehicle, manufactured dwelling or floating home is
located, and any plate, registration or other identification number for a
recreational vehicle or floating home noted on the certificate of title, if
actually known to the landlord;
(IV) Whether the sale is by private
bidding or public auction;
(V) Whether the landlord is accepting
sealed bids and, if so, the last date on which bids will be accepted; and
(VI) The name and telephone number of the
person to contact to inspect the recreational vehicle, manufactured dwelling or
floating home;
(ii) At a reasonable time prior to the
sale, give a copy of the notice required by sub-subparagraph (i) of this
subparagraph to the tenant and to any lienholder and owner, by personal
delivery or first class mail, except that for any lienholder, mail service must
be by first class mail with certificate of mailing;
(iii) Obtain an affidavit of publication
from the newspaper to show that the notice required under sub-subparagraph (i)
of this subparagraph ran in the newspaper at least one day in each of two
consecutive weeks prior to the date scheduled for the sale or the last date
bids will be accepted; and
(iv) Obtain written proof from the county
that all property taxes and assessments on the manufactured dwelling or
floating home have been paid or, if not paid, that the county has authorized
the sale, with the sale proceeds to be distributed pursuant to subsection (13)
of this section;
(b) Destroy or otherwise dispose of the
personal property if the landlord determines that:
(A) For a manufactured dwelling or
floating home, the current market value of the property is $8,000 or less as
determined by the county assessor; or
(B) For all other personal property, the
reasonable current fair market value is $500 or less or so low that the cost of
storage and conducting a public sale probably exceeds the amount that would be
realized from the sale; or
(c) Consistent with paragraphs (a) and (b)
of this subsection, sell certain items and destroy or otherwise dispose of the
remaining personal property.
(11)(a) A public or private sale
authorized by this section must:
(A) For a recreational vehicle,
manufactured dwelling or floating home, be conducted consistent with the terms
listed in subsection (10)(a)(B)(i) of this section. Every aspect of the sale
including the method, manner, time, place and terms must be commercially
reasonable; or
(B) For all other personal property, be
conducted under the provisions of ORS 79.0610.
(b) If there is no buyer at a sale of a
manufactured dwelling or floating home, the personal property is considered to
be worth $8,000 or less, regardless of current market value, and the landlord
shall destroy or otherwise dispose of the personal property.
(12) Notwithstanding ORS 446.155 (1) and
(2), unless a landlord intentionally misrepresents the condition of a
manufactured dwelling or floating home, the landlord is not liable for the
condition of the dwelling or home to:
(a) A buyer of the dwelling or home at a
sale pursuant to subsection (10)(a) of this section, with or without
consideration; or
(b) A person or nonprofit organization to
whom the landlord gives the dwelling or home pursuant to subsection (1)(b),
(10)(b) or (11)(b) of this section.
(13)(a) The landlord may deduct from the
proceeds of the sale:
(A) The reasonable or actual cost of
notice, storage and sale; and
(B) Unpaid rent.
(b) If the sale was of a manufactured
dwelling or floating home, after deducting the amounts listed in paragraph (a)
of this subsection, the landlord shall remit the remaining proceeds, if any, to
the county tax collector to the extent of any unpaid property taxes and
assessments owed on the dwelling or home.
(c) If the sale was of a recreational
vehicle, manufactured dwelling or floating home, after deducting the amounts
listed in paragraphs (a) and (b) of this subsection, if applicable, the
landlord shall remit the remaining proceeds, if any, to any lienholder to the
extent of any unpaid balance owed on the lien on the recreational vehicle,
dwelling or home.
(d) After deducting the amounts listed in
paragraphs (a), (b) and (c) of this subsection, if applicable, the landlord
shall remit to the tenant or owner the remaining proceeds, if any, together
with an itemized accounting.
(e) If the tenant or owner cannot after
due diligence be found, the landlord shall deposit the remaining proceeds with
the county treasurer of the county in which the sale occurred. If not claimed
within three years, the deposited proceeds revert to the general fund of the
county and are available for general purposes.
(14) The county tax collector shall cancel
all unpaid property taxes and assessments owed on a manufactured dwelling or
floating home, as provided under ORS 311.790, only under one of the following
circumstances:
(a) The landlord disposes of the
manufactured dwelling or floating home after a determination described in
subsection (10)(b) of this section.
(b) There is no buyer of the manufactured
dwelling or floating home at a sale described under subsection (11) of this
section.
(c)(A) There is a buyer of the
manufactured dwelling or floating home at a sale described under subsection
(11) of this section;
(B) The current market value of the
manufactured dwelling or floating home is $8,000 or less; and
(C) The proceeds of the sale are insufficient
to satisfy the unpaid property taxes and assessments owed on the dwelling or
home after distribution of the proceeds pursuant to subsection (13) of this
section.
(d)(A) The landlord buys the manufactured
dwelling or floating home at a sale described under subsection (11) of this
section;
(B) The current market value of the
manufactured dwelling or floating home is more than $8,000;
(C) The proceeds of the sale are
insufficient to satisfy the unpaid property taxes and assessments owed on the
manufactured dwelling or floating home after distribution of the proceeds
pursuant to subsection (13) of this section; and
(D) The landlord disposes of the
manufactured dwelling or floating home.
(15) The landlord is not responsible for
any loss to the tenant, lienholder or owner resulting from storage of personal
property in compliance with this section unless the loss was caused by the
landlords deliberate or negligent act. In the event of a deliberate and
malicious violation, the landlord is liable for twice the actual damages
sustained by the tenant, lienholder or owner.
(16) Complete compliance in good faith
with this section shall constitute a complete defense in any action brought by
a tenant, lienholder or owner against a landlord for loss or damage to such
personal property disposed of pursuant to this section.
(17) If a landlord does not comply with
this section:
(a) The tenant is relieved of any
liability for damage to the premises caused by conduct that was not deliberate,
intentional or grossly negligent and for unpaid rent and may recover from the
landlord up to twice the actual damages sustained by the tenant;
(b) A lienholder or owner aggrieved by the
noncompliance may recover from the landlord the actual damages sustained by the
lienholder or owner. ORS 90.255 does not authorize an award of attorney fees to
the prevailing party in any action arising under this paragraph; and
(c) A county tax collector aggrieved by
the noncompliance may recover from the landlord the actual damages sustained by
the tax collector, if the noncompliance is part of an effort by the landlord to
defraud the tax collector. ORS 90.255 does not authorize an award of attorney
fees to the prevailing party in any action arising under this paragraph.
(18) In the case of an abandoned
recreational vehicle, manufactured dwelling or floating home, the provisions of
this section regarding the rights and responsibilities of a tenant to the
abandoned vehicle, dwelling or home also apply to any lienholder except that
the lienholder may not sell or remove the vehicle, dwelling or home unless:
(a) The lienholder has foreclosed its lien
on the recreational vehicle, manufactured dwelling or floating home;
(b) The tenant or a personal
representative or designated person described in subsection (20) of this
section has waived all rights under this section pursuant to subsection (25) of
this section; or
(c) The notice and response periods
provided by subsections (6) and (8) of this section have expired.
(19)(a) In the case of an abandoned
manufactured dwelling or floating home but not including a dwelling or home
abandoned following a termination pursuant to ORS 90.429 and except as provided
by subsection (20)(d) and (e) of this section, if a lienholder makes a timely
response to a notice of abandoned personal property pursuant to subsections (6)
and (8) of this section and so requests, a landlord shall enter into a written
storage agreement with the lienholder providing that the dwelling or home may
not be sold or disposed of by the landlord for up to 12 months. A storage
agreement entitles the lienholder to store the personal property on the
previously rented space during the term of the agreement, but does not entitle
anyone to occupy the personal property.
(b) The lienholders right to a storage
agreement arises upon the failure of the tenant, owner or, in the case of a
deceased tenant, the personal representative, designated person, heir or
devisee to remove or sell the dwelling or home within the allotted time.
(c) To exercise the right to a storage
agreement under this subsection, in addition to contacting the landlord with a
timely response as described in paragraph (a) of this subsection, the
lienholder must enter into the proposed storage agreement within 60 days after
the landlord gives a copy of the agreement to the lienholder. The landlord
shall give a copy of the proposed storage agreement to the lienholder in the
same manner as provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice of abandoned
property required by subsection (4) of this section. A lienholder enters into a
storage agreement by signing a copy of the agreement provided by the landlord
and personally delivering or mailing the signed copy to the landlord within the
60-day period.
(d) The storage agreement may require, in
addition to other provisions agreed to by the landlord and the lienholder,
that:
(A) The lienholder make timely periodic
payment of all storage charges, as described in subsection (7)(d) of this
section, accruing from the commencement of the 45-day period described in
subsection (6) of this section. A storage charge may include a utility or
service charge, as described in ORS 90.532, if limited to charges for
electricity, water, sewer service and natural gas and if incidental to the
storage of personal property. A storage charge may not be due more frequently
than monthly;
(B) The lienholder pay a late charge or
fee for failure to pay a storage charge by the date required in the agreement,
if the amount of the late charge is no greater than for late charges described
in the rental agreement between the landlord and the tenant; and
(C) The lienholder maintain the personal
property and the space on which the personal property is stored in a manner
consistent with the rights and obligations described in the rental agreement
between the landlord and the tenant.
(e) During the term of an agreement
described under this subsection, the lienholder has the right to remove or sell
the property, subject to the provisions of the lien. Selling the property
includes a sale to a purchaser who wishes to leave the dwelling or home on the
rented space and become a tenant, subject to any conditions previously agreed
to by the landlord and tenant regarding the landlords approval of a purchaser
or, if there was no such agreement, any reasonable conditions by the landlord
regarding approval of any purchaser who wishes to leave the dwelling or home on
the rented space and become a tenant. The landlord also may condition approval
for occupancy of any purchaser of the property upon payment of all unpaid
storage charges and maintenance costs.
(f)(A) If the lienholder violates the
storage agreement, the landlord may terminate the agreement by giving at least
90 days written notice to the lienholder stating facts sufficient to notify
the lienholder of the reason for the termination. Unless the lienholder
corrects the violation within the notice period, the agreement terminates as
provided and the landlord may sell or dispose of the dwelling or home without
further notice to the lienholder.
(B) After a landlord gives a termination
notice pursuant to subparagraph (A) of this paragraph for failure of the
lienholder to pay a storage charge and the lienholder corrects the violation,
if the lienholder again violates the storage agreement by failing to pay a
subsequent storage charge, the landlord may terminate the agreement by giving
at least 30 days written notice to the lienholder stating facts sufficient to notify
the lienholder of the reason for termination. Unless the lienholder corrects
the violation within the notice period, the agreement terminates as provided
and the landlord may sell or dispose of the property without further notice to
the lienholder.
(C) A lienholder may terminate a storage
agreement at any time upon at least 14 days written notice to the landlord and
may remove the property from the rented space if the lienholder has paid all
storage charges and other charges as provided in the agreement.
(g) Upon the failure of a lienholder to
enter into a storage agreement as provided by this subsection or upon
termination of an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the manufactured dwelling or floating home, the
landlord may sell or dispose of the property pursuant to this section without
further notice to the lienholder.
(20) If the personal property consists of
an abandoned manufactured dwelling or floating home and is considered abandoned
as a result of the death of a tenant who was the only tenant and who owned the
dwelling or home, this section applies, except as follows:
(a) Any personal representative named in a
will or appointed by a court to act for the deceased tenant or any person
designated in writing by the tenant to be contacted by the landlord in the
event of the tenants death has the same rights and responsibilities regarding
the abandoned dwelling or home as a tenant.
(b) The notice required by subsection (3)
of this section must be:
(A) Sent by first class mail to the
deceased tenant at the premises; and
(B) Personally delivered or sent by first
class mail to any personal representative or designated person if actually
known to the landlord.
(c) The notice described in subsection (5)
of this section must refer to any personal representative or designated person,
instead of the deceased tenant, and must incorporate the provisions of this
subsection.
(d) If a personal representative,
designated person or other person entitled to possession of the property, such
as an heir or devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so requests, the
landlord shall enter into a written storage agreement with the representative
or person providing that the dwelling or home may not be sold or disposed of by
the landlord for up to 90 days or until conclusion of any probate proceedings,
whichever is later. A storage agreement entitles the representative or person
to store the personal property on the previously rented space during the term
of the agreement, but does not entitle anyone to occupy the personal property.
If such an agreement is entered, the landlord may not enter a similar agreement
with a lienholder pursuant to subsection (19) of this section until the
agreement with the personal representative or designated person ends.
(e) If a personal representative or other
person requests that a landlord enter into a storage agreement, subsection
(19)(c), (d) and (f)(C) of this section applies, with the representative or
person having the rights and responsibilities of a lienholder with regard to
the storage agreement.
(f) During the term of an agreement
described under paragraph (d) of this subsection, the representative or person
has the right to remove or sell the dwelling or home, including a sale to a
purchaser or a transfer to an heir or devisee where the purchaser, heir or
devisee wishes to leave the dwelling or home on the rented space and become a
tenant, subject to any conditions previously agreed to by the landlord and
tenant regarding the landlords approval for occupancy of a purchaser, heir or
devisee or, if there was no such agreement, any reasonable conditions by the
landlord regarding approval for occupancy of any purchaser, heir or devisee who
wishes to leave the dwelling or home on the rented space and become a tenant.
The landlord also may condition approval for occupancy of any purchaser, heir
or devisee of the dwelling or home upon payment of all unpaid storage charges
and maintenance costs.
(g) If the representative or person
violates the storage agreement, the landlord may terminate the agreement by
giving at least 30 days written notice to the representative or person stating
facts sufficient to notify the representative or person of the reason for the
termination. Unless the representative or person corrects the violation within
the notice period, the agreement terminates as provided and the landlord may
sell or dispose of the dwelling or home without further notice to the
representative or person.
(h) Upon the failure of a representative
or person to enter into a storage agreement as provided by this subsection or
upon termination of an agreement, unless the parties otherwise agree or the
representative or person has sold or removed the manufactured dwelling or
floating home, the landlord may sell or dispose of the property pursuant to
this section without further notice to the representative or person.
(21) If a governmental agency determines
that the condition of a manufactured dwelling, floating home or recreational
vehicle abandoned under this section constitutes an extreme health or safety
hazard under state or local law and the agency determines that the hazard
endangers others in the immediate vicinity and requires quick removal of the
property, the landlord may sell or dispose of the property pursuant to this
subsection. The landlord shall comply with all provisions of this section,
except as follows:
(a) The date provided in subsection (6) of
this section by which a tenant, lienholder, owner, personal representative or
designated person must contact a landlord to arrange for the disposition of the
property must be not less than 15 days after personal delivery or mailing of
the notice required by subsection (3) of this section.
(b) The date provided in subsections (8)
and (9) of this section by which a tenant, lienholder, owner, personal
representative or designated person must remove the property must be not less
than seven days after the tenant, lienholder, owner, personal representative or
designated person contacts the landlord.
(c) The notice required by subsection (3)
of this section must be as provided in subsection (5) of this section, except
that:
(A) The dates and deadlines in the notice
for contacting the landlord and removing the property must be consistent with
this subsection;
(B) The notice must state that a
governmental agency has determined that the property constitutes an extreme
health or safety hazard and must be removed quickly; and
(C) The landlord shall attach a copy of
the agencys determination to the notice.
(d) If the tenant, a lienholder, owner,
personal representative or designated person does not remove the property
within the time allowed, the landlord or a buyer at a sale by the landlord
under subsection (11) of this section shall promptly remove the property from
the facility.
(e) A landlord is not required to enter
into a storage agreement with a lienholder, owner, personal representative or
designated person pursuant to subsection (19) of this section.
(22)(a) If an official or agency referred
to in ORS 453.876 notifies the landlord that the official or agency has
determined that all or part of the premises is unfit for use as a result of the
presence of an illegal drug manufacturing site involving methamphetamine, and
the landlord complies with this subsection, the landlord is not required to
comply with subsections (1) to (21) and (23) to (26) of this section with
regard to personal property left on the portion of the premises that the
official or agency has determined to be unfit for use.
(b) Upon receiving notice from an official
or agency determining the premises to be unfit for use, the landlord shall
promptly give written notice to the tenant as provided in subsection (3) of
this section. The landlord shall also attach a copy of the notice in a secure
manner to the main entrance of the dwelling unit. The notice to the tenant
shall include a copy of the officials or agencys notice and state:
(A) That the premises, or a portion of the
premises, has been determined by an official or agency to be unfit for use due
to contamination from the manufacture of methamphetamine and that as a result
subsections (1) to (21) and (23) to (26) of this section do not apply to
personal property left on any portion of the premises determined to be unfit
for use;
(B) That the landlord has hired, or will
hire, a contractor to assess the level of contamination of the site and to
decontaminate the site;
(C) That upon hiring the contractor, the
landlord will provide to the tenant the name, address and telephone number of
the contractor; and
(D) That the tenant may contact the
contractor to determine whether any of the tenants personal property may be
removed from the premises or may be decontaminated at the tenants expense and
then removed.
(c) To the extent consistent with rules of
the Department of Human Services, the contractor may release personal property
to the tenant.
(d) If the contractor and the department
determine that the premises or the tenants personal property is not unfit for
use, upon notification by the department of the determination, the landlord
shall comply with subsections (1) to (21) and (23) to (26) of this section for
any personal property left on the premises.
(e) Except as provided in paragraph (d) of
this subsection, the landlord is not responsible for storing or returning any
personal property left on the portion of the premises that is unfit for use.
(23) In the case of an abandoned
recreational vehicle, manufactured dwelling or floating home that is owned by
someone other than the tenant, the provisions of this section regarding the
rights and responsibilities of a tenant to the abandoned vehicle, dwelling or
home also apply to that owner, with regard only to the vehicle, dwelling or
home, and not to any goods left inside or outside the vehicle, dwelling or
home.
(24) In the case of an abandoned motor
vehicle, the procedure authorized by ORS 98.830 and 98.835 for removal of
abandoned motor vehicles from private property may be used by a landlord as an
alternative to the procedures required in this section.
(25)(a) A landlord may sell or dispose of
a tenants abandoned personal property without complying with subsections (1)
to (24) and (26) of this section if, after termination of the tenancy or no
more than seven days prior to the termination of the tenancy, the following
parties so agree in a writing entered into in good faith:
(A) The landlord;
(B) The tenant, or for an abandonment as
the result of the death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to possession of the
personal property, such as an heir or devisee, as described in subsection (20)
of this section; and
(C) In the case of a manufactured
dwelling, floating home or recreational vehicle, any owner and any lienholder.
(b) A landlord may not, as part of a
rental agreement, require a tenant, a personal representative, a designated
person or any lienholder or owner to waive any right provided by this section.
(26) Until personal property is
conclusively presumed to be abandoned under subsection (9) of this section, a
landlord does not have a lien pursuant to ORS 87.152 for storing the personal
property. [Formerly 91.840; 1993 c.18 §15; 1993 c.369 §14; 1995 c.559 §31; 1997
c.577 §25; 1999 c.603 §28; 2001 c.44 §1; 2001 c.445 §165; 2001 c.596 §35; 2003
c.378 §14; 2003 c.655 §57; 2003 c.658 §5; 2005 c.5 §1; 2005 c.391 §34; 2005
c.619 §§17,18; 2007 c.906 §31]
90.426 [1995 c.758 §3; repealed by 1997 c.577 §50]
90.427
Termination of periodic tenancies; landlord remedies for tenant holdover. (1) The landlord or the tenant may terminate
a week-to-week tenancy by a written notice given to the other at least 10 days
before the termination date specified in the notice.
(2) The landlord or the tenant may
terminate a month-to-month tenancy by giving to the other, at any time during
the tenancy, not less than 30 days notice in writing prior to the date
designated in the notice for the termination of the tenancy.
(3) The tenancy shall terminate on the
date designated and without regard to the expiration of the period for which,
by the terms of the tenancy, rents are to be paid. Unless otherwise agreed,
rent is uniformly apportionable from day to day.
(4) If the tenant remains in possession
without the landlords consent after expiration of the term of the rental
agreement or its termination, the landlord may bring an action for possession.
In addition, the landlord may recover from the tenant any actual damages
resulting from the tenant holding over, including the value of any rent
accruing from the expiration or termination of the rental agreement until the
landlord knows or should know that the tenant has relinquished possession to
the landlord. If the landlord consents to the tenants continued occupancy, ORS
90.220 (6) applies.
(5) Subsections (1) and (2) of this
section shall not apply to a month-to-month tenancy subject to ORS 90.429 or
other tenancy created by a rental agreement subject to ORS 90.505 to 90.840. [Formerly
90.900; 1999 c.603 §29; 1999 c.676 §17; 2003 c.378 §15]
90.429
Termination of tenancy for certain rented spaces not covered by ORS 90.505 to
90.840. If a tenancy
consists of rented space for a manufactured dwelling or floating home that is
owned by the tenant, but the tenancy is not subject to ORS 90.505 to 90.840
because the space is not in a facility, the landlord may terminate a
month-to-month tenancy without a cause specified in ORS 90.392, 90.394 or 90.396
only by delivering a written notice of termination to the tenant not less than
180 days before the termination date designated in that notice. [Formerly
90.905; 1999 c.676 §18; 2005 c.391 §22]
90.430
Claims for possession, rent, damages after termination of rental agreement. If the rental agreement is terminated, the
landlord may have a claim for possession and for rent and a separate claim for
actual damages for breach of the rental agreement. [Formerly 91.845]
90.435
Limitation on recovery of possession of premises. A landlord may not recover or take
possession of the dwelling unit by action or otherwise, including willful
diminution of services to the tenant by interrupting or causing the
interruption of heat, running water, hot water, electricity or other essential
service to the tenant, except in case of abandonment or relinquishment, or as
permitted in this chapter in the manner provided in ORS 105.105 to 105.168. [Formerly
91.850; 1999 c.603 §30; 2003 c.378 §16]
90.440
Termination of tenancy in group recovery home; recovery of possession; damages. (1) As used in this section:
(a) Group recovery home means a place
that provides occupants with shared living facilities and that meets the
description of a group home under 42 U.S.C. 300x-25.
(b) Illegal drugs includes controlled
substances or prescription drugs:
(A) For which the tenant does not have a
valid prescription; or
(B) That are used by the tenant in a
manner contrary to the prescribed regimen.
(c) Peace officer means a sheriff,
constable, marshal or deputy or a member of a state or city police force.
(2) Notwithstanding ORS 90.375 and 90.435,
a group recovery home may terminate a tenancy and peaceably remove a tenant
without complying with ORS 105.105 to 105.168 if the tenant has used or
possessed alcohol or illegal drugs within the preceding seven days. For
purposes of this subsection, the following are sufficient proof that a tenant
has used or possessed alcohol or illegal drugs:
(a) The tenant fails a test for alcohol or
illegal drug use;
(b) The tenant refuses a request made in
good faith by the group recovery home that the tenant take a test for alcohol
or illegal drug use; or
(c) Any person has personally observed the
tenant using or possessing alcohol or illegal drugs.
(3) A group recovery home that undertakes
the removal of a tenant under this section shall personally deliver to the
tenant a written notice that:
(a) Describes why the tenant is being
removed;
(b) Describes the proof that the tenant
has used or possessed alcohol or illegal drugs within the seven days preceding
delivery of the notice;
(c) Specifies the date and time by which
the tenant must move out of the group recovery home;
(d) Explains that if the removal was
wrongful or in bad faith the tenant may seek injunctive relief to recover
possession under ORS 105.121 and may bring an action to recover monetary
damages; and
(e) Gives contact information for the
local legal services office and for the Oregon State Bars Lawyer Referral
Service, identifying those services as possible sources for free or
reduced-cost legal services.
(4) A written notice in substantially the
following form meets the requirements of subsection (3) of this section:
______________________________________________________________________________
This notice is to inform you that you must
move out of ________ (insert address of group recovery home) by ________
(insert date and time that is not less than 24 hours after delivery of notice).
The reason for this notice is ________ (specify
use or possession of alcohol or illegal drugs, as applicable, and dates of
occurrence).
The proof of your use or possession is ________
(specify facts).
If you did not use or possess alcohol or
illegal drugs within the seven days before delivery of this notice, if this
notice was given in bad faith or if your group recovery home has not
substantially complied with ORS 90.440, you may be able to get a court to order
the group recovery home to let you move back in. You may also be able to
recover monetary damages.
You may be eligible for free legal
services at your local legal services office ________ (insert telephone number)
or reduced fee legal services through the Oregon State Bar at 1-800-452-7636.
______________________________________________________________________________
(5) Within the notice period, a group
recovery home shall allow a tenant removed under this section to follow any
emergency departure plan that was prepared by the tenant and approved by the
group recovery home at the time the tenancy began. If the removed tenant does
not have an emergency departure plan, a representative of the group recovery
home shall offer to take the removed tenant to a public shelter, detoxification
center or similar location if existing in the community.
(6) The date and time for moving out
specified in a notice under subsection (3) of this section must be at least 24
hours after the date and time the notice is delivered to the tenant. If the
tenant remains on the group recovery home premises after the date and time for
moving out specified in the notice, the tenant is a person remaining unlawfully
in a dwelling as described in ORS 164.255 and not a person described in ORS
105.115. Only a peace officer may forcibly remove a tenant who remains on the group
recovery home premises after the date and time specified for moving out.
(7) A group recovery home that removes a
tenant under this section shall send a copy of the notice described in
subsection (3) of this section to the Department of Human Services no later
than 72 hours after delivering the notice to the tenant.
(8) A tenant who is removed under
subsection (2) of this section may obtain injunctive relief to recover
possession and may recover an amount equal to the greater of actual damages or
three times the tenants monthly rent if:
(a) The group recovery home removed the
tenant in bad faith or without substantially complying with this section; or
(b) If removal is under subsection (2)(c)
of this section, the removal was wrongful because the tenant did not use or
possess alcohol or illegal drugs.
(9) Notwithstanding ORS 12.125, a tenant
who seeks to obtain injunctive relief to recover possession under ORS 105.121
must commence the action to seek relief not more than 90 days after the date
specified in the notice for the tenant to move out.
(10) In any court action regarding the
removal of a tenant under this section, a group recovery home may present
evidence that the tenant used or possessed alcohol or illegal drugs within
seven days preceding the removal, whether or not the evidence was described in
the notice required by subsection (3) of this section.
(11) This section does not prevent a group
recovery home from terminating a tenancy as provided by any other provision of
this chapter and evicting a tenant as provided in ORS 105.105 to 105.168. [2007
c.715 §3]
DOMESTIC
VIOLENCE, SEXUAL ASSAULT OR STALKING
90.445
Termination of tenant committing criminal act of physical violence. (1) If a tenant perpetrates a criminal act
of physical violence related to domestic violence, sexual assault or stalking
against a household member who is a tenant, after delivery of at least 24 hours
written notice specifying the act or omission constituting the cause and
specifying the date and time of the termination, the landlord may:
(a) Terminate the rental agreement of the
perpetrating tenant, but may not terminate the rental agreement of the other
tenants; and
(b) If the perpetrator of the criminal act
of physical violence related to domestic violence, sexual assault or stalking
continues to occupy the premises after the termination date and time specified
in the notice, seek a court order under ORS 105.128 to remove the perpetrator
from the premises and terminate the perpetrators tenancy without seeking a
return of possession from the remaining tenants.
(2) A landlord that terminates the tenancy
of a perpetrator under this section may not require the remaining tenants to
pay additional rent or an additional deposit or fee due to exclusion of the
perpetrator.
(3) The perpetrator is jointly liable with
any other tenants of the dwelling unit for rent or damages to the premises
incurred prior to the later of the date the perpetrator vacates the premises or
the termination date specified in the notice.
(4) The landlords burden of proof in a
removal action sought under this section is by a preponderance of the evidence.
[2007 c.508 §3]
90.449
Landlord discrimination against victim; exception; tenant defenses and
remedies. (1) A landlord may
not terminate or fail to renew a tenancy or refuse to enter into a rental
agreement:
(a) Because a tenant or applicant is, or
has been, a victim of domestic violence, sexual assault or stalking.
(b) Because of a violation of the rental
agreement or a provision of this chapter, if the violation consists of an
incident of domestic violence, sexual assault or stalking committed against the
tenant or applicant.
(c) Because of criminal activity relating
to domestic violence, sexual assault or stalking in which the tenant or applicant
is the victim, or of any police or emergency response related to domestic
violence, sexual assault or stalking in which the tenant or applicant is the
victim.
(2) A landlord may not impose different
rules, conditions or standards or selectively enforce rules, conditions or
standards against a tenant or applicant on the basis that the tenant or
applicant is or has been a victim of domestic violence, sexual assault or
stalking.
(3) Notwithstanding subsections (1) and
(2) of this section, a landlord may terminate the tenancy of a victim of
domestic violence, sexual assault or stalking if the landlord has previously
given the tenant a written warning regarding the conduct of the perpetrator
relating to domestic violence, sexual assault or stalking and:
(a) The tenant permits or consents to the
perpetrators presence on the premises and the perpetrator is an actual and
imminent threat to the safety of persons on the premises other than the victim;
or
(b) The perpetrator is an unauthorized
occupant and the tenant permits or consents to the perpetrator living in the
dwelling unit without the permission of the landlord.
(4) If a landlord violates this section:
(a) A tenant or applicant may recover up
to two months periodic rent or twice the actual damages sustained by the
tenant or applicant, whichever is greater;
(b) The tenant has a defense to an action
for possession by the landlord; and
(c) The applicant may obtain injunctive
relief to gain possession of the dwelling unit.
(5) Notwithstanding ORS 105.137 (4), if a
tenant asserts a successful defense under subsection (4) of this section to an
action for possession, the tenant is not entitled to prevailing party fees,
attorney fees or costs and disbursements if the landlord:
(a) Did not know, and did not have
reasonable cause to know, at the time of commencing the action that a violation
or incident on which the action was based was related to domestic violence,
sexual assault or stalking; and
(b) Promptly dismissed tenants other than
the perpetrator from the action upon becoming aware that the violation or
incident on which the action was based was related to domestic violence, sexual
assault or stalking. [2007 c.508 §4]
90.450 [Formerly 90.940; 1997 c.303 §5; 1999 c.603 §31;
renumbered 90.465 in 2007]
90.453
Termination by tenant who is victim of domestic violence, sexual assault or
stalking; verification statement. (1) As used in this section:
(a) Qualified third party means a person
that has had individual contact with the tenant and is a law enforcement
officer, attorney or licensed health professional or is a victims advocate at
a victim services provider.
(b) Verification means:
(A) A copy of a valid order of protection
issued by a court pursuant to ORS 30.866, 107.095 (1)(c), 107.716, 107.718 or
163.738 or any other federal, state, local or tribal court order that restrains
a person from contact with the tenant;
(B) A copy of a federal agency or state,
local or tribal police report regarding an act of domestic violence, sexual
assault or stalking against the tenant;
(C) A copy of a conviction of any person
for an act of domestic violence, sexual assault or stalking against the tenant;
or
(D) A statement substantially in the form
set forth in subsection (3) of this section.
(c) Victim services provider means:
(A) A nonprofit agency or program
receiving moneys administered by the Department of Human Services or the
Department of Justice that offers safety planning, counseling, support or
advocacy to victims of domestic violence, sexual assault or stalking; or
(B) A prosecution-based victim assistance
program or unit.
(2)(a) If a tenant gives a landlord at
least 14 days written notice, and the notice so requests, the landlord shall
release the tenant from the rental agreement.
(b) The notice given by the tenant must
specify the release date.
(c) The notice must be accompanied by
verification that the tenant:
(A) Is protected by a valid order of
protection; or
(B) Has been the victim of domestic
violence, sexual assault or stalking within the 90 days preceding the date of
the notice. For purposes of this subparagraph, any time the perpetrator was
incarcerated or residing more than 100 miles from the victims home does not
count as part of the 90-day period.
(3) A verification statement must be
signed by the tenant and the qualified third party and be in substantially the
following form:
______________________________________________________________________________
QUALIFIED THIRD PARTY
VERIFICATION
______________________
Name of
qualified third party
______________________
Name of
tenant
PART 1.
STATEMENT BY TENANT
I, ________ (Name
of tenant), do hereby state as follows:
(A) I or a minor member of my household
have been a victim of domestic violence, sexual assault or stalking, as those
terms are defined in ORS 90.100.
(B) The most recent incident(s) that I
rely on in support of this statement occurred on the following date(s): _________.
___ The time
since the most recent incident took place is less than 90 days; or
___ The time
since the most recent incident took place is less than 90 days if periods when
the perpetrator was incarcerated or was living more than 100 miles from my home
are not counted. The perpetrator was incarcerated from ____________ to ____________.
The perpetrator lived more than 100 miles from my home from ___________ to ___________.
(C) I hereby declare that the above
statement is true to the best of my knowledge and belief, and that I understand
it is made for use as evidence in court and is subject to penalty for perjury.
______________________
(Signature of
tenant)
Date: ________
PART 2.
STATEMENT BY QUALIFIED THIRD PARTY
I, ________ (Name
of qualified third party), do hereby verify as follows:
(A) I am a law enforcement officer,
attorney or licensed health professional or a victims advocate with a victims
services provider, as defined in ORS 90.453.
(B) My name, business address and business
telephone are as follows:
______________________
______________________
______________________
(C) The person who signed the statement
above has informed me that the person or a minor member of the persons
household is a victim of domestic violence, sexual assault or stalking, based
on incidents that occurred on the dates listed above.
(D) I reasonably believe the statement of
the person above that the person or a minor member of the persons household is
a victim of domestic violence, sexual assault or stalking, as those terms are
defined in ORS 90.100. I understand that the person who made the statement may
use this document as a basis for gaining a release from the rental agreement
with the persons landlord.
I hereby declare that the above statement
is true to the best of my knowledge and belief, and that I understand it is
made for use as evidence in court and is subject to penalty for perjury.
______________________
(Signature of
qualified third party
making this
statement)
Date: ________
______________________________________________________________________________
(4) A tenant who is released from a rental
agreement pursuant to subsection (2) of this section:
(a) Is not liable for rent or damages to
the dwelling unit incurred after the release date; and
(b) Is not subject to any fee solely
because of termination of the rental agreement.
(5) Notwithstanding the release from a
rental agreement of a tenant who is a victim of domestic violence, sexual
assault or stalking, any other tenant remains subject to the rental agreement.
(6) A landlord may not disclose any
information provided by a tenant under this section to a third party unless the
disclosure is:
(a) Consented to in writing by the tenant;
(b) Required for use in an eviction
proceeding;
(c) Made to a qualified third party; or
(d) Required by law.
(7) The provision of a verification
statement under subsection (2) of this section does not waive the confidential
or privileged nature of a communication between the victim of domestic
violence, sexual assault or stalking and a qualified third party. [2003 c.378 §4;
2007 c.508 §9]
90.456
Other tenants remaining in dwelling unit following tenant termination or
exclusion due to domestic violence, sexual assault or stalking. Notwithstanding the release of a victim of
domestic violence, sexual assault or stalking from a rental agreement under ORS
90.453 or the exclusion of a perpetrator of domestic violence, sexual assault
or stalking as provided in ORS 90.459 or 105.128, if there are any remaining
tenants of the dwelling unit, the tenancy shall continue for those tenants. Any
fee, security deposit or prepaid rent paid by the victim, perpetrator or other
tenants shall be applied, accounted for or refunded by the landlord following
termination of the tenancy and delivery of possession by the remaining tenants
as provided in ORS 90.300 and 90.302. [2003 c.378 §6; 2007 c.508 §10; 2007
c.508 §11]
90.459
Change of locks at request of tenant who is victim of domestic violence, sexual
assault or stalking. (1) A
tenant may give actual notice to the landlord that the tenant is a victim of
domestic violence, sexual assault or stalking and may request that the locks to
the dwelling unit be changed. A tenant is not required to provide verification
of the domestic violence, sexual assault or stalking to initiate the changing
of the locks.
(2) A landlord who receives a request
under subsection (1) of this section shall promptly change the locks to the
tenants dwelling unit at the tenants expense or shall give the tenant
permission to change the locks. If a landlord fails to promptly act, the tenant
may change the locks without the landlords permission. If the tenant changes
the locks, the tenant shall give a key to the new locks to the landlord.
(3) If the perpetrator of the domestic
violence, sexual assault or stalking is a tenant in the same dwelling unit as
the victim:
(a) Before the landlord or tenant changes
the locks under this section, the tenant must provide the landlord with a copy
of an order issued by a court pursuant to ORS 107.716 or 107.718 or any other
federal, state, local or tribal court that orders the perpetrator to move out
of the dwelling unit.
(b) The landlord has no duty under the
rental agreement or by law to allow the perpetrator access to the dwelling unit
or provide keys to the perpetrator, during the term of the court order or after
expiration of the court order, or to provide the perpetrator access to the
perpetrators personal property within the dwelling unit. Notwithstanding ORS
90.425, 90.435 or 90.675, if a landlord complies completely and in good faith
with this section, the landlord is not liable to a perpetrator excluded from
the dwelling unit.
(c) The perpetrator is jointly liable with
any other tenant of the dwelling unit for rent or damages to the dwelling unit
incurred prior to the date the perpetrator was excluded from the dwelling unit.
(d) Except as provided in subsection (2)
of this section, the landlord may not require the tenant to pay additional rent
or an additional deposit or fee because of the exclusion of the perpetrator.
(e) The perpetrators tenancy terminates
by operation of law upon an order described in paragraph (a) of this subsection
becoming a final order. [2003 c.378 §5; 2007 c.508 §11]
MISCELLANEOUS
90.465
Right of city to recover from owner for costs of relocating tenant due to
condemnation; defense. (1) A
city with a population that exceeds 300,000 shall have a right of action
against the owner of any premises to recover the reasonable costs of relocation
incurred by the city because the condition of the premises causes condemnation
and relocation of the tenants at public expense. In order to recover the costs,
the city must allege and prove that, due to action or inaction of the owner,
the premises are or have been in multiple and material violation of applicable
health or safety codes for a period of more than 30 days and that the violation
endangers the health or safety of the tenants or the public, or both.
(2) It shall be an affirmative defense to
recovery of relocation costs incurred for any tenant that the condition was
caused by the action or negligence of that tenant.
(3) The official responsible for city code
enforcement shall notify the owner in writing when the official finds the
premises to be in a condition that may cause tenant relocation. The notice
shall also inform the owner of the potential liability for relocation costs.
(4) A landlord may not terminate a rental
agreement because of the receipt of the notice required by subsection (3) of
this section except for the reasons set forth in ORS 90.385 (4). The owner is
not liable for tenant relocation costs if the termination is for the reasons
set forth in ORS 90.385 (4)(b).
(5) The action provided in subsection (1)
of this section is in addition to any other action that may be brought against
an owner under any other provision of law. [Formerly 90.450]
90.472
Termination by tenant called into active state service by Governor. (1) As used in this section, state service
member means a member of the organized militia who is called into active
service of the state by the Governor under ORS 399.065 (1) for 90 or more
consecutive days.
(2) A tenant may terminate a rental
agreement upon written notice if the tenant provides the landlord with proof of
official orders showing that the tenant is a state service member.
(3) A termination of a rental agreement
under this section is effective the earlier of:
(a) Thirty days after the date the next
rental payment is due; or
(b) On the last day of the month after the
month in which written notice is given.
(4) Notwithstanding ORS 90.300 (5)(a),
90.302 (3)(d) and 90.430, a tenant who terminates a lease under subsection (2)
of this section is not:
(a) Subject to a penalty, fee, charge or
loss of deposit because of the termination; or
(b) Liable for any rent beyond the
effective date of the termination as determined under subsection (3) of this
section. [2003 c.387 §2]
90.475
Termination by tenant due to service with Armed Forces. (1) A tenant may terminate a rental
agreement upon written notice if the tenant provides the landlord with proof of
official orders showing that the tenant is:
(a) Enlisting for active service in the
Armed Forces of the
(b) Serving as a member of a National
Guard or other reserve component or an active service component of the Armed
Forces of the
(c) Terminating active service in the
Armed Forces of the
(d) A member of the Public Health Service
of the United States Department of Health and Human Services detailed by proper
authority for duty with the Army or Navy of the United States and:
(A) Ordered to active service outside the
area for a period that will exceed 90 days; or
(B) Terminating the duty and moving
outside the area within the period that the member is entitled by federal law
to the storage or shipment of household goods.
(2) As used in subsection (1) of this
section, Armed Forces of the
(3) A termination of a rental agreement
under this section is effective on the earlier of:
(a) A date determined under the provisions
of any applicable federal law; or
(b) The later of:
(A) 30 days after delivery of the notice;
(B) 30 days before the earliest reporting
date on orders for active service;
(C) A date specified in the notice; or
(D) 90 days before the effective date of
the orders if terminating duty described under subsection (1)(d)(B) of this
section or terminating any active service described in this section.
(4) Notwithstanding ORS 90.300 (5)(a),
90.302 (3)(d) and 90.430, a tenant who terminates a lease under subsection (1)
of this section is not:
(a) Subject to a penalty, fee, charge or
loss of deposit because of the termination; or
(b) Liable for any rent beyond the
effective date of the termination as determined under subsection (3) of this
section. [1999 c.276 §2]
90.485
Restrictions on landlord removal of vehicle; exceptions. (1) A landlord may have a motor vehicle
removed from the premises only in compliance with this section and either ORS
98.810 to 98.818 or ORS 98.830, 98.835 and 98.840.
(2) Except as provided in ORS 90.425
regarding abandoned vehicles, a landlord may have a motor vehicle removed from
the premises without notice to the owner or operator of the vehicle only if the
vehicle:
(a) Blocks or prevents access by emergency
vehicles;
(b) Blocks or prevents entry to the
premises;
(c) Violates a prominently posted parking
prohibition;
(d) Blocks or is unlawfully parked in a
space reserved for persons with disabilities;
(e) Is parked in an area not intended for
motor vehicles including, but not limited to, sidewalks, lawns and landscaping;
(f) Is parked in a space reserved for
tenants and does not display a parking tag, sticker or other device, as
provided by subsection (3) of this section; or
(g) Is parked in a specific space assigned
to a tenant, as provided by subsection (4) of this section.
(3) A landlord may have a motor vehicle
removed from the premises under subsection (2)(f) of this section only if the
landlord:
(a) Provides parking tags, stickers or
other devices that identify vehicles that are authorized to be parked on the
premises; and
(b) Enters into written agreements with the
owners or operators of vehicles authorized to park on the premises that:
(A) Authorize the landlord to have a
vehicle removed from the premises without notice for failing to display the
parking tag, sticker or other device;
(B) Unless the information is disclosed on
prominent signs posted on the premises, disclose to the owners or operators of
authorized vehicles the name, address and contact information of the tow
company that is authorized to remove vehicles from the premises; and
(C) Specify whether guest parking is
allowed and, if guest parking is allowed, describe methods for identifying
guest parking spaces or identifying authorized guest vehicles.
(4) If a landlord assigns a specific
parking space to a tenant, the landlord may have a vehicle towed under
subsection (2)(g) of this section from the assigned parking space only with the
agreement of the tenant. The landlord may not require the tenant to agree to
towing.
(5) A landlord may have a motor vehicle
that is inoperable, but otherwise parked in compliance with an agreement
between the landlord and the owner or operator of the vehicle, removed from the
premises if the landlord affixes a prominent notice to the vehicle stating that
the vehicle will be towed if the vehicle is not removed or otherwise brought
into compliance with the agreement. The landlord must affix the notice required
by this subsection at least 72 hours before the vehicle may be removed.
(6) A landlord may not have a motor
vehicle removed under this section because the vehicles registration has
expired or is otherwise invalid.
(7) This section does not:
(a) Apply to a landlord of a facility.
(b) Affect the obligations imposed on a
landlord under ORS 98.810 to 98.818 or under ORS 98.830, 98.835 and 98.840. [2007
c.565 §2]
90.490
Prohibited acts in anticipation of notice of conversion to condominium;
damages. (1) A tenant may
bring an action against a building landlord if for the purpose of avoiding, or
assisting a declarant of a conversion condominium in avoiding, the requirements
under ORS 100.301 to 100.320:
(a) Within one year before the declarant
records the declaration under ORS 100.100, the landlord gives a tenant a 30-day
notice without stated cause; or
(b) Within one year before the declarant
records the declaration under ORS 100.100, the landlord increases the rent in
excess of the percentage increase in the Portland-Salem Consumer Price Index
for All Urban Consumers for All Items as reported by the United States Bureau
of Labor Statistics.
(2) If a court finds that a landlord has
taken an action described in subsection (1) of this section for the purpose of
avoiding, or assisting a declarant of a conversion condominium in avoiding, the
requirements under ORS 100.301 to 100.320, the court may award the tenant the
greater of:
(a) Six times the monthly rent for the
dwelling unit; or
(b) Twice the actual damages to the tenant
arising out of the termination or rent increase.
(3) The time allowed under ORS 12.125 to
commence an action under this section begins on the date the declarant records
the declaration under ORS 100.100. [2007 c.705 §6]
Note: Section 7 (1) and (2), chapter 705, Oregon
Laws 2007, provides:
Sec.
7. (1) Section 5 of this
2007 Act [90.493] applies to rental agreement terminations and rent increases
occurring on or after the effective date of this 2007 Act [January 1, 2008].
(2) Section 6 of this 2007 Act [90.490]
applies to eviction notices served, and rent increases imposed, on or after the
effective date of this 2007 Act. [2007 c.705 §7(1),(2)]
90.493
Prohibited acts following notice of conversion to condominium; damages. (1) The landlord of a building for which a
declarant of a conversion condominium has issued the tenant a notice of
conversion under ORS 100.305 may not:
(a) Give the tenant a 30-day notice
without stated cause that causes the tenancy to terminate on a date that is
prior to the end of the 120-day period described in ORS 100.305 or the 60-day
period described in ORS 100.310; or
(b) Increase the rent for the dwelling
unit in excess of:
(A) Any scheduled increase provided for in
a written rental agreement; or
(B) A percentage equal to the percentage
increase in the Portland-Salem Consumer Price Index for All Urban Consumers for
All Items as reported by the United States Bureau of Labor Statistics.
(2) A tenant may bring an action against a
landlord that violates subsection (1) of this section to recover the greater
of:
(a) Six times the monthly rent for the
dwelling unit; or
(b) Twice the actual damages to the tenant
arising out of the termination. [2007 c.705 §5]
Note: See note under 90.490.
90.500 [Formerly 91.868; 1991 c.844 §4; 1993 c.580 §2;
repealed by 1995 c.559 §58]
MANUFACTURED
DWELLING AND FLOATING HOME SPACES
(General
Provisions)
90.505
Definition for ORS 90.505 to 90.840; application of statutes. (1) As used in ORS 90.505 to 90.840, rent a
space for a manufactured dwelling or floating home, or similar wording, means
a transaction creating a rental agreement in which the owner of a manufactured
dwelling or floating home secures the right to locate the dwelling or home on
the real property of another in a facility for use as a residence in return for
value, and in which the owner of the manufactured dwelling or floating home
retains no interest in the real property at the end of the transaction.
(2) Unless otherwise provided, ORS 90.100
to 90.465 apply to rental agreements that are subject to ORS 90.505 to 90.840.
However, to the extent of inconsistency, the applicable provisions of ORS
90.505 to 90.840 control over the provisions of ORS 90.100 to 90.465. [Formerly
91.873; 1991 c.844 §5; 1999 c.676 §19]
90.510
Statement of policy; rental agreement; rules and regulations; remedies. (1) Every landlord who rents a space for a
manufactured dwelling or floating home shall provide a written statement of
policy to prospective and existing tenants. The purpose of the statement of
policy is to provide disclosure of the landlords policies to prospective
tenants and to existing tenants who have not previously received a statement of
policy. The statement of policy is not a part of the rental agreement. The
statement of policy shall provide all of the following information in summary
form:
(a) The location and approximate size of
the space to be rented.
(b) The federal fair-housing age
classification and present zoning that affect the use of the rented space.
(c) The facility policy regarding rent
adjustment and a rent history for the space to be rented. The rent history
must, at a minimum, show the rent amounts on January 1 of each of the five
preceding calendar years or during the length of the landlords ownership,
leasing or subleasing of the facility, whichever period is shorter.
(d) The personal property, services and
facilities that are provided by the landlord.
(e) The installation charges that are
imposed by the landlord and the installation fees that are imposed by
government agencies.
(f) The facility policy regarding rental
agreement termination including, but not limited to, closure of the facility.
(g) The facility policy regarding facility
sale.
(h) The facility policy regarding informal
dispute resolution.
(i) The utilities and services that are
available, the name of the person furnishing them and the name of the person
responsible for payment.
(j) If a tenants association exists for
the facility, a one-page summary about the tenants association. The tenants
association shall provide the summary to the landlord.
(k) Any facility policy regarding the
removal of a manufactured dwelling, including a statement that removal
requirements may impact the market value of a dwelling.
(2) The rental agreement and the facility
rules and regulations shall be attached as an exhibit to the statement of
policy. If the recipient of the statement of policy is a tenant, the rental
agreement attached to the statement of policy must be a copy of the agreement
entered by the landlord and tenant.
(3) The landlord shall give:
(a) Prospective tenants a copy of the
statement of policy before the prospective tenants sign rental agreements;
(b) Existing tenants who have not
previously received a copy of the statement of policy and who are on
month-to-month rental agreements a copy of the statement of policy at the time
a 90-day notice of a rent increase is issued; and
(c) All other existing tenants who have
not previously received a copy of the statement of policy a copy of the
statement of policy upon the expiration of their rental agreements and before
the tenants sign new agreements.
(4) Every landlord who rents a space for a
manufactured dwelling or floating home shall provide a written rental
agreement, except as provided by ORS 90.710 (2)(d). The agreement must be
signed by the landlord and tenant and may not be unilaterally amended by one of
the parties to the contract except by:
(a) Mutual agreement of the parties;
(b) Actions pursuant to ORS 90.530, 90.537
or 90.600; or
(c) Those provisions required by changes
in statute or ordinance.
(5) The agreement required by subsection
(4) of this section must specify:
(a) The location and approximate size of
the rented space;
(b) The federal fair-housing age
classification;
(c) The rent per month;
(d) All personal property, services and
facilities to be provided by the landlord;
(e) All security deposits, fees and
installation charges imposed by the landlord;
(f) Improvements that the tenant may or
must make to the rental space, including plant materials and landscaping;
(g) Provisions for dealing with
improvements to the rental space at the termination of the tenancy;
(h) Any conditions the landlord applies in
approving a purchaser of a manufactured dwelling or floating home as a tenant
in the event the tenant elects to sell the home. Those conditions must be in
conformance with state and federal law and may include, but are not limited to,
conditions as to pets, number of occupants and screening or admission criteria;
(i) That the tenant may not sell the
tenants manufactured dwelling or floating home to a person who intends to
leave the manufactured dwelling or floating home on the rental space until the
landlord has accepted the person as a tenant;
(j) The term of the tenancy;
(k) The process by which the rental
agreement or rules and regulations may be changed, which shall identify that
the rules and regulations may be changed with 60 days notice unless tenants of
at least 51 percent of the eligible spaces file an objection within 30 days;
and
(L) The process by which the landlord or
tenant shall give notices.
(6) Every landlord who rents a space for a
manufactured dwelling or floating home shall provide rules and regulations
concerning the tenants use and occupancy of the premises. A violation of the
rules and regulations may be cause for termination of a rental agreement.
However, this subsection does not create a presumption that all rules and
regulations are identical for all tenants at all times. A rule or regulation
shall be enforceable against the tenant only if:
(a) The rule or regulation:
(A) Promotes the convenience, safety or
welfare of the tenants;
(B) Preserves the landlords property from
abusive use; or
(C) Makes a fair distribution of services
and facilities held out for the general use of the tenants.
(b) The rule or regulation:
(A) Is reasonably related to the purpose
for which it is adopted and is reasonably applied;
(B) Is sufficiently explicit in its
prohibition, direction or limitation of the tenants conduct to fairly inform
the tenant of what the tenant shall do or may not do to comply; and
(C) Is not for the purpose of evading the
obligations of the landlord.
(7)(a) A landlord who rents a space for a
manufactured dwelling or floating home may adopt a rule or regulation regarding
occupancy guidelines. If adopted, an occupancy guideline in a facility must be
based on reasonable factors and not be more restrictive than limiting occupancy
to two people per bedroom.
(b) As used in this subsection:
(A) Reasonable factors may include but are
not limited to:
(i) The size of the dwelling.
(ii) The size of the rented space.
(iii) Any discriminatory impact for
reasons identified in ORS 659A.421.
(iv) Limitations placed on utility
services governed by a permit for water or sewage disposal.
(B) Bedroom means a room that is
intended to be used primarily for sleeping purposes and does not include
bathrooms, toilet compartments, closets, halls, storage or utility space and
similar areas.
(8) Intentional and deliberate failure of
the landlord to comply with subsections (1) to (3) of this section is cause for
suit or action to remedy the violation or to recover actual damages. The
prevailing party is entitled to reasonable attorney fees and court costs.
(9) A receipt signed by the potential
tenant or tenants for documents required to be delivered by the landlord
pursuant to subsections (1) to (3) of this section is a defense for the
landlord in an action against the landlord for nondelivery of the documents.
(10) A suit or action arising under
subsection (8) of this section must be commenced within one year after the
discovery or identification of the alleged violation.
(11) Every landlord who publishes a
directory of tenants and tenant services must include a one-page summary
regarding any tenants association. The tenants association shall provide the
summary to the landlord. [Formerly 91.875; 1991 c.844 §6; 1993 c.580 §3; 1995
c.559 §34; 1997 c.304 §3; 1997 c.305 §1; 1997 c.577 §26; 1999 c.603 §32; 1999
c.676 §20; 2001 c.596 §35a; 2005 c.22 §63; 2005 c.391 §23; 2005 c.619 §19b]
90.512
Definitions for ORS 90.514 and 90.518. As used in this section and ORS 90.514, 90.516 and 90.518:
(1) Buyer has the meaning given that
term in ORS 72.1030.
(2) Converted rental space means a
rental lot that is located in a subdivision created as provided under ORS
92.010 to 92.190.
(3) Improvements has the meaning given
that term in ORS 646A.050.
(4) Manufactured dwelling park means any
place where four or more manufactured dwellings are located within 500 feet of
one another on a lot, tract or parcel of land under the same ownership, the primary
purpose of which is to rent or lease space or keep space for rent or lease to
any person for a charge or fee paid or to be paid for the rental or lease or
use of facilities or to offer space free in connection with securing the trade
or patronage of the person.
(5) Provider means a contractor,
manufactured dwelling dealer or landlord that is licensed under ORS chapter 701
and that contracts with a buyer for improvements to be made to a manufactured
dwelling site in a manufactured dwelling park or to a converted rental space.
(6) Statement of estimated costs means a
written list of the charges, fees, services, goods and accessories that a
provider knows or should know are associated with the making of an improvement
contracted by the provider and the total estimated cost to the buyer for the
improvement. [2001 c.282 §2; 2001 c.969 §4; 2005 c.41 §3]
90.514
Disclosure to prospective tenant of improvements required under rental
agreement. (1) Before a
prospective tenant signs a rental agreement for space in a manufactured
dwelling park or for a converted rental space, the landlord must provide the
prospective tenant with a written statement that discloses the improvements
that the landlord will require under the rental agreement. The written statement
must be in the format developed by the Attorney General pursuant to ORS 90.516
and include at least the following:
(a) A notice that the tenant may select
and contract directly with a contractor to be the provider of an improvement.
(b) Separately stated and identifiable
information for each required improvement that specifies:
(A) The dimensions, materials and finish
for improvements to be constructed;
(B) The installation charges imposed by
the landlord and the installation fees imposed by government agencies;
(C) The system development charges to be
paid by the tenant; and
(D) The site preparation requirements and
restrictions, including, but not limited to, requirements and restrictions on
the use of plants and landscaping.
(c) Identification of the improvements
that belong to the tenant and the improvements that must remain with the space.
(2) Except as provided in ORS 41.740, a
written statement provided under this section is considered to contain all of
the terms relating to improvements that a prospective tenant must make under
the rental agreement. There may be no evidence of the terms of the written
statement other than the contents of the written statement. [2001 c.282 §3;
2005 c.41 §4]
90.515 [1991 c.844 §2; repealed by 1995 c.559 §58]
90.516
Model statement for disclosure of improvements required under rental agreement;
rules. The Attorney General,
by rule, shall adopt a model written statement for use by manufactured dwelling
park and converted rental space landlords pursuant to ORS 90.514. [2001 c.282 §5;
2005 c.41 §5]
90.518
Provider statement of estimated cost of improvements. (1) A provider shall give the buyer a
statement of estimated costs for all improvements to be made under a contract
between the buyer and the provider. The provider shall deliver the statement of
estimated costs to the buyer before work commences on any of the improvements
covered by the contract.
(2) If a provider fails to give a
statement of estimated costs or knowingly fails to give a complete statement of
estimated costs, a buyer who does not have actual notice of the total cost for
an improvement and suffers an ascertainable loss due to the failure by the
provider may bring an action to recover the greater of actual damages or $200.
(3) Except as provided in ORS 41.740, a
statement of estimated costs given under this section is considered to contain
all of the terms of the contract between the buyer and the provider. The
contents of the statement of estimated costs are the only admissible evidence
of the terms of the contract between the buyer and the provider. [2001 c.282 §4;
2005 c.41 §6]
90.525
Unreasonable conditions of rental or occupancy prohibited. (1) No landlord shall impose conditions of
rental or occupancy which unreasonably restrict the tenant or prospective
tenant in choosing a fuel supplier, furnishings, goods, services or
accessories.
(2) No landlord of a facility shall
require the prospective tenant to purchase a manufactured dwelling or floating
home from a particular dealer or one of a group of dealers.
(3) No landlord renting a space for a
manufactured dwelling or floating home shall give preference to a prospective
tenant who purchased a manufactured dwelling or floating home from a particular
dealer.
(4) No manufactured dwelling or floating
home dealer shall require, as a condition of sale, a purchaser to rent a space
for a manufactured dwelling or floating home in a particular facility or one of
a group of facilities. [Formerly 91.895; 1991 c.844 §7]
90.528
Use of common areas or facilities. (1) A landlord who rents a space for a manufactured dwelling may
require a deposit for the use of common areas or facilities by a tenant or
tenants. The amount of any deposit charged for the use of common areas or
facilities shall be reasonably based on the potential cleaning cost or other
costs associated with the use of the area or facility. Conditions for return of
a deposit shall be stated in writing and made available to the tenant or
tenants placing the deposit.
(2) No tenant shall be required to acquire
a bond or insurance policy as a precondition for the use of common areas or
facilities.
(3) A landlord who rents a space for a
manufactured dwelling shall not prohibit use of a common area or facility if
the purpose of the prohibition is to prevent the use of the area or facility
for tenant association meetings, tenant organizing meetings or other lawful
tenant activities. [1997 c.303 §§3,4]
Note: 90.528 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 90 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
90.530
Pets in facilities; rental agreements; violations. (1) Notwithstanding a change in the rules
and regulations of a manufactured dwelling or floating home facility that would
prohibit pets, a tenant may keep a pet that is otherwise legally living with
the tenant at the time the landlord provides notice of the proposed change to
the rules and regulations of the facility. The tenant may replace a pet with a
pet similar to the one living with the tenant at the time the landlord provided
notice of the proposed change. New rules and regulations that regulate the
activities of pets shall apply to all pets in the facility, including those
pets that were living in the facility prior to the adoption of the new rules or
regulations.
(2) A rental agreement between a landlord
renting a space for a manufactured dwelling or floating home and a tenant
renting the space must comply with the following:
(a) A landlord may not charge a one-time,
monthly or other periodic amount based on the tenants possession of a pet.
(b) A landlord may provide written rules
regarding control, sanitation, number, type and size of pets. The landlord may
require the tenant to sign a pet agreement and to provide proof of liability
insurance. The landlord may require the tenant to make the landlord a
co-insured for the purpose of receiving notice in the case of cancellation of
the insurance.
(c) A landlord may charge a tenant an
amount for a violation of a written pet agreement or rules relating to pets not
to exceed $50 for each violation. [1997 c.304 §2; 2001 c.596 §35b; 2003 c.378 §17]
90.531
Definitions for ORS 90.531 to 90.539. As used in ORS 90.531 to 90.539:
(1) Submeter means a device owned or
under the control of a landlord and used to measure a utility or service
actually provided to a tenant at the tenants space.
(2) Utility or service has the meaning
given that term in ORS 90.315. [2005 c.619 §5]
90.532
Billing methods for utility or service charges; system maintenance; restriction
on charging for water. (1)
Subject to the policies of the utility or service provider, a landlord may
provide for utilities or services to tenants by one or more of the following
billing methods:
(a) A relationship between the tenant and
the utility or service provider in which:
(A) The provider provides the utility or
service directly to the tenants space, including any utility or service line,
and bills the tenant directly; and
(B) The landlord does not act as a
provider.
(b) A relationship between the landlord,
tenant and utility or service provider in which:
(A) The provider provides the utility or
service to the landlord;
(B) The landlord provides the utility or
service directly to the tenants space or to a common area available to the
tenant as part of the tenancy; and
(C) The landlord includes the cost of the
utility or service in the tenants rent or bills the tenant for a utility or
service charge separately from the rent in an amount determined by apportioning
the providers charge to the landlord as measured by a master meter.
(c) A relationship between the landlord,
tenant and utility or service provider in which:
(A) The provider provides the utility or
service to the landlord;
(B) The landlord provides the utility or
service directly to the tenants space; and
(C) The landlord uses a submeter to
measure the utility or service actually provided to the space and bills the
tenant for a utility or service charge for the amount provided.
(2) To assess a tenant for a utility or
service charge for any billing period, the landlord shall give the tenant a
written notice stating the amount of the utility or service charge that the
tenant is to pay the landlord and the due date for making the payment. The due
date may not be less than 14 days from the date of service of the notice.
(3) A utility or service charge is not
rent or a fee. Nonpayment of a utility or service charge 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 90.630.
(4) The landlord is responsible for
maintaining the utility or service system, including any submeter, consistent
with ORS 90.730. After any installation or maintenance of the system on a
tenants space, the landlord shall restore the space to a condition that is the
same as or better than the condition of the space before the installation or
maintenance.
(5) A landlord may not assess a utility or
service charge for water unless the water is provided to the landlord by a:
(a) Public utility as defined in ORS
757.005;
(b) Municipal utility operating under ORS
chapter 225;
(c) Peoples utility district organized
under ORS chapter 261;
(d) Cooperative organized under ORS
chapter 62;
(e) Domestic water supply district
organized under ORS chapter 264; or
(f) Water improvement district organized
under ORS chapter 552.
(6) A landlord who provides utilities or services
only to tenants of the landlord in compliance with this section and ORS 90.534
and 90.536 is not a public utility for purposes of ORS chapter 757. [2005 c.619
§6; 2007 c.71 §24]
90.534
Allocated charges for utility or service provided directly to space or common
area. (1) If a written
rental agreement so provides, a landlord using the billing method described in
ORS 90.532 (1)(b) may require a tenant to pay to the landlord a utility or
service charge that has been billed by a utility or service provider to the
landlord for a utility or service provided directly to the tenants space or to
a common area available to the tenant as part of the tenancy.
(2) A utility or service charge that is
assessed to tenants for the tenants spaces under this section must be
allocated among the tenants by a method that reasonably apportions the cost
among the affected tenants and that is described in the rental agreement.
Methods that reasonably apportion the cost among the tenants include, but are
not limited to, methods that divide the cost based on the number of occupied
spaces in the facility or on the square footage in each dwelling, home or
space.
(3) A utility or service charge to be
assessed to a tenant for a common area must be described in the written rental
agreement separately and distinctly from the utility or service charge for the
tenants space.
(4) A landlord may not increase the
utility or service charge to the tenant by adding any costs of the landlord,
such as a handling or administrative charge, other than those costs billed to
the landlord by the provider for utilities or services. [2005 c.619 §7]
90.536
Charges for utilities or services measured by submeter. (1) If a written rental agreement so
provides, a landlord using the billing method described in ORS 90.532 (1)(c)
may require a tenant to pay to the landlord a utility or service charge that
has been billed by a utility or service provider to the landlord for utility or
service provided directly to the tenants space as measured by a submeter.
(2) A utility or service charge to be
assessed to a tenant under this section may consist of:
(a) The cost of the utility or service
provided to the tenants space and under the tenants control, as measured by
the submeter, at a rate no greater than the average rate billed to the landlord
by the utility or service provider, not including any base or service charge;
(b) The cost of any sewer service for
stormwater or wastewater as a percentage of the tenants water charge as
measured by a submeter, if the utility or service provider charges the landlord
for sewer service as a percentage of water provided; and
(c) A pro rata portion of any base or
service charge billed to the landlord by the utility or service provider,
including but not limited to any tax passed through by the provider.
(3) A utility or service charge to be
assessed to a tenant under this section may not include:
(a) Any additional charge, including any
costs of the landlord, for the installation, maintenance or operation of the utility
or service system or any profit for the landlord; or
(b) Any costs to provide a utility or
service to common areas of the facility. [2005 c.619 §8]
90.537
Conversion of billing method for utility or service charges. (1) A landlord may unilaterally amend a
rental agreement to convert a tenants existing utility or service billing
method from a method described in ORS 90.532 (1)(b) to a submeter billing
method described in ORS 90.532 (1)(c). The landlord must give the tenant not
less than 180 days written notice before converting to a submeter billing
method.
(2) A landlord must give notice as
provided in ORS 90.725 before entering a tenants space to install or maintain
a utility or service line or a submeter that measures the amount of a provided
utility or service.
(3) If the cost of the tenants utility or
service was included in the rent before the conversion to submeters, the
landlord shall reduce the tenants rent upon the landlords first billing of
the tenant using the submeter method. The rent reduction may not be less than
an amount reasonably comparable to the amount of the rent previously allocated
to the utility or service cost averaged over at least the preceding six months.
Before the landlord first bills the tenant using the submeter method, the
landlord shall provide the tenant with written documentation from the utility
or service provider showing the landlords cost for the utility or service
provided to the facility during at least the six preceding months.
(4) During the six months following a
conversion to submeters, the landlord may not raise the rent to recover the
costs of installing, maintaining or operating the utility or service system or
of new lines or submeters. Except as part of the rent, a landlord may not
charge the tenant for the cost of installation or for any capital expenses
related to the conversion to submeters or for the cost of maintenance or
operation of the utility or service system. As used in this subsection, operation
includes, but is not limited to, reading the submeter.
(5) A rental agreement amended under this
section shall include language that fairly describes the provisions of this
section.
(6) If a landlord installs a submeter on
an existing utility or service line to a space or common area that is already
served by that line, unless the installation causes a system upgrade, a local
government may not assess a system development charge as defined in ORS 223.299
as a result of the installation. [2005 c.619 §9]
90.539
Entry to read submeter. In addition
to any other right of entry granted under ORS 90.725, a landlord or the
landlords agent may enter a tenants space without consent of the tenant and
without notice to the tenant for the purpose of reading a submeter. An entry
made under authority of this section is subject to the following restrictions:
(1) The landlord or landlords agent may
not remain on the space for a purpose other than reading the submeter.
(2) The landlord or a landlords agent may
not enter the space more than once per month.
(3) The landlord or landlords agent may
enter the space only at reasonable times between 8 a.m. and 6 p.m. [2005 c.619 §10]
90.540
Permissible forms of tenancy; minimum fixed term. A rental agreement for a space for a
manufactured dwelling or floating home must be a month-to-month or fixed term
tenancy. A rental agreement for a fixed term tenancy must have a duration or
term of at least two years. [2001 c.596 §23]
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. (1)
Except as provided under subsections (2) to (6) of this section, a fixed term
tenancy for space for a manufactured dwelling or floating home, upon reaching its
ending date, automatically renews as a month-to-month tenancy having the same
terms and conditions, other than duration and rent increases under ORS 90.600,
unless the tenancy is terminated under ORS 90.380 (5)(b), 90.394, 90.396,
90.398, 90.630 or 90.632.
(2) To renew or extend a fixed term
tenancy for another term, of any duration that is consistent with ORS 90.540,
the landlord shall submit the proposed new rental agreement to the tenant at
least 60 days prior to the ending date of the term. The landlord shall include
with the proposed agreement a written statement that summarizes any new or
revised terms, conditions, rules or regulations.
(3) Notwithstanding ORS 90.610 (3), a
landlords proposed new rental agreement may include new or revised terms,
conditions, rules or regulations, if the new or revised terms, conditions,
rules or regulations:
(a)(A) Fairly implement a statute or
ordinance adopted after the creation of the existing agreement; or
(B) Are the same as those offered to new
or prospective tenants in the facility at the time the proposed agreement is
submitted to the tenant and for the six-month period preceding the submission
of the proposed agreement or, if there have been no new or prospective tenants
during the six-month period, are the same as are customary for the rental
market;
(b) Are consistent with the rights and
remedies provided to tenants under this chapter, including the right to keep a
pet pursuant to ORS 90.530;
(c) Do not relate to the age, size, style,
construction material or year of construction of the manufactured dwelling or
floating home contrary to ORS 90.632 (2); and
(d) Do not require an alteration of the
manufactured dwelling or floating home or alteration or new construction of an
accessory building or structure.
(4) A tenant shall accept or reject a
landlords proposed new rental agreement at least 30 days prior to the ending
of the term by giving written notice to the landlord.
(5) If a landlord fails to submit a
proposed new rental agreement as provided by subsection (2) of this section,
the tenancy renews as a month-to-month tenancy as provided by subsection (1) of
this section.
(6) If a tenant fails to accept or
unreasonably rejects a landlords proposed new rental agreement as provided by
subsection (4) of this section, the fixed term tenancy terminates on the ending
date without further notice and the landlord may take possession by complying
with ORS 105.105 to 105.168.
(7) If a tenancy terminates under
conditions described in subsection (6) of this section, and the tenant
surrenders or delivers possession of the premises to the landlord prior to the
filing of an action pursuant to ORS 105.110, the tenant has the right to enter
into a written storage agreement with the landlord, with the tenant having the
same rights and responsibilities as a lienholder under ORS 90.675 (19), except
that the landlord may limit the term of the storage agreement to not exceed six
months. Unless the parties agree otherwise, the storage agreement must commence
upon the date of the termination of the tenancy. The rights under ORS 90.675 of
any lienholder are delayed until the end of the tenant storage agreement. [2001
c.596 §24; 2003 c.658 §6; 2005 c.22 §64; 2005 c.391 §24]
90.555
Subleasing agreements. (1) A
facility tenant may not rent the tenants manufactured dwelling or floating
home to another person for a period exceeding three days unless the facility
landlord, facility tenant and dwelling or home renter enter into a written
subleasing agreement specifying the rights and obligations of the landlord,
tenant and renter during the renters occupancy of the dwelling or home. The
subleasing agreement shall include, but need not be limited to, provisions that
require the dwelling or home renter to timely pay directly to the facility
landlord the space rent, any separately assessed fees payable under the rental
agreement and any separately billed utility or service charge described in ORS
90.532 (1)(b) or (c), and provisions that grant the dwelling or home renter the
same rights as the facility tenant to cure a violation of the rental agreement
for the facility space, to require facility landlord compliance with ORS 90.730
and to be protected from retaliatory conduct under ORS 90.765. This subsection
does not authorize a facility tenant to rent a manufactured dwelling or
floating home to another person in violation of the rental agreement between
the facility tenant and the facility landlord.
(2) Notwithstanding ORS 90.100 (43), a
facility tenant who enters into a subleasing agreement continues to be the
tenant of the facility space and retains all rights and obligations of a
facility tenant under the rental agreement and this chapter. The occupancy of a
manufactured dwelling or floating home by a renter as provided in a subleasing
agreement does not constitute abandonment of the dwelling or home by the
facility tenant.
(3) The rights and obligations of the
dwelling or home renter under a subleasing agreement are in addition to the
rights and obligations retained by the facility tenant under subsection (2) of
this section. The rights and obligations of the dwelling or home renter under
the subleasing agreement are separate from any rights or obligations of the
renter under ORS 90.100 to 90.465 applicable to the renters occupancy of the
manufactured dwelling or floating home owned by the facility tenant.
(4) Unless otherwise provided in the
subleasing agreement, a facility landlord may terminate a subleasing agreement:
(a) Without cause by giving the dwelling
or home renter written notice not less than 30 days prior to the termination;
(b) If a condition described in ORS 90.380
(5)(b) exists for the facility space, by giving the renter the same notice to
which the facility tenant is entitled under ORS 90.380 (5)(b); or
(c) Subject to the cure right established
in subsection (1) of this section and regardless of whether the landlord
terminates the rental agreement of the facility tenant:
(A) For nonpayment of facility space rent;
or
(B) For any conduct by the dwelling or home
renter that would be a violation of the rental agreement under ORS 90.396 or
90.398 if committed by the facility tenant.
(5) Upon termination of a subleasing
agreement by the facility landlord, whether with or without cause, the dwelling
or home renter and the facility tenant are excused from continued performance
under any agreement for the renters occupancy of the manufactured dwelling or
floating home owned by the facility tenant.
(6)(a) If, during the term of a subleasing
agreement, the facility landlord gives notice to the facility tenant of a
rental agreement violation, of a law or ordinance violation or of the facilitys
closure, conversion or sale, the landlord shall also promptly give a copy of
the notice to the dwelling or home renter. The giving of notice to the dwelling
or home renter does not constitute notice to the facility tenant unless the
tenant has expressly appointed the renter as the tenants agent for purposes of
receiving notice.
(b) If the facility landlord gives notice
to the dwelling or home renter that the landlord is terminating the subleasing
agreement, the landlord shall also promptly give a copy of the notice to the
facility tenant. The landlord shall give the notice to the facility tenant in
the same manner as for giving notice of a rental agreement violation.
(c) If, during the term of a subleasing
agreement, the facility tenant gives notice to the facility landlord of a
rental agreement violation, termination of tenancy or sale of the manufactured
dwelling or floating home, the tenant shall also promptly give a copy of the
notice to the dwelling or home renter.
(d) If the dwelling or home renter gives
notice to the facility landlord of a violation of ORS 90.730, the renter shall
also promptly give a copy of the notice to the facility tenant. [2007 c.831 §2]
Note: Section 3, chapter 831, Oregon Laws 2007,
provides:
Sec.
3. Section 2 of this 2007
Act [90.555] applies to manufactured dwelling and floating home rentals that
commence on or after the effective date of this 2007 Act [January 1, 2008].
[2007 c.831 §3]
(Landlord and
Tenant Relations)
90.600
Increases in rent; notice; meeting with tenants; effect of failure to meet. (1) If a rental agreement is a
month-to-month tenancy to which ORS 90.505 to 90.840 apply, the landlord may
not increase the rent unless the landlord gives notice in writing to each
affected tenant at least 90 days prior to the effective date of the rent
increase specifying the amount of the increase, the amount of the new rent and
the date on which the increase becomes effective.
(2) This section does not create a right
to increase rent that does not otherwise exist.
(3) This section does not require a
landlord to compromise, justify or reduce a rent increase that the landlord
otherwise is entitled to impose.
(4) Neither ORS 90.510 (1), requiring a
landlord to provide a statement of policy, nor ORS 90.510 (4), requiring a
landlord to provide a written rental agreement, create a basis for tenant
challenge of a rent increase, judicially or otherwise.
(5)(a) The tenants who reside in a
facility may elect one committee of seven or fewer members in a facility-wide
election to represent the tenants. One tenant of record for each rented space
may vote in the election. Upon written request from the tenants committee, the
landlord or a representative of the landlord shall meet with the committee
within 10 to 30 days of the request to discuss the tenants nonrent concerns
regarding the facility. Unless the parties agree otherwise, upon a request from
the tenants committee, a landlord or representative of the landlord shall meet
with the tenants committee at least once, but not more than twice, each
calendar year. The meeting shall be held on the premises if the facility has
suitable meeting space for that purpose, or at a location reasonably convenient
to the tenants. After the meeting, the tenants committee shall send a written
summary of the issues and concerns addressed at the meeting to the landlord.
The landlord or the landlords representative shall make a good faith response
in writing to the committees summary within 60 days.
(b) The tenants committee is entitled to
informal dispute resolution in accordance with ORS 446.547 if the landlord or
landlords representative fails to meet with the tenants committee or fails to
respond in good faith to the written summary as required by paragraph (a) of
this subsection. [Formerly 91.869; 1991 c.844 §8; 1995 c.559 §35; 1997 c.577 §26a;
1999 c.676 §21; 2001 c.596 §36]
90.605
Persons authorized to receive notice and demands on landlords behalf; written
notice to change designated person. Any person authorized by the landlord of a facility to receive notices
and demands on the landlords behalf retains this authority until the
authorized person is notified otherwise. Written notice of any change in the
name or address of the person authorized to receive notices and demands shall
be delivered to the residence of each person who rents a space for a
manufactured dwelling or floating home or, if specified in writing by the
tenant, to another specified address. [Formerly 91.935; 1991 c.844 §11]
90.610
Informal dispute resolution; notice of proposed change in rule or regulation;
objection to change by tenant.
(1) As used in this section, eligible space means each space in the facility
as long as:
(a) The space is rented to a tenant and
the tenancy is subject to ORS 90.505 to 90.840; and
(b) The tenant who occupies the space has
not:
(A) Previously agreed to a rental
agreement that includes the proposed rule or regulation change; or
(B) Become subject to the proposed rule or
regulation change as a result of a change in rules or regulations previously
adopted in a manner consistent with this section.
(2) Notwithstanding ORS 90.245 (1), the
parties to a rental agreement to which ORS 90.505 to 90.840 apply shall provide
for a process establishing informal dispute resolution of disputes that may
arise concerning the rental agreement for a manufactured dwelling or floating
home space.
(3) The landlord may propose changes in
rules or regulations, including changes that make a substantial modification of
the landlords bargain with a tenant, by giving written notice of the proposed
rule or regulation change, and unless tenants of at least 51 percent of the
eligible spaces in the facility object in writing within 30 days of the date
the notice was served, the change shall become effective for all tenants of
those spaces on a date not less than 60 days after the date that the notice was
served by the landlord.
(4) One tenant of record per eligible
space may object to the rule or regulation change through either:
(a) A signed and dated written
communication to the landlord; or
(b) A petition format that is signed and
dated by tenants of eligible spaces and that includes a copy of the proposed
rule or regulation and a copy of the notice.
(5) If a tenant of an eligible space signs
both a written communication to the landlord and a petition under subsection
(4) of this section, or signs more than one written communication or petition,
only the latest signature of the tenant may be counted.
(6) Notwithstanding subsection (4) of this
section, a proxy may be used only if a tenant has a disability that prevents
the tenant from objecting to the rule or regulation change in writing.
(7) The landlords notice of a proposed
change in rules or regulations required by subsection (3) of this section must
be given or served as provided in ORS 90.155 and must include:
(a) Language of the existing rule or
regulation and the language that would be added or deleted by the proposed rule
or regulation change; and
(b) A statement substantially in the
following form, with all blank spaces in the notice to be filled in by the
landlord:
______________________________________________________________________________
NOTICE OF PROPOSED RULE
OR REGULATION CHANGE
The landlord intends to change a rule or
regulation in this facility.
The change will go into effect unless
tenants of at least 51 percent of the eligible spaces object in writing within
30 days. Any objection must be signed and dated by a tenant of an eligible
space.
The number of eligible spaces as of the
date of this notice is: _____. Those eligible spaces are (space or street
identification): ___________________________.
The last day for a tenant of an eligible
space to deliver a written objection to the landlord is _________ (landlord
fill in date).
Unless tenants in at least 51 percent of
the eligible spaces object, the proposed rule or regulation will go into effect
on _________.
The parties may attempt to resolve
disagreements regarding the proposed rule or regulation change by using the
facilitys informal dispute resolution process.
______________________________________________________________________________
(8) A good faith mistake by the landlord
in completing those portions of the notice relating to the number of eligible
spaces that have tenants entitled to vote or relating to space or street
identification numbers does not invalidate the notice or the proposed rule or
regulation change.
(9) After the effective date of the rule
or regulation change, when a tenant continues to engage in an activity affected
by the new rule or regulation to which the landlord objects, the landlord may
give the tenant a notice of termination of the tenancy pursuant to ORS 90.630.
The notice shall include a statement that the tenant may request a resolution
through the facilitys informal dispute resolution process by giving the
landlord a written request within seven days from the date the notice was
served. If the tenant requests an informal dispute resolution, the landlord may
not file an action for possession pursuant to ORS 105.105 to 105.168 until 30
days after the date of the tenants request for informal dispute resolution or
the date the informal dispute resolution is complete, whichever occurs first.
(10) An agreement under this section may
not require informal dispute resolution of disputes relating to:
(a) Facility closure;
(b) Facility sale; or
(c) Rent, including but not limited to
amount, increase and nonpayment.
(11) ORS 90.510 (1) to (3), requiring a
landlord to provide a statement of policy, do not create a basis for a tenant
to demand informal dispute resolution of a rent increase. [1991 c.844 §10; 1993
c.580 §1; 1995 c.559 §36; 2001 c.596 §36a]
90.620
Termination by tenant; notice to landlord. (1) The tenant who rents a space for a manufactured dwelling or
floating home may terminate a rental agreement that is a month-to-month or
fixed term tenancy without cause by giving to the landlord, at any time during
the tenancy, not less than 30 days notice in writing prior to the date
designated in the notice for the termination of the tenancy.
(2) The tenant may terminate a rental
agreement that is a month-to-month or fixed term tenancy for cause pursuant to
ORS 90.315, 90.360 (1), 90.365 (2), 90.375 or 90.380.
(3) A tenant may not be required to give
the landlord more than 30 days written notice to terminate. [Formerly 91.880;
1991 c.67 §15; 1993 c.18 §16; 2001 c.596 §37]
90.630
Termination by landlord; causes; notice; cure; repeated nonpayment of rent. (1) Except as provided in subsection (4) of
this section, the landlord may terminate a rental agreement that is a
month-to-month or fixed term tenancy for space for a manufactured dwelling or
floating home by giving to the tenant not less than 30 days notice in writing
before the date designated in the notice for termination if the tenant:
(a) Violates a law or ordinance related to
the tenants conduct as a tenant, including but not limited to a material
noncompliance with ORS 90.740;
(b) Violates a rule or rental agreement
provision related to the tenants conduct as a tenant and imposed as a
condition of occupancy, including but not limited to a material noncompliance
with a rental agreement regarding a program of recovery in drug and alcohol
free housing;
(c) Is determined to be a predatory sex
offender under ORS 181.585 to 181.587; or
(d) Fails to pay a:
(A) Late charge pursuant to ORS 90.260;
(B) Fee pursuant to ORS 90.302; or
(C) Utility or service charge pursuant to
ORS 90.534 or 90.536.
(2) A violation making a tenant subject to
termination under subsection (1) of this section includes a tenants failure to
maintain the space as required by law, ordinance, rental agreement or rule, but
does not include the physical condition of the dwelling or home. Termination of
a rental agreement based upon the physical condition of a dwelling or home
shall only be as provided in ORS 90.632.
(3) The notice required by subsection (1)
of this section shall state facts sufficient to notify the tenant of the
reasons for termination of the tenancy and state that the tenant may avoid
termination by correcting the violation as provided in subsection (4) of this
section.
(4) The tenant may avoid termination of
the tenancy by correcting the violation within the 30-day period specified in
subsection (1) of this section. However, if substantially the same act or
omission that constituted a prior violation of which notice was given recurs
within six months after the date of the notice, the landlord may terminate the
tenancy upon at least 20 days written notice specifying the violation and the
date of termination of the tenancy.
(5) Notwithstanding subsection (3) or (4)
of this section, a tenant who is given a notice of termination under subsection
(1)(c) of this section does not have a right to correct the violation. A notice
given to a tenant under subsection (1)(c) of this section must state that the
tenant does not have a right to avoid the termination.
(6) This section does not limit a landlords
right to terminate a tenancy for nonpayment of rent under ORS 90.394 or for
other cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.632 by complying with
ORS 105.105 to 105.168.
(7) A tenancy terminates on the date
designated in the notice and without regard to the expiration of the period for
which, by the terms of the rental agreement, rents are to be paid. Unless
otherwise agreed, rent is uniformly apportionable from day to day.
(8) Notwithstanding any other provision of
this section or ORS 90.394, 90.396 or 90.398, the landlord may terminate the
rental agreement for space for a manufactured dwelling or floating home because
of repeated late payment of rent by giving the tenant not less than 30 days
notice in writing before the date designated in that notice for termination and
may take possession as provided in ORS 105.105 to 105.168 if:
(a) The tenant has not paid the monthly
rent prior to the eighth day of the rental period as described in ORS 90.394
(2)(a) or the fifth day of the rental period as described in ORS 90.394 (2)(b)
in at least three of the preceding 12 months and the landlord has given the
tenant a nonpayment of rent termination notice pursuant to ORS 90.394 (2) during
each of those three instances of nonpayment;
(b) The landlord warns the tenant of the
risk of a 30-day notice for termination with no right to correct the cause,
upon the occurrence of a third nonpayment of rent termination notice within a
12-month period. The warning must be contained in at least two nonpayment of
rent termination notices that precede the third notice within a 12-month period
or in separate written notices that are given concurrent with, or a reasonable
time after, each of the two nonpayment of rent termination notices; and
(c) The 30-day notice of termination
states facts sufficient to notify the tenant of the cause for termination of
the tenancy and is given to the tenant concurrent with or after the third or a
subsequent nonpayment of rent termination notice.
(9) Notwithstanding subsection (4) of this
section, a tenant who receives a 30-day notice of termination pursuant to
subsection (8) of this section does not have a right to correct the cause for
the notice.
(10) The landlord may give a copy of the
notice required by subsection (8) of this section to any lienholder of the
manufactured dwelling or floating home by first class mail with certificate of
mailing or by any other method allowed by ORS 90.150 (2) and (3). A landlord is
not liable to a tenant for any damages incurred by the tenant as a result of
the landlord giving a copy of the notice in good faith to a lienholder. A
lienholders rights and obligations regarding an abandoned manufactured
dwelling or floating home shall be as provided under ORS 90.675. [Formerly
91.886; 1991 c.844 §12; 1995 c.559 §37; 1995 c.633 §1; 1999 c.676 §22; 2001
c.596 §38; 2005 c.22 §65; 2005 c.391 §25; 2005 c.619 §20; 2007 c.906 §32]
90.632
Termination of tenancy due to physical condition of manufactured dwelling or
floating home; correction of condition by tenant. (1) A landlord may terminate a
month-to-month or fixed term rental agreement and require the tenant to remove
a manufactured dwelling or floating home from a facility, due to the physical
condition of the manufactured dwelling or floating home, only by complying with
this section and ORS 105.105 to 105.168. A termination shall include removal of
the dwelling or home.
(2) A landlord may not require removal of
a manufactured dwelling or floating home, or consider a dwelling or home to be
in disrepair or deteriorated, because of the age, size, style or original
construction material of the dwelling or home or because the dwelling or home
was built prior to adoption of the National Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C. 5403), in compliance with the
standards of that Act in effect at that time or in compliance with the state
building code as defined in ORS 455.010.
(3) Except as provided in subsection (5)
of this section, if the tenants dwelling or home is in disrepair or is
deteriorated, a landlord may terminate a rental agreement and require the
removal of a dwelling or home by giving to the tenant not less than 30 days
written notice before the date designated in the notice for termination.
(4) The notice required by subsection (3)
of this section must:
(a) State facts sufficient to notify the
tenant of the causes or reasons for termination of the tenancy and removal of
the dwelling or home;
(b) State that the tenant can avoid
termination and removal by correcting the cause for termination and removal
within the notice period;
(c) Describe what is required to correct
the cause for termination;
(d) Describe the tenants right to give
the landlord a written notice of correction, where to give the notice and the
deadline for giving the notice in order to ensure a response by the landlord,
all as provided by subsection (6) of this section; and
(e) Describe the tenants right to have
the termination and correction period extended as provided by subsection (7) of
this section.
(5) The tenant may avoid termination of
the tenancy by correcting the cause within the period specified. However, if
substantially the same condition that constituted a prior cause for termination
of which notice was given recurs within 12 months after the date of the notice,
the landlord may terminate the tenancy and require the removal of the dwelling
or home upon at least 30 days written notice specifying the violation and the
date of termination of the tenancy.
(6) During the termination notice or
extension period, the tenant may give the landlord written notice that the
tenant has corrected the cause for termination. Within a reasonable time after
the tenants notice of correction, the landlord shall respond to the tenant in
writing, stating whether the landlord agrees that the cause has been corrected.
If the tenants notice of correction is given at least 14 days prior to the end
of the termination notice or extension period, failure by the landlord to
respond as required by this subsection is a defense to a termination based upon
the landlords notice for termination.
(7) Except when the disrepair or
deterioration creates a risk of imminent and serious harm to other dwellings,
homes or persons within the facility, the 30-day period provided for the tenant
to correct the cause for termination and removal shall be extended by at least:
(a) An additional 60 days if:
(A) The necessary correction involves
exterior painting, roof repair, concrete pouring or similar work and the
weather prevents that work during a substantial portion of the 30-day period;
or
(B) The nature or extent of the correction
work is such that it cannot reasonably be completed within 30 days because of factors
such as the amount of work necessary, the type and complexity of the work and
the availability of necessary repair persons; or
(b) An additional six months if the
disrepair or deterioration has existed for more than the preceding 12 months
with the landlords knowledge or acceptance as described in ORS 90.412.
(8) In order to have the period for
correction extended as provided in subsection (7) of this section, a tenant
must give the landlord written notice describing the necessity for an extension
in order to complete the correction work. The notice must be given a reasonable
amount of time prior to the end of the notice for termination period.
(9) A tenancy terminates on the date
designated in the notice and without regard to the expiration of the period for
which, by the terms of the rental agreement, rents are to be paid. Unless
otherwise agreed, rent is uniformly apportionable from day to day.
(10) This section does not limit a
landlords right to terminate a tenancy for nonpayment of rent under ORS 90.394
or for other cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.630 by
complying with ORS 105.105 to 105.168.
(11) A landlord may give a copy of the
notice for termination required by this section to any lienholder of the
dwelling or home, by first class mail with certificate of mailing or by any
other method allowed by ORS 90.150 (2) and (3). A landlord is not liable to a
tenant for any damages incurred by the tenant as a result of the landlord
giving a copy of the notice in good faith to a lienholder.
(12) When a tenant has been given a notice
for termination pursuant to this section and has subsequently abandoned the
dwelling or home as described in ORS 90.675, any lienholder shall have the same
rights as provided by ORS 90.675, including the right to correct the cause of
the notice, within the 90-day period provided by ORS 90.675 (19)
notwithstanding the expiration of the notice period provided by this section
for the tenant to correct the cause. [1999 c.603 §2b and 1999 c.676 §4; 2001 c.596
§39; 2003 c.658 §7; 2005 c.22 §66; 2005 c.391 §26; 2007 c.906 §33]
90.634
Prohibition against lien for rent; action for possession; disposition of
dwelling or home; disposition of goods. (1) A landlord may not assert a lien under ORS 87.162 for dwelling
unit rent against a manufactured dwelling or floating home located in a
facility. Notwithstanding ORS 90.100 (43) and 90.675 and regardless of whether
the owner of a manufactured dwelling or floating home occupies the dwelling or
home as a residence, a facility landlord that is entitled to unpaid rent and
receives possession of the facility space from the sheriff following
restitution pursuant to ORS 105.161 may sell or dispose of the dwelling or home
as provided in ORS 90.675.
(2) If a manufactured dwelling or floating
home was occupied immediately prior to abandonment by a person other than the
facility tenant, and the name and address of the person are known to the
landlord, a landlord selling or disposing of the dwelling or home under
subsection (1) of this section shall promptly send the person a copy of the
notice sent to the facility tenant under ORS 90.675 (3). Notwithstanding ORS
90.425, the facility landlord may sell or dispose of goods left in the dwelling
or home or upon the dwelling unit by the person in the same manner as if the
goods were left by the facility tenant. If the name and address of the person
are known to the facility landlord, the landlord shall promptly send the person
a copy of the written notice sent to the facility tenant under ORS 90.425 (3)
and allow the person the time described in the notice to arrange for removal of
the goods. [2007 c.831 §4]
Note: Section 5, chapter 831, Oregon Laws 2007,
provides:
Sec.
5. Section 4 of this 2007
Act [90.634] applies to dwelling space rent that becomes due on or after the
effective date of this 2007 Act [January 1, 2008]. [2007 c.831 §5]
90.635 [1995 c.746 §§47,48; 1997 c.577 §26b; 1999
c.676 §23; 2001 c.596 §45; 2003 c.21 §1; 2005 c.22 §67; 2007 c.843 §91; 2007
c.906 §7; renumbered 90.650 in 2007]
90.645
Closure of manufactured dwelling park; notices; payments to tenants. (1) If a manufactured dwelling park, or a
portion of the park that includes the space for a manufactured dwelling, is to
be closed and the land or leasehold converted to a use other than as a
manufactured dwelling park, and the closure is not required by the exercise of
eminent domain or by order of federal, state or local agencies, the landlord
may terminate a month-to-month or fixed term rental agreement for a manufactured
dwelling park space:
(a) By giving the tenant not less than 365
days notice in writing before the date designated in the notice for
termination; and
(b) By paying a tenant, for each space for
which a rental agreement is terminated, one of the following amounts:
(A) $5,000 if the manufactured dwelling is
a single-wide dwelling;
(B) $7,000 if the manufactured dwelling is
a double-wide dwelling; or
(C) $9,000 if the manufactured dwelling is
a triple-wide or larger dwelling.
(2) Notwithstanding subsection (1) of this
section, if a landlord closes a manufactured dwelling park under this section
as a result of converting the park to a subdivision under ORS 92.830 to 92.845,
the landlord:
(a) May terminate a rental agreement by
giving the tenant not less than 180 days notice in writing before the date
designated in the notice for termination.
(b) Is not required to make a payment
under subsection (1)(b) of this section to a tenant who:
(A) Buys the space or lot on which the
tenants manufactured dwelling is located and does not move the dwelling; or
(B) Sells the manufactured dwelling to a
person who buys the space or lot.
(3) A notice given under subsection (1) or
(2) of this section shall, at a minimum:
(a) State that the landlord is closing the
park, or a portion of the park, and converting the land or leasehold to a
different use;
(b) Designate the date of closure; and
(c) Include the tax credit notice
described in ORS 90.650.
(4) Except as provided in subsections (2)
and (5) of this section, the landlord must pay a tenant the full amount
required under subsection (1)(b) of this section regardless of whether the
tenant relocates or abandons the manufactured dwelling. The landlord shall pay
at least one-half of the payment amount to the tenant within seven days after
receiving from the tenant the notice described in subsection (5)(a) of this
section. The landlord shall pay the remaining amount no later than seven days
after the tenant ceases to occupy the space.
(5) Notwithstanding subsection (1) of this
section:
(a) A landlord is not required to make a
payment to a tenant as provided in subsection (1) of this section unless the
tenant gives the landlord not less than 30 days and not more than 60 days
written notice of the date within the 365-day period on which the tenant will
cease tenancy, whether by relocation or abandonment of the manufactured
dwelling.
(b) If the manufactured dwelling is
abandoned:
(A) The landlord may condition the payment
required by subsection (1) of this section upon the tenant waiving any right to
receive payment under ORS 90.425 or 90.675.
(B) The landlord may not charge the tenant
to store, sell or dispose of the abandoned manufactured dwelling.
(6)(a) A landlord may not charge a tenant
any penalty, fee or unaccrued rent for moving out of the manufactured dwelling
park prior to the end of the 365-day notice period.
(b) A landlord may charge a tenant for
rent for any period during which the tenant occupies the space and may deduct
from the payment amount required by subsection (1) of this section any unpaid
moneys owed by the tenant to the landlord.
(7) A landlord may not increase the rent
for a manufactured dwelling park space after giving a notice of termination
under this section to the tenant of the space.
(8) This section does not limit a landlords
right to terminate a tenancy for nonpayment of rent under ORS 90.394 or for
other cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.632 by complying with
ORS 105.105 to 105.168.
(9) If a landlord is required to close a
manufactured dwelling park by the exercise of eminent domain or by order of a
federal, state or local agency, the landlord shall notify the park tenants no
later than 15 days after the landlord receives notice of the exercise of
eminent domain or of the agency order. The notice to the tenants shall be in
writing, designate the date of closure, state the reason for the closure,
describe the tax credit available under section 17, chapter 906, Oregon Laws
2007, and any government relocation benefits known by the landlord to be
available to the tenants and comply with any additional content requirements
under ORS 90.650. [2007 c.906 §2]
Note: The amendments to 90.645 by section 2a,
chapter 906,
90.645. (1) If a manufactured dwelling park, or a
portion of the park that includes the space for a manufactured dwelling, is to
be closed and the land or leasehold converted to a use other than as a
manufactured dwelling park, and the closure is not required by the exercise of
eminent domain or by order of federal, state or local agencies, the landlord
may terminate a month-to-month or fixed term rental agreement for a
manufactured dwelling park space:
(a) By giving the tenant not less than 365
days notice in writing before the date designated in the notice for
termination; and
(b) By paying a tenant, for each space for
which a rental agreement is terminated, one of the following amounts:
(A) $5,000 if the manufactured dwelling is
a single-wide dwelling;
(B) $7,000 if the manufactured dwelling is
a double-wide dwelling; or
(C) $9,000 if the manufactured dwelling is
a triple-wide or larger dwelling.
(2) Notwithstanding subsection (1) of this
section, if a landlord closes a manufactured dwelling park under this section
as a result of converting the park to a subdivision under ORS 92.830 to 92.845,
the landlord:
(a) May terminate a rental agreement by
giving the tenant not less than 180 days notice in writing before the date
designated in the notice for termination.
(b) Is not required to make a payment
under subsection (1)(b) of this section to a tenant who:
(A) Buys the space or lot on which the
tenants manufactured dwelling is located and does not move the dwelling; or
(B) Sells the manufactured dwelling to a
person who buys the space or lot.
(3) A notice given under subsection (1) or
(2) of this section shall, at a minimum:
(a) State that the landlord is closing the
park, or a portion of the park, and converting the land or leasehold to a
different use;
(b) Designate the date of closure; and
(c) Include the tax notice described in
ORS 90.650.
(4) Except as provided in subsections (2)
and (5) of this section, the landlord must pay a tenant the full amount
required under subsection (1)(b) of this section regardless of whether the
tenant relocates or abandons the manufactured dwelling. The landlord shall pay
at least one-half of the payment amount to the tenant within seven days after
receiving from the tenant the notice described in subsection (5)(a) of this
section. The landlord shall pay the remaining amount no later than seven days
after the tenant ceases to occupy the space.
(5) Notwithstanding subsection (1) of this
section:
(a) A landlord is not required to make a
payment to a tenant as provided in subsection (1) of this section unless the
tenant gives the landlord not less than 30 days and not more than 60 days
written notice of the date within the 365-day period on which the tenant will
cease tenancy, whether by relocation or abandonment of the manufactured
dwelling.
(b) If the manufactured dwelling is
abandoned:
(A) The landlord may condition the payment
required by subsection (1) of this section upon the tenant waiving any right to
receive payment under ORS 90.425 or 90.675.
(B) The landlord may not charge the tenant
to store, sell or dispose of the abandoned manufactured dwelling.
(6)(a) A landlord may not charge a tenant
any penalty, fee or unaccrued rent for moving out of the manufactured dwelling
park prior to the end of the 365-day notice period.
(b) A landlord may charge a tenant for
rent for any period during which the tenant occupies the space and may deduct
from the payment amount required by subsection (1) of this section any unpaid
moneys owed by the tenant to the landlord.
(7) A landlord may not increase the rent
for a manufactured dwelling park space after giving a notice of termination
under this section to the tenant of the space.
(8) This section does not limit a landlords
right to terminate a tenancy for nonpayment of rent under ORS 90.394 or for
other cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.632 by complying with
ORS 105.105 to 105.168.
(9) If a landlord is required to close a
manufactured dwelling park by the exercise of eminent domain or by order of a
federal, state or local agency, the landlord shall notify the park tenants no
later than 15 days after the landlord receives notice of the exercise of
eminent domain or of the agency order. The notice to the tenants shall be in
writing, designate the date of closure, state the reason for the closure,
describe any government relocation benefits known by the landlord to be
available to the tenants and comply with any additional content requirements
under ORS 90.650.
(10) The Office of Manufactured Dwelling
Park Community Relations shall adopt rules establishing a sample form for the
notice described in subsection (3) of this section.
90.650
Notice of tax provisions to tenants of closing manufactured dwelling park;
rules. (1) If a manufactured
dwelling park or a portion of a manufactured dwelling park is closed, resulting
in the termination of the rental agreement between the landlord of the park and
a tenant renting space for a manufactured dwelling, whether because of the
exercise of eminent domain, by order of a federal, state or local agency or as
provided under ORS 90.645 (1), the landlord shall provide notice to the tenant
of the tax credit provided under section 82, chapter 843, Oregon Laws 2007, and
section 17, chapter 906, Oregon Laws 2007. The notice shall state the
eligibility requirements for the credit, information on how to apply for the
credit and any other information required by the Office of Manufactured
Dwelling Park Community Relations or the Department of Revenue by rule. The
notice shall also state that the closure may allow the taxpayer to appeal the
property tax assessment on the manufactured dwelling.
(2) The office shall adopt rules
establishing a sample form for the notice described in this section and the
notice described in ORS 90.645 (3).
(3) The department, in consultation with
the office, shall adopt rules establishing a sample form and explanation for
the property tax assessment appeal.
(4) The office may adopt rules to
administer this section. [Formerly 90.635]
Note: The amendments to 90.650 by section 7a,
chapter 906,
90.650. (1) If a manufactured dwelling park or a
portion of a manufactured dwelling park is closed, resulting in the termination
of the rental agreement between the landlord of the park and a tenant renting
space for a manufactured dwelling, whether because of the exercise of eminent
domain, by order of a federal, state or local agency or as provided under ORS
90.645 (1), the landlord shall provide notice to the tenant that the closure
may allow the taxpayer to appeal the property tax assessment on the
manufactured dwelling.
(2) The Department of Revenue, in
consultation with the Office of Manufactured Dwelling Park Community Relations,
shall adopt rules establishing a sample form and explanation for the property
tax assessment appeal.
(3) The office may adopt rules to
administer this section.
Note: 90.650 (4) was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 90 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
90.655
Park closure notice to nontenants; report of tenant reactions. (1) A landlord that gives a notice of
termination under ORS 90.645 shall, at the same time, send one copy of the
notice to the Office of Manufactured Dwelling Park Community Relations by first
class mail. The landlord shall, at the same time, send a copy of the notice,
both by first class mail and by certified mail with return receipt requested,
for each affected manufactured dwelling, to any person:
(a) That is not a tenant; and
(b)(A) That the landlord actually knows to
be an owner of the manufactured dwelling; or
(B) That has a lien recorded in the title
or ownership document records for the manufactured dwelling.
(2) A landlord that terminates rental
agreements for manufactured dwelling park spaces under ORS 90.645 shall, no
later than 60 days after the manufactured dwelling park or portion of the park
closes, report to the office:
(a) The number of dwelling unit owners who
moved their dwelling units out of the park; and
(b) The number of dwelling unit owners who
abandoned their dwelling units at the park. [2007 c.906 §3]
90.660
Local regulation of park closures. A local government may not enforce an ordinance, rule or other local
law regulating manufactured dwelling park closures or partial closures adopted
or amended by the local government on or after July 1, 2007. An ordinance, rule
or other local law regulating manufactured dwelling park closures or partial
closures may not be applied to reduce the rights provided to a park tenant
under ORS 90.645 or 90.655. [2007 c.906 §4]
Note: Section 5, chapter 906, Oregon Laws 2007, provides:
Sec.
5. (1) Notwithstanding
section 4 of this 2007 Act [90.660], no later than 90 days after the effective
date of this 2007 Act [September 27, 2007], a local governing body may amend an
ordinance, rule or other local law adopted before July 1, 2007, if the
amendment increases the rights of manufactured dwelling park tenants under the
ordinance, rule or other local law to be equal to or greater than the rights
established for those tenants by sections 2 [90.645] and 3 [90.655] of this
2007 Act.
(2) Section 4 of this 2007 Act applies to
the enforcement of an ordinance, rule or other local law to a manufactured
dwelling park closure or partial closure on or after the effective date of this
2007 Act regardless of whether the closure notice is given before, on or after
the effective date of this 2007 Act. [2007 c.906 §5]
90.670 [Formerly 91.915; 1991 c.844 §13; 1993 c.580
§5; repealed by 1997 c.577 §50]
90.671
Closure of marina; notices; payments to tenants; rules. (1) If a marina or a portion of the marina
that includes a marina space is to be closed and the land or leasehold
converted to a different use, and the closure is not required by the exercise
of eminent domain or by order of a federal, state or local agency, the landlord
of the marina may terminate a month-to-month or fixed term rental agreement for
a marina space by giving the tenant:
(a) Not less than 365 days notice in
writing before the date designated in the notice for termination; or
(b) Not less than 180 days notice in
writing before the date designated in the notice for termination, if:
(A) The landlord finds space acceptable to
the tenant to which the tenant can move the floating home; and
(B) The landlord pays the cost of moving
and set-up expenses or $3,500, whichever is less.
(2) The landlord may:
(a) Provide greater financial incentive to
encourage the tenant to accept an earlier termination date than that provided
in subsection (1) of this section; or
(b) Contract with the tenant for a
mutually acceptable arrangement to assist the tenants move.
(3) The Housing and Community Services
Department shall adopt rules to administer this section.
(4)(a) A landlord may not increase the
rent for a dwelling unit for the purpose of offsetting the payments required
under this section.
(b) A landlord may not increase the rent
for a dwelling unit after giving a notice of termination under this section to
the tenant.
(5) Nothing in subsection (1) of this
section shall prevent a landlord from relocating a floating home to another comparable
space in the same marina, or in another marina owned by the same owner in the
same city, if the landlord desires or is required to make repairs, to remodel
or to modify the tenants original space.
(6) This section does not limit a landlords
right to terminate a tenancy for nonpayment of rent under ORS 90.394 or for
other cause under ORS 90.380 (5)(b), 90.396, 90.398 or 90.632 by complying with
ORS 105.105 to 105.168.
(7) If a landlord is required to close a
marina by the exercise of eminent domain or by order of a federal, state or
local agency, the landlord shall notify the marina tenants no later than 15
days after the landlord receives notice of the exercise of eminent domain or of
the agency order. The notice to the tenants shall be in writing, designate the
date of closure, state the reason for the closure and describe any government
relocation benefits known by the landlord to be available to the tenants. [2007
c.906 §25]
Note: 90.671 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 90 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(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. (1) As
used in this section:
(a) Current market value means the
amount in cash, as determined by the county assessor, that could reasonably be expected
to be paid for personal property by an informed buyer to an informed seller,
each acting without compulsion in an arms-length transaction occurring on the
assessment date for the tax year or on the date of a subsequent reappraisal by
the county assessor.
(b) Dispose of the personal property
means that, if reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization or to a person
unrelated to the landlord. The landlord may not retain the property for
personal use or benefit.
(c) Lienholder means any lienholder of
abandoned personal property, if the lien is of record or the lienholder is
actually known to the landlord.
(d) Of record means:
(A) For a manufactured dwelling, that a
security interest has been properly recorded in the records of the Department
of Consumer and Business Services pursuant to ORS 446.611 or on a certificate
of title issued by the Department of Transportation prior to May 1, 2005.
(B) For a floating home, that a security
interest has been properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the board pursuant to
ORS 830.715.
(e) Personal property means only a
manufactured dwelling or floating home located in a facility and subject to ORS
90.505 to 90.840. Personal property does not include goods left inside a
manufactured dwelling or floating home or left upon a rented space and subject
to disposition under ORS 90.425.
(2) A landlord may not store, sell or
dispose of abandoned personal property except as provided by this section. This
section governs the rights and obligations of landlords, tenants and any
lienholders in any personal property abandoned or left upon the premises by the
tenant or any lienholder in the following circumstances:
(a) The tenancy has ended by termination
or expiration of a rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the circumstances that
the tenant has left the personal property upon the premises with no intention
of asserting any further claim to the premises or to the personal property;
(b) The tenant has been absent from the
premises continuously for seven days after termination of a tenancy by a court
order that has not been executed; or
(c) The landlord receives possession of
the premises from the sheriff following restitution pursuant to ORS 105.161.
(3) Prior to selling or disposing of the
tenants personal property under this section, the landlord must give a written
notice to the tenant that must be:
(a) Personally delivered to the tenant; or
(b) Sent by first class mail addressed and
mailed to the tenant at:
(A) The premises;
(B) Any post-office box held by the tenant
and actually known to the landlord; and
(C) The most recent forwarding address if
provided by the tenant or actually known to the landlord.
(4)(a) A landlord shall also give a copy
of the notice described in subsection (3) of this section to:
(A) Any lienholder of the personal
property;
(B) The tax collector of the county where
the personal property is located; and
(C) The assessor of the county where the
personal property is located.
(b) The landlord shall give the notice
copy required by this subsection by personal delivery or first class mail,
except that for any lienholder, mail service must be both by first class mail
and by certified mail with return receipt requested.
(c) A notice to lienholders under
paragraph (a)(A) of this subsection must be sent to each lienholder at each
address:
(A) Actually known to the landlord;
(B) Of record; and
(C) Provided to the landlord by the
lienholder in a written notice that identifies the personal property subject to
the lien and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice must identify the
personal property by describing the physical address of the property.
(5) The notice required under subsection
(3) of this section must state that:
(a) The personal property left upon the
premises is considered abandoned;
(b) The tenant or any lienholder must
contact the landlord by a specified date, as provided in subsection (6) of this
section, to arrange for the removal of the abandoned personal property;
(c) The personal property is stored on the
rented space;
(d) The tenant or any lienholder, except
as provided by subsection (18) of this section, may arrange for removal of the
personal property by contacting the landlord at a described telephone number or
address on or before the specified date;
(e) The landlord shall make the personal
property available for removal by the tenant or any lienholder, except as
provided by subsection (18) of this section, by appointment at reasonable
times;
(f) If the personal property is considered
to be abandoned pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of storage charges, as provided by subsection
(7)(b) of this section, prior to releasing the personal property to the tenant
or any lienholder;
(g) If the personal property is considered
to be abandoned pursuant to subsection (2)(c) of this section, the landlord may
not require payment of storage charges prior to releasing the personal
property;
(h) If the tenant or any lienholder fails
to contact the landlord by the specified date or fails to remove the personal
property within 30 days after that contact, the landlord may sell or dispose of
the personal property. If the landlord reasonably believes the county assessor
will determine that the current market value of the personal property is $8,000
or less, and the landlord intends to dispose of the property if the property is
not claimed, the notice shall state that belief and intent; and
(i) If applicable, there is a lienholder
that has a right to claim the personal property, except as provided by
subsection (18) of this section.
(6) For purposes of subsection (5) of this
section, the specified date by which a tenant or lienholder must contact a
landlord to arrange for the disposition of abandoned personal property must be
not less than 45 days after personal delivery or mailing of the notice.
(7) After notifying the tenant as required
by subsection (3) of this section, the landlord:
(a) Shall store the abandoned personal
property of the tenant on the rented space and shall exercise reasonable care
for the personal property; and
(b) Is entitled to reasonable or actual
storage charges and costs incidental to storage or disposal. The storage charge
may be no greater than the monthly space rent last payable by the tenant.
(8) If a tenant or lienholder, upon the
receipt of the notice provided by subsection (3) or (4) of this section or
otherwise, responds by actual notice to the landlord on or before the specified
date in the landlords notice that the tenant or lienholder intends to remove
the personal property from the premises, the landlord must make that personal
property available for removal by the tenant or lienholder by appointment at
reasonable times during the 30 days following the date of the response, subject
to subsection (18) of this section. If the personal property is considered to
be abandoned pursuant to subsection (2)(a) or (b) of this section, but not
pursuant to subsection (2)(c) of this section, the landlord may require payment
of storage charges, as provided in subsection (7)(b) of this section, prior to
allowing the tenant or lienholder to remove the personal property. Acceptance
by a landlord of such payment does not operate to create or reinstate a tenancy
or create a waiver pursuant to ORS 90.412 or 90.417.
(9) Except as provided in subsections (18)
to (20) of this section, if the tenant or lienholder does not respond within
the time provided by the landlords notice, or the tenant or lienholder does
not remove the personal property within 30 days after responding to the
landlord or by any date agreed to with the landlord, whichever is later, the
personal property is conclusively presumed to be abandoned. The tenant and any
lienholder that have been given notice pursuant to subsection (3) or (4) of
this section shall, except with regard to the distribution of sale proceeds
pursuant to subsection (13) of this section, have no further right, title or
interest to the personal property and may not claim or sell the property.
(10) If the personal property is presumed
to be abandoned under subsection (9) of this section, the landlord then may:
(a) Sell the personal property at a public
or private sale, provided that prior to the sale:
(A) The landlord may seek to transfer
ownership of record of the personal property by complying with the requirements
of the appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a newspaper of
general circulation in the county in which the personal property is located.
The notice shall state:
(I) That the personal property is
abandoned;
(II) The tenants name;
(III) The address and any space number
where the personal property is located, and any plate, registration or other
identification number for a floating home noted on the title, if actually known
to the landlord;
(IV) Whether the sale is by private
bidding or public auction;
(V) Whether the landlord is accepting
sealed bids and, if so, the last date on which bids will be accepted; and
(VI) The name and telephone number of the
person to contact to inspect the personal property;
(ii) At a reasonable time prior to the
sale, give a copy of the notice required by sub-subparagraph (i) of this
subparagraph to the tenant and to any lienholder, by personal delivery or first
class mail, except that for any lienholder, mail service must be by first class
mail with certificate of mailing;
(iii) Obtain an affidavit of publication
from the newspaper to show that the notice required under sub-subparagraph (i)
of this subparagraph ran in the newspaper at least one day in each of two
consecutive weeks prior to the date scheduled for the sale or the last date
bids will be accepted; and
(iv) Obtain written proof from the county
that all property taxes and assessments on the personal property have been paid
or, if not paid, that the county has authorized the sale, with the sale
proceeds to be distributed pursuant to subsection (13) of this section; or
(b) Destroy or otherwise dispose of the
personal property if the landlord determines from the county assessor that the
current market value of the property is $8,000 or less.
(11)(a) A public or private sale
authorized by this section must be conducted consistent with the terms listed
in subsection (10)(a)(B)(i) of this section. Every aspect of the sale including
the method, manner, time, place and terms must be commercially reasonable.
(b) If there is no buyer at a sale
described under paragraph (a) of this subsection, the personal property is
considered to be worth $8,000 or less, regardless of current market value, and
the landlord shall destroy or otherwise dispose of the personal property.
(12) Notwithstanding ORS 446.155 (1) and
(2), unless a landlord intentionally misrepresents the condition of personal
property, the landlord is not liable for the condition of the personal property
to:
(a) A buyer of the personal property at a
sale pursuant to subsection (10)(a) of this section, with or without
consideration; or
(b) A person or nonprofit organization to
whom the landlord gives the personal property pursuant to subsection (1)(b),
(10)(b) or (11)(b) of this section.
(13)(a) The landlord may deduct from the
proceeds of the sale:
(A) The reasonable or actual cost of
notice, storage and sale; and
(B) Unpaid rent.
(b) After deducting the amounts listed in
paragraph (a) of this subsection, the landlord shall remit the remaining
proceeds, if any, to the county tax collector to the extent of any unpaid
property taxes and assessments owed on the dwelling or home.
(c) After deducting the amounts listed in
paragraphs (a) and (b) of this subsection, if applicable, the landlord shall
remit the remaining proceeds, if any, to any lienholder to the extent of any
unpaid balance owed on the lien on the personal property.
(d) After deducting the amounts listed in
paragraphs (a), (b) and (c) of this subsection, if applicable, the landlord
shall remit to the tenant the remaining proceeds, if any, together with an
itemized accounting.
(e) If the tenant cannot after due
diligence be found, the landlord shall deposit the remaining proceeds with the
county treasurer of the county in which the sale occurred. If not claimed
within three years, the deposited proceeds revert to the general fund of the
county and are available for general purposes.
(14) The county tax collector shall cancel
all unpaid property taxes and assessments as provided under ORS 311.790 only
under one of the following circumstances:
(a) The landlord disposes of the personal
property after a determination described in subsection (10)(b) of this section.
(b) There is no buyer of the personal
property at a sale described under subsection (11) of this section.
(c)(A) There is a buyer of the personal
property at a sale described under subsection (11) of this section;
(B) The current market value of the
personal property is $8,000 or less; and
(C) The proceeds of the sale are
insufficient to satisfy the unpaid property taxes and assessments owed on the
personal property after distribution of the proceeds pursuant to subsection
(13) of this section.
(d)(A) The landlord buys the personal
property at a sale described under subsection (11) of this section;
(B) The current market value of the
personal property is more than $8,000;
(C) The proceeds of the sale are
insufficient to satisfy the unpaid property taxes and assessments owed on the
personal property after distribution of the proceeds pursuant to subsection
(13) of this section; and
(D) The landlord disposes of the personal
property.
(15) The landlord is not responsible for
any loss to the tenant or lienholder resulting from storage of personal
property in compliance with this section unless the loss was caused by the
landlords deliberate or negligent act. In the event of a deliberate and
malicious violation, the landlord is liable for twice the actual damages
sustained by the tenant or lienholder.
(16) Complete compliance in good faith
with this section shall constitute a complete defense in any action brought by
a tenant or lienholder against a landlord for loss or damage to such personal
property disposed of pursuant to this section.
(17) If a landlord does not comply with
this section:
(a) The tenant is relieved of any
liability for damage to the premises caused by conduct that was not deliberate,
intentional or grossly negligent and for unpaid rent and may recover from the
landlord up to twice the actual damages sustained by the tenant;
(b) A lienholder aggrieved by the
noncompliance may recover from the landlord the actual damages sustained by the
lienholder. ORS 90.255 does not authorize an award of attorney fees to the
prevailing party in any action arising under this paragraph; and
(c) A county tax collector aggrieved by
the noncompliance may recover from the landlord the actual damages sustained by
the tax collector, if the noncompliance is part of an effort by the landlord to
defraud the tax collector. ORS 90.255 does not authorize an award of attorney
fees to the prevailing party in any action arising under this paragraph.
(18) The provisions of this section
regarding the rights and responsibilities of a tenant to the abandoned personal
property also apply to any lienholder, except that the lienholder may not sell
or remove the dwelling or home unless:
(a) The lienholder has foreclosed the lien
on the manufactured dwelling or floating home;
(b) The tenant or a personal
representative or designated person described in subsection (20) of this
section has waived all rights under this section pursuant to subsection (22) of
this section; or
(c) The notice and response periods
provided by subsections (6) and (8) of this section have expired.
(19)(a) Except as provided by subsection
(20)(d) and (e) of this section, if a lienholder makes a timely response to a
notice of abandoned personal property pursuant to subsections (6) and (8) of
this section and so requests, a landlord shall enter into a written storage
agreement with the lienholder providing that the personal property may not be
sold or disposed of by the landlord for up to 12 months. A storage agreement
entitles the lienholder to store the personal property on the previously rented
space during the term of the agreement, but does not entitle anyone to occupy
the personal property.
(b) The lienholders right to a storage
agreement arises upon the failure of the tenant or, in the case of a deceased
tenant, the personal representative, designated person, heir or devisee to
remove or sell the dwelling or home within the allotted time.
(c) To exercise the right to a storage
agreement under this subsection, in addition to contacting the landlord with a
timely response as described in paragraph (a) of this subsection, the
lienholder must enter into the proposed storage agreement within 60 days after
the landlord gives a copy of the agreement to the lienholder. The landlord
shall give a copy of the proposed storage agreement to the lienholder in the
same manner as provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice of abandoned
property required by subsection (4) of this section. A lienholder enters into a
storage agreement by signing a copy of the agreement provided by the landlord
and personally delivering or mailing the signed copy to the landlord within the
60-day period.
(d) The storage agreement may require, in
addition to other provisions agreed to by the landlord and the lienholder,
that:
(A) The lienholder make timely periodic
payment of all storage charges, as described in subsection (7)(b) of this
section, accruing from the commencement of the 45-day period described in
subsection (6) of this section. A storage charge may include a utility or
service charge, as described in ORS 90.532, if limited to charges for
electricity, water, sewer service and natural gas and if incidental to the
storage of personal property. A storage charge may not be due more frequently
than monthly;
(B) The lienholder pay a late charge or
fee for failure to pay a storage charge by the date required in the agreement,
if the amount of the late charge is no greater than for late charges imposed on
facility tenants;
(C) The lienholder maintain the personal
property and the space on which the personal property is stored in a manner
consistent with the rights and obligations described in the rental agreement
that the landlord currently provides to tenants as required by ORS 90.510 (4);
and
(D) The lienholder repair any defects in
the physical condition of the personal property that existed prior to the
lienholder entering into the storage agreement, if the defects and necessary
repairs are reasonably described in the storage agreement and, for homes that
were first placed on the space within the previous 24 months, the repairs are
reasonably consistent with facility standards in effect at the time of
placement. The lienholder shall have 90 days after entering into the storage
agreement to make the repairs. Failure to make the repairs within the allotted
time constitutes a violation of the storage agreement and the landlord may
terminate the agreement by giving at least 14 days written notice to the
lienholder stating facts sufficient to notify the lienholder of the reason for
termination. Unless the lienholder corrects the violation within the notice
period, the agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
(e) Notwithstanding subsection (7)(b) of
this section, a landlord may increase the storage charge if the increase is
part of a facility-wide rent increase for all facility tenants, the increase is
no greater than the increase for other tenants and the landlord gives the
lienholder written notice consistent with the requirements of ORS 90.600 (1).
(f) During the term of an agreement
described under this subsection, the lienholder has the right to remove or sell
the property, subject to the provisions of the lien. Selling the property
includes a sale to a purchaser who wishes to leave the property on the rented
space and become a tenant, subject to the provisions of ORS 90.680. The
landlord may condition approval for occupancy of any purchaser of the property
upon payment of all unpaid storage charges and maintenance costs.
(g)(A) Except as provided in paragraph
(d)(D) of this subsection, if the lienholder violates the storage agreement,
the landlord may terminate the agreement by giving at least 90 days written
notice to the lienholder stating facts sufficient to notify the lienholder of
the reason for the termination. Unless the lienholder corrects the violation
within the notice period, the agreement terminates as provided and the landlord
may sell or dispose of the property without further notice to the lienholder.
(B) After a landlord gives a termination
notice pursuant to subparagraph (A) of this paragraph for failure of the
lienholder to pay a storage charge and the lienholder corrects the violation,
if the lienholder again violates the storage agreement by failing to pay a
subsequent storage charge, the landlord may terminate the agreement by giving
at least 30 days written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for termination. Unless the lienholder
corrects the violation within the notice period, the agreement terminates as
provided and the landlord may sell or dispose of the property without further
notice to the lienholder.
(C) A lienholder may terminate a storage
agreement at any time upon at least 14 days written notice to the landlord and
may remove the property from the facility if the lienholder has paid all
storage charges and other charges as provided in the agreement.
(h) Upon the failure of a lienholder to
enter into a storage agreement as provided by this subsection or upon
termination of an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the property, the landlord may sell or dispose
of the property pursuant to this section without further notice to the
lienholder.
(20) If the personal property is
considered abandoned as a result of the death of a tenant who was the only
tenant, this section applies, except as follows:
(a) The provisions of this section
regarding the rights and responsibilities of a tenant to the abandoned personal
property shall apply to any personal representative named in a will or appointed
by a court to act for the deceased tenant or any person designated in writing
by the tenant to be contacted by the landlord in the event of the tenants
death.
(b) The notice required by subsection (3)
of this section must be:
(A) Sent by first class mail to the
deceased tenant at the premises; and
(B) Personally delivered or sent by first
class mail to any personal representative or designated person if actually
known to the landlord.
(c) The notice described in subsection (5)
of this section must refer to any personal representative or designated person,
instead of the deceased tenant, and must incorporate the provisions of this
subsection.
(d) If a personal representative,
designated person or other person entitled to possession of the property, such
as an heir or devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so requests, the
landlord shall enter into a written storage agreement with the representative
or person providing that the personal property may not be sold or disposed of
by the landlord for up to 90 days or until conclusion of any probate
proceedings, whichever is later. A storage agreement entitles the
representative or person to store the personal property on the previously
rented space during the term of the agreement, but does not entitle anyone to
occupy the personal property. If such an agreement is entered, the landlord may
not enter a similar agreement with a lienholder pursuant to subsection (19) of
this section until the agreement with the personal representative or designated
person ends.
(e) If a personal representative or other
person requests that a landlord enter into a storage agreement, subsection
(19)(c) to (e) and (g)(C) of this section applies, with the representative or
person having the rights and responsibilities of a lienholder with regard to
the storage agreement.
(f) During the term of an agreement
described under paragraph (d) of this subsection, the representative or person
has the right to remove or sell the property, including a sale to a purchaser
or a transfer to an heir or devisee where the purchaser, heir or devisee wishes
to leave the property on the rented space and become a tenant, subject to the
provisions of ORS 90.680. The landlord also may condition approval for
occupancy of any purchaser, heir or devisee of the property upon payment of all
unpaid storage charges and maintenance costs.
(g) If the representative or person
violates the storage agreement, the landlord may terminate the agreement by
giving at least 30 days written notice to the representative or person stating
facts sufficient to notify the representative or person of the reason for the
termination. Unless the representative or person corrects the violation within
the notice period, the agreement terminates as provided and the landlord may
sell or dispose of the property without further notice to the representative or
person.
(h) Upon the failure of a representative
or person to enter into a storage agreement as provided by this subsection or
upon termination of an agreement, unless the parties otherwise agree or the
representative or person has sold or removed the property, the landlord may
sell or dispose of the property pursuant to this section without further notice
to the representative or person.
(21) If a governmental agency determines
that the condition of personal property abandoned under this section
constitutes an extreme health or safety hazard under state or local law and the
agency determines that the hazard endangers others in the facility and requires
quick removal of the property, the landlord may sell or dispose of the property
pursuant to this subsection. The landlord shall comply with all provisions of
this section, except as follows:
(a) The date provided in subsection (6) of
this section by which a tenant, lienholder, personal representative or
designated person must contact a landlord to arrange for the disposition of the
property must be not less than 15 days after personal delivery or mailing of
the notice required by subsection (3) of this section.
(b) The date provided in subsections (8)
and (9) of this section by which a tenant, lienholder, personal representative
or designated person must remove the property must be not less than seven days
after the tenant, lienholder, personal representative or designated person
contacts the landlord.
(c) The notice required by subsection (3)
of this section must be as provided in subsection (5) of this section, except
that:
(A) The dates and deadlines in the notice
for contacting the landlord and removing the property must be consistent with
this subsection;
(B) The notice must state that a
governmental agency has determined that the property constitutes an extreme
health or safety hazard and must be removed quickly; and
(C) The landlord shall attach a copy of
the agencys determination to the notice.
(d) If the tenant, a lienholder or a
personal representative or designated person does not remove the property
within the time allowed, the landlord or a buyer at a sale by the landlord
under subsection (11) of this section shall promptly remove the property from
the facility.
(e) A landlord is not required to enter
into a storage agreement with a lienholder, personal representative or
designated person pursuant to subsection (19) of this section.
(22)(a) A landlord may sell or dispose of
a tenants abandoned personal property without complying with the provisions of
this section if, after termination of the tenancy or no more than seven days
prior to the termination of the tenancy, the following parties so agree in a
writing entered into in good faith:
(A) The landlord;
(B) The tenant, or for an abandonment as
the result of the death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to possession of the
personal property, such as an heir or devisee, as described in subsection (20)
of this section; and
(C) Any lienholder.
(b) A landlord may not, as part of a
rental agreement, as a condition to approving a sale of property on rented
space under ORS 90.680 or in any other manner, require a tenant, a personal
representative, a designated person or any lienholder to waive any right
provided by this section.
(23) Until personal property is conclusively
presumed to be abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal property. [1997
c.577 §27b; 1999 c.603 §33; 1999 c.676 §24; 2001 c.44 §2; 2001 c.596 §40; 2003
c.378 §18; 2003 c.655 §58; 2003 c.658 §8; 2005 c.5 §2; 2005 c.619 §§21,22; 2007
c.906 §34]
90.680
(2) The landlord may not exact a
commission or fee for the sale of a manufactured dwelling or floating home on a
rented space unless the landlord has acted as agent for the seller pursuant to
written contract.
(3) The landlord may not deny the tenant
the right to place a for sale sign on or in a manufactured dwelling or
floating home owned by the tenant. The size, placement and character of such
signs shall be subject to reasonable rules of the landlord.
(4) If the prospective purchaser of a
manufactured dwelling or floating home desires to leave the dwelling or home on
the rented space and become a tenant, the landlord may require in the rental
agreement:
(a) Except when a termination or
abandonment occurs, that a tenant give not more than 10 days notice in writing
prior to the sale of the dwelling or home on a rented space;
(b) That prior to the sale, the
prospective purchaser submit to the landlord a complete and accurate written
application for occupancy of the dwelling or home as a tenant after the sale is
finalized and that a prospective purchaser may not occupy the dwelling or home
until after the prospective purchaser is accepted by the landlord as a tenant;
(c) That a tenant give notice to any
lienholder, prospective purchaser or person licensed to sell dwellings or homes
of the requirements of paragraphs (b) and (d) of this subsection, the location
of all properly functioning smoke alarms and any other rules and regulations of
the facility such as those described in ORS 90.510 (5)(b), (f), (h) and (i);
and
(d) If the sale is not by a lienholder,
that the prospective purchaser pay in full all rents, fees, deposits or charges
owed by the tenant as authorized under ORS 90.140 and the rental agreement,
prior to the landlords acceptance of the prospective purchaser as a tenant.
(5) If a landlord requires a prospective
purchaser to submit an application for occupancy as a tenant under subsection
(4) of this section, at the time that the landlord gives the prospective
purchaser an application the landlord shall also give the prospective purchaser
copies of the statement of policy, the rental agreement and the facility rules
and regulations, including any conditions imposed on a subsequent sale, all as
provided by ORS 90.510. The terms of the statement, rental agreement and rules
and regulations need not be the same as those in the selling tenants
statement, rental agreement and rules and regulations.
(6) The following apply if a landlord
receives an application for tenancy from a prospective purchaser under
subsection (4) of this section:
(a) The landlord shall accept or reject
the prospective purchasers application within seven days following the day the
landlord receives a complete and accurate written application. An application
is not complete until the prospective purchaser pays any required applicant
screening charge and provides the landlord with all information and
documentation, including any financial data and references, required by the
landlord pursuant to ORS 90.510 (5)(h). The landlord and the prospective
purchaser may agree to a longer time period for the landlord to evaluate the
prospective purchasers application or to allow the prospective purchaser to
address any failure to meet the landlords screening or admission criteria. If
a tenant has not previously given the landlord the 10 days notice required
under subsection (4)(a) of this section, the period provided for the landlord
to accept or reject a complete and accurate written application is extended to
10 days.
(b) The landlord may not unreasonably
reject a prospective purchaser as a tenant. Reasonable cause for rejection
includes, but is not limited to, failure of the prospective purchaser to meet
the landlords conditions for approval as provided in ORS 90.510 (5)(h) or
failure of the prospective purchasers references to respond to the landlords
timely request for verification within the time allowed for acceptance or
rejection under paragraph (a) of this subsection. Except as provided in
paragraph (c) of this subsection, the landlord shall furnish to the seller and
purchaser a written statement of the reasons for the rejection.
(c) If a rejection under paragraph (b) of
this subsection is based upon a consumer report, as defined in 15 U.S.C. 1681a
for purposes of the federal Fair Credit Reporting Act, the landlord may not disclose
the contents of the report to anyone other than the purchaser. The landlord
shall disclose to the seller in writing that the rejection is based upon
information contained within a consumer report and that the landlord may not
disclose the information within the report.
(7) The following apply if a landlord does
not require a prospective purchaser to submit an application for occupancy as a
tenant under subsection (4) of this section or if the landlord does not accept
or reject the prospective purchaser as a tenant within the time required under
subsection (6) of this section:
(a) The landlord waives any right to bring
an action against the tenant under the rental agreement for breach of the
landlords right to establish conditions upon and approve a prospective
purchaser of the tenants dwelling or home;
(b) The prospective purchaser, upon
completion of the sale, may occupy the dwelling or home as a tenant under the
same conditions and terms as the tenant who sold the dwelling or home; and
(c) If the prospective purchaser becomes a
new tenant, the landlord may impose conditions or terms on the tenancy that are
inconsistent with the terms and conditions of the sellers rental agreement
only if the new tenant agrees in writing.
(8) A landlord may not, because of the
age, size, style or original construction material of the dwelling or home or
because the dwelling or home was built prior to adoption of the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
5403), in compliance with the standards of that Act in effect at that time or
in compliance with the state building code as defined in ORS 455.010:
(a) Reject an application for tenancy from
a prospective purchaser of an existing dwelling or home on a rented space within
a facility; or
(b) Require a prospective purchaser of an
existing dwelling or home on a rented space within a facility to remove the
dwelling or home from the rented space.
(9) A tenant who has received a notice
pursuant to ORS 90.632 may sell the tenants dwelling or home in compliance
with this section during the notice period. The tenant shall provide a
prospective purchaser with a copy of any outstanding notice given pursuant to
ORS 90.632 prior to a sale. The landlord may also give any prospective
purchaser a copy of any such notice. The landlord may require as a condition of
tenancy that a prospective purchaser who desires to leave the dwelling or home
on the rented space and become a tenant must comply with the notice within the
notice period consistent with ORS 90.632. If the tenancy has been terminated
pursuant to ORS 90.632, or the notice period provided in ORS 90.632 has expired
without a correction of cause or extension of time to correct, a prospective
purchaser does not have a right to leave the dwelling or home on the rented
space and become a tenant.
(10) Except as provided by subsection (9)
of this section, after a tenancy has ended and during the period provided by
ORS 90.675 (6) and (8), a former tenant retains the right to sell the tenants
dwelling or home to a purchaser who wishes to leave the dwelling or home on the
rented space and become a tenant as provided by this section, if the former
tenant makes timely periodic payment of all storage charges as provided by ORS
90.675 (7)(b), maintains the dwelling or home and the rented space on which it
is stored and enters the premises only with the written permission of the
landlord. Payment of the storage charges or maintenance of the dwelling or home
and the space does not create or reinstate a tenancy or create a waiver
pursuant to ORS 90.412 or 90.417. A former tenant may not enter the premises
without the written permission of the landlord, including entry to maintain the
dwelling or home or the space or to facilitate a sale. [Formerly 91.890; 1991
c.844 §14; 1993 c.580 §6; 1997 c.577 §27c; 1999 c.676 §25; 1999 c.820 §2; 2003
c.658 §9; 2005 c.22 §68; 2007 c.906 §35]
90.690 [Formerly 91.910; 1991 c.844 §15; 1993 c.580
§7; 1995 c.559 §38; repealed by 1997 c.577 §50]
(Actions)
90.710
Causes of action; limit on cause of action of tenant; attorney fees. (1) Any person aggrieved by a violation of
ORS 90.525, 90.630, 90.680 or 90.765 shall have a cause of action against the
violator thereof for any damages sustained as a result of the violation or
$200, whichever is greater.
(2)(a) Except as provided in paragraphs
(b) and (c) of this subsection, a tenant shall have a cause of action against
the landlord for a violation of ORS 90.510 (4) for any damages sustained as a
result of such violation, or $100, whichever is greater.
(b) However, the tenant shall have no
cause of action if, within 10 days after the tenant requests a written
agreement from the landlord, the landlord offers to enter into a written
agreement which does not substantially alter the terms of the oral agreement
made when the tenant rented the space and which complies with this chapter.
(c) If, within 10 days after being served
with a complaint alleging a violation of ORS 90.510, the landlord offers to
enter into a written rental agreement with each of the other tenants of the
landlord which does not substantially alter the terms of the oral agreement
made when each tenant rented the space and which complies with this chapter,
then the landlord shall not be subject to any further liability to such other
tenants for previous violations of ORS 90.510.
(d) Notwithstanding ORS 41.580 (1), if a
landlord and a tenant mutually agree on the terms of an oral agreement for
renting residential property, but the tenant refuses to sign a written
memorandum of that agreement after it has been reduced to writing by the
landlord and offered to the tenant for the tenants signature, the oral
agreement shall be enforceable notwithstanding the tenants refusal to sign.
(e) A purchaser shall have a cause of
action against a seller for damages sustained or $100, whichever is greater,
who sells the tenants manufactured dwelling or floating home to the purchaser
before the landlord has accepted the purchaser as a tenant if:
(A) The landlord rejects the purchaser as
a tenant; and
(B) The seller knew the purchaser intended
to leave the manufactured dwelling or floating home on the space.
(3) The court may award reasonable
attorney fees to the prevailing party in an action under this section. [Formerly
91.900; 1991 c.67 §16; 1991 c.844 §16; 1995 c.559 §39; 1995 c.618 §52]
90.720
Action to enjoin violation of ORS 90.750 or 90.755. In addition to the tenants cause of action
under ORS 90.710, any tenant prevented from exercising the rights in ORS 90.750
or 90.755 may bring an action in the appropriate court having jurisdiction in
the county in which the alleged infringement occurred, and upon favorable
adjudication, the court shall enjoin the enforcement of any provision contained
in any bylaw, rental agreement, regulation or rule, pertaining to a facility,
which operates to deprive the tenant of these rights. [Formerly 91.930]
(Landlord
Rights and Obligations)
90.725
Landlord or agent access to rented space; remedies. (1) A landlord or a landlords agent may
enter onto a rented space, not including the tenants manufactured dwelling or
floating home or an accessory building or structure, in order to inspect the
space, make necessary or agreed repairs, decorations, alterations or
improvements, supply necessary or agreed services, perform agreed yard
maintenance, equipment servicing or grounds keeping or exhibit the space to
prospective or actual purchasers of the facility, mortgagees, tenants, workers
or contractors. The right of access of the landlord or landlords agent is
limited as follows:
(a) A landlord or landlords agent may
enter upon the rented space without consent of the tenant and without notice to
the tenant for the purpose of serving notices required or permitted under this
chapter, the rental agreement or any provision of applicable law.
(b) In case of an emergency, a landlord or
landlords agent may enter the rented space without consent of the tenant,
without notice to the tenant and at any time. Emergency includes but is not
limited to a repair problem that, unless remedied immediately, is likely to
cause serious damage to the premises. If a landlord or landlords agent makes
an emergency entry in the tenants absence, the landlord shall give the tenant
actual notice within 24 hours after the entry, and the notice shall include the
fact of the entry, the date and time of the entry, the nature of the emergency
and the names of the persons who entered.
(c) If the tenant requests repairs or
maintenance in writing, the landlord or landlords agent, without further
notice, may enter upon demand, in the tenants absence or without consent of
the tenant, for the purpose of making the requested repairs until the repairs
are completed. The tenants written request may specify allowable times.
Otherwise, the entry must be at a reasonable time. The authorization to enter
provided by the tenants written request expires after seven days, unless the
repairs are in progress and the landlord or landlords agent is making a
reasonable effort to complete the repairs in a timely manner. If the person
entering to do the repairs is not the landlord, upon request of the tenant, the
person must show the tenant written evidence from the landlord authorizing that
person to act for the landlord in making the repairs.
(d)(A) If a written agreement requires the
landlord to perform yard maintenance, equipment servicing or grounds keeping
for the space:
(i) A landlord and tenant may agree that
the landlord or landlords agent may enter for that purpose upon the space,
without notice to the tenant, at reasonable times and with reasonable
frequency. The terms of the right of entry must be described in the rental
agreement or in a separate written agreement.
(ii) A tenant may deny consent for a
landlord or landlords agent to enter upon the space pursuant to this paragraph
if the entry is at an unreasonable time or with unreasonable frequency. The
tenant must assert the denial by giving actual notice of the denial to the
landlord or landlords agent prior to, or at the time of, the attempted entry.
(B) As used in this paragraph:
(i) Yard maintenance, equipment servicing
or grounds keeping includes, but is not limited to, servicing individual
septic tank systems or water pumps, weeding, mowing grass and pruning trees and
shrubs.
(ii) Unreasonable time refers to a time
of day, day of the week or particular time that conflicts with the tenants
reasonable and specific plans to use the space.
(e) In all other cases, unless there is an
agreement between the landlord and the tenant to the contrary regarding a
specific entry, the landlord shall give the tenant at least 24 hours actual
notice of the intent of the landlord to enter and the landlord or landlords
agent may enter only at reasonable times. The landlord or landlords agent may
not enter if the tenant, after receiving the landlords notice, denies consent
to enter. The tenant must assert this denial of consent by giving actual notice
of the denial to the landlord or the landlords agent prior to, or at the time
of, the attempt by the landlord or landlords agent to enter.
(2) A landlord shall not abuse the right
of access or use it to harass the tenant. A tenant shall not unreasonably
withhold consent from the landlord to enter.
(3) A landlord has no other right of
access except:
(a) Pursuant to court order;
(b) As permitted by ORS 90.410 (2);
(c) As permitted under ORS 90.539; or
(d) When the tenant has abandoned or
relinquished the premises.
(4) If a landlord is required by a
governmental agency to enter a rented space, but the landlord fails to gain
entry after a good faith effort in compliance with this section, the landlord
shall not be found in violation of any state statute or local ordinance due to
the failure.
(5) If the tenant refuses to allow lawful
access, the landlord may obtain injunctive relief to compel access or may
terminate the rental agreement pursuant to ORS 90.630 (1) and take possession
in the manner provided in ORS 105.105 to 105.168. In addition, the landlord may
recover actual damages.
(6) If the landlord makes an unlawful
entry or a lawful entry in an unreasonable manner or makes repeated demands for
entry otherwise lawful but that have the effect of unreasonably harassing the
tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of
the conduct or may terminate the rental agreement pursuant to ORS 90.620 (1).
In addition, the tenant may recover actual damages not less than an amount
equal to one months rent. [1999 c.676 §2; 2005 c.619 §23]
90.730
Landlord duty to maintain rented space, vacant spaces and common areas in
habitable condition. (1) As
used in this section, facility common areas means all areas under control of
the landlord and held out for the general use of tenants.
(2) A landlord who rents a space for a
manufactured dwelling or floating home shall at all times during the tenancy
maintain the rented space, vacant spaces in the facility and the facility
common areas in a habitable condition. The landlord does not have a duty to
maintain a dwelling or home. A landlords habitability duty under this section
includes only the matters described in subsections (3) to (5) of this section.
(3) For purposes of this section, a rented
space is considered unhabitable if it substantially lacks:
(a) A sewage disposal system and a
connection to the space approved under applicable law at the time of
installation and maintained in good working order to the extent that the sewage
disposal system can be controlled by the landlord;
(b) If required by applicable law, a
drainage system reasonably capable of disposing of storm water, ground water
and subsurface water, approved under applicable law at the time of installation
and maintained in good working order;
(c) A water supply and a connection to the
space approved under applicable law at the time of installation and maintained
so as to provide safe drinking water and to be in good working order to the
extent that the water supply system can be controlled by the landlord;
(d) An electrical supply and a connection
to the space approved under applicable law at the time of installation and
maintained in good working order to the extent that the electrical supply
system can be controlled by the landlord;
(e) At the time of commencement of the
rental agreement, buildings, grounds and appurtenances that are kept in every
part safe for normal and reasonably foreseeable uses, clean, sanitary and free
from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;
(f) Except as otherwise provided by local
ordinance or by written agreement between the landlord and the tenant, an
adequate number of appropriate receptacles for garbage and rubbish in clean
condition and good repair at the time of commencement of the rental agreement,
and for which the landlord shall provide and maintain appropriate serviceable
receptacles thereafter and arrange for their removal; and
(g) Completion of any landlord-provided
space improvements, including but not limited to installation of carports,
garages, driveways and sidewalks, approved under applicable law at the time of
installation.
(4) A vacant space in a facility is
considered unhabitable if the space substantially lacks safety from the hazards
of fire or injury.
(5) A facility common area is considered
unhabitable if it substantially lacks:
(a) Buildings, grounds and appurtenances
that are kept in every part safe for normal and reasonably foreseeable uses,
clean, sanitary and free from all accumulations of debris, filth, rubbish,
garbage, rodents and vermin;
(b) Safety from the hazards of fire; and
(c) Trees, shrubbery and grass maintained
in a safe manner.
(6) The landlord and tenant may agree in
writing that the tenant is to perform specified repairs, maintenance tasks and
minor remodeling only if:
(a) The agreement of the parties is
entered into in good faith and not for the purpose of evading the obligations
of the landlord;
(b) The agreement does not diminish the
obligations of the landlord to other tenants on the premises; and
(c) The terms and conditions of the
agreement are clearly and fairly disclosed and adequate consideration for the
agreement is specifically stated. [1999 c.676 §6; 2007 c.906 §40]
Note: Sections 2, 3, 4 and 26, chapter 619, Oregon
Laws 2005, provide:
Sec.
2. Landlord registration.
(1) Every landlord of a facility shall register in writing with the Housing and
Community Services Department. The registration shall consist of the following
information:
(a) The name and business mailing address
of the landlord and of any person authorized to manage the premises.
(b) The name of the facility.
(c) The physical address of the facility
or, if different from the physical address, the mailing address.
(d) A telephone number of the facility.
(e) The total number of spaces in the
facility.
(2)(a) The landlord of a new facility
shall register with the department no later than 60 days after the opening of
the facility.
(b) A landlord shall notify the department
in writing of any change in the required registration information no later than
60 days after the change.
(3) The department shall confirm receipt
of a registration or a change in registration information.
(4) Notwithstanding subsections (1) to (3)
of this section, the department may provide for registration, registration
changes and confirmation of registration to be accomplished by electronic means
instead of in writing. [2005 c.619 §2; 2007 c.906 §38]
Sec.
3. Manager or owner continuing education requirements. (1) At least one person for each facility
who has authority to manage the premises shall, every two years, complete six
hours of continuing education relating to the management of facilities. The
following apply for a person whose continuing education is required:
(a) If there is any manager or owner who
lives in the facility, the person completing the continuing education must be a
manager or owner who lives in the facility.
(b) If no manager or owner lives in the
facility, the person completing the continuing education must be a manager who
lives outside the facility or, if there is no manager, an owner of the
facility.
(c) A manager or owner may satisfy the
continuing education requirement for more than one facility if those facilities
do not have a manager or owner who lives in the facility.
(2) If a person becomes the facility
manager or owner who is responsible for completing continuing education, and
the person does not have a current certificate of completion issued under
subsection (3) of this section, the person shall complete the continuing
education requirement by taking the next regularly scheduled continuing
education class or by taking a continuing education class held within 75 days.
(3) The Housing and Community Services
Department shall ensure that continuing education classes:
(a) Are offered at least once every six
months;
(b) Are taught by persons approved by the
department and affiliated with a statewide nonprofit trade association that
represents manufactured housing interests;
(c) Have at least one-half of the class
instruction on one or more provisions of ORS chapter 90, ORS 105.105 to
105.168, fair housing law or other law relating to landlords and tenants;
(d) Provide a certificate of completion to
all attendees; and
(e) Provide the department with the
following information:
(A) The name of each person who attends a
class;
(B) The name of the attendees facility;
(C) The city or county in which the
attendees facility is located;
(D) The date of the class; and
(E) The names of the persons who taught
the class.
(4) The department, a trade association or
instructor is not responsible for the conduct of a landlord, manager, owner or
other person attending a continuing education class under this section. This
section does not create a cause of action against the department, a trade
association or instructor related to the continuing education class.
(5) The owner of a facility is responsible
for ensuring compliance with the continuing education requirements in this
section. [2005 c.619 §3; 2007 c.906 §39]
Sec.
4. Civil penalties. (1) The
Housing and Community Services Department may assess a civil penalty against a
landlord if the department finds that the landlord has not made a good faith
effort to comply with section 2 or 3 of this 2005 Act. The civil penalty may
not exceed $500.
(2) A civil penalty assessed under this
section shall be deposited to the Mobile Home Parks Account and continuously
appropriated to the department for use in carrying out the policies described
in ORS 446.515. [2005 c.619 §4]
Sec.
26. Repeal. Sections 2 to 4
of this 2005 Act are repealed January 2, 2012. [2005 c.619 §26]
(Tenant
Rights and Obligations)
90.740
Tenant obligations. A tenant
shall:
(1) Install the tenants manufactured
dwelling or floating home and any accessory building or structure on a rented
space in compliance with applicable laws and the rental agreement.
(2) Except as provided by the rental
agreement, dispose from the dwelling or home and the rented space all ashes,
garbage, rubbish and other waste in a clean, safe and legal manner. With regard
to needles, syringes and other infectious waste, as defined in ORS 459.386, the
tenant may not dispose of these items by placing them in garbage receptacles or
in any other place or manner except as authorized by state and local
governmental agencies.
(3) Behave, and require persons on the
premises with the consent of the tenant to behave, in compliance with the
rental agreement and with any laws or ordinances that relate to the tenants
behavior as a tenant.
(4) Except as provided by the rental agreement:
(a) Use the rented space and the facility
common areas in a reasonable manner considering the purposes for which they
were designed and intended;
(b) Keep the rented space in every part
free from all accumulations of debris, filth, rubbish, garbage, rodents and
vermin as the condition of the rented space permits and to the extent that the
tenant is responsible for causing the problem. The tenant shall cooperate to a
reasonable extent in assisting the landlord in any reasonable effort to remedy the
problem;
(c) Keep the dwelling or home, and the
rented space, safe from the hazards of fire;
(d) Install and maintain in the dwelling
or home a smoke alarm approved under applicable law;
(e) Install and maintain storm water
drains on the roof of the dwelling or home and connect the drains to the
drainage system, if any;
(f) Use electrical, water, storm water
drainage and sewage disposal systems in a reasonable manner and maintain the
connections to those systems;
(g) Refrain from deliberately or negligently
destroying, defacing, damaging, impairing or removing any part of the facility,
other than the tenants own dwelling or home, or knowingly permitting any
person to do so;
(h) Maintain, water and mow or prune any
trees, shrubbery or grass on the rented space; and
(i) Behave, and require persons on the
premises with the consent of the tenant to behave, in a manner that does not
disturb the peaceful enjoyment of the premises by neighbors. [1999 c.676 §3]
90.750
Right to assemble or canvass in facility; limitations. No provision contained in any bylaw, rental
agreement, regulation or rule pertaining to a facility shall:
(1) Infringe upon the right of persons who
rent spaces in a facility to peaceably assemble in an open public meeting for
any lawful purpose, at reasonable times and in a reasonable manner, in the
common areas or recreational areas of the facility. Reasonable times shall
include daily the hours between 8 a.m. and 10 p.m.
(2) Infringe upon the right of persons who
rent spaces in a facility to communicate or assemble among themselves, at
reasonable times and in a reasonable manner, for the purpose of discussing any
matter, including but not limited to any matter relating to the facility or
manufactured dwelling or floating home living. The discussions may be held in
the common areas or recreational areas of the facility, including halls or
centers, or any residents dwelling unit or floating home. The landlord of a
facility, however, may enforce reasonable rules and regulations including but
not limited to place, scheduling, occupancy densities and utilities.
(3) Prohibit any person who rents a space
for a manufactured dwelling or floating home from canvassing other persons in
the same facility for purposes described in this section. As used in this
subsection, canvassing includes door-to-door contact, an oral or written
request, the distribution, the circulation, the posting or the publication of a
notice or newsletter or a general announcement or any other matter relevant to
the membership of a tenants association.
(4) This section is not intended to
require a landlord to permit any person to solicit money, except that a tenants
association member, whether or not a tenant of the facility, may personally
collect delinquent dues owed by an existing member of a tenants association.
(5) This section is not intended to
require a landlord to permit any person to disregard a tenants request not to
be canvassed. [Formerly 91.920; 1991 c.844 §17; 1997 c.303 §2]
90.755
Right to speak on political issues; limitations; placement of political signs. (1) No provision in any bylaw, rental
agreement, regulation or rule shall infringe upon the right of a person who
rents a space for a manufactured dwelling or floating home to invite public
officers, candidates for public office or officers or representatives of a
tenant organization to appear and speak upon matters of public interest in the
common areas or recreational areas of the facility at reasonable times and in a
reasonable manner in an open public meeting. The landlord of a facility,
however, may enforce reasonable rules and regulations relating to the time,
place and scheduling of the speakers that will protect the interests of the
majority of the homeowners.
(2) The landlord shall allow the tenant to
place political signs on or in a manufactured dwelling or floating home owned
by the tenant. The size, placement and character of such signs shall be subject
to the reasonable rules of the landlord. [Formerly 91.925; 1991 c.844 §18; 1995
c.559 §40]
90.760
Notice to tenants association when park becomes subject to listing agreement. (1) A tenants association or a facility
purchase association may give written notice to the landlord of a facility in
which some or all of the members of the associations reside as tenants
requesting that the associations be notified, by first class mail to no more
than three specified persons and addresses for each association, in the event
the facility becomes subject to a listing agreement for the sale of all or part
of the facility.
(2) If an association requests notice
pursuant to subsection (1) of this section, the landlord shall give written
notice to the persons and addresses designated in the request as soon as all or
any portion of the facility becomes subject to a listing agreement entered into
by or on behalf of the owner. [Formerly 91.905; 1991 c.844 §23]
90.765
Prohibitions on retaliatory conduct by landlord. (1) In addition to the prohibitions of ORS
90.385, a landlord who rents a space for a manufactured dwelling or floating
home may not retaliate by increasing rent or decreasing services, by serving a
notice to terminate the tenancy or by bringing or threatening to bring an
action for possession after:
(a) The tenant has expressed an intention
to complain to agencies listed in ORS 90.385;
(b) The tenant has made any complaint to
the landlord which is in good faith;
(c) The tenant has filed or expressed
intent to file a complaint under ORS 659A.820; or
(d) The tenant has performed or expressed
intent to perform any other act for the purpose of asserting, protecting or
invoking the protection of any right secured to tenants under any federal,
state or local law.
(2) If the landlord acts in violation of
subsection (1) of this section the tenant is entitled to the remedies provided
in ORS 90.710 (1) and has a defense in any retaliatory action against the
tenant for possession. [Formerly 91.870; 1991 c.67 §17; 1993 c.18 §17; 2001
c.621 §84]
90.770 [Formerly 91.950; 1991 c.844 §29; 1997 c.249
§33; 1999 c.154 §1; repealed by 2001 c.596 §25 (90.771 enacted in lieu of
90.770)]
90.771
Confidentiality of information regarding disputes. (1) In order to foster the role of the
Office of Manufactured Dwelling Park Community Relations in mediating and
resolving disputes between landlords and tenants of manufactured dwelling and
floating home facilities, the Housing and Community Services Department shall
establish procedures to maintain the confidentiality of information received by
the office pertaining to individual landlords and tenants of facilities and to
landlord-tenant disputes. The procedures must comply with the provisions of
this section.
(2) Except as provided in subsection (3)
of this section, the department shall treat as confidential and not disclose:
(a) The identity of a landlord, tenant or
complainant involved in a dispute or of a person who provides information to
the department in response to a department investigation of a dispute;
(b) Information provided to the department
by a landlord, tenant, complainant or other person relating to a dispute; or
(c) Information discovered by the
department in investigating a dispute.
(3) The department may disclose:
(a) Information described in subsection
(2) of this section to a state agency; and
(b) Information described in subsection
(2) of this section if the landlord, tenant, complainant or other person who
provided the information being disclosed, or the legal representative thereof,
consents orally or in writing to the disclosure and specifies to whom the
disclosure may be made. Only the landlord, tenant, complainant or other person
who provided the information to the department may authorize or deny the
disclosure of the information.
(4) This section does not prohibit the
department from compiling and disclosing examples and statistics that
demonstrate information such as the type of dispute, frequency of occurrence
and geographical area where the dispute occurred if the identity of the
landlord, tenant, complainant and other persons are protected. [2001 c.596 §26
(enacted in lieu of 90.770); 2003 c.21 §2; 2005 c.22 §69]
90.775
Rules. The Housing and
Community Services Department may adopt rules necessary to carry out the
provisions of ORS 90.771. [Formerly 91.955; 2001 c.596 §49]
(Facility Purchase
by Tenants)
90.800
Policy. (1) The State of
(2) It is the policy of the State of
(3) The purpose of ORS 90.100, 90.630,
90.760, 90.800 to 90.840, 308.905, 446.003, 456.579 and 456.581 is to strengthen
the private housing market in
90.810
Association notification of possible sale of facility. (1) A facility owner shall notify, as
described in ORS 90.760, the tenants association and a facility purchase
association within 10 days of receipt of:
(a) Any written offer received by the
owner or agent of the owner to purchase the facility which the owner intends to
consider; or
(b) Any listing agreement entered into, by
the owner or agent of the owner, to effect the sale of the facility.
(2) The notice required by subsection (1)
of this section shall be mailed to any association and facility purchase
association. [1989 c.919 §8; 1991 c.844 §25; 1995 c.559 §43]
90.815
Incorporation of facility purchase association. A facility purchase association shall comply
with the provisions of ORS chapters 60, 62 and 65 before making the offer
provided for under ORS 90.820. [1989 c.919 §9; 1991 c.844 §26]
90.820
Facility purchase by association or nonprofit corporation; procedures. (1) Within 14 days of delivery by or on
behalf of the facility owner of the notice required by ORS 90.760 (2) or
90.810, a tenants association or facility purchase association may notify the
owner of the facility in which the tenants reside by certified mail or personal
service at the address disclosed to the tenants under ORS 90.305 (1)(a) that
the association, or a tenants association supported nonprofit organization, is
interested in purchasing the facility.
(2) Upon delivery of the notice required
by subsection (1) of this section, the owner shall negotiate in good faith with
the association or organization and provide the association or organization an
opportunity to purchase the facility as the owner would any bona fide third
party potential purchaser.
(3) A facility purchase association or
tenants association actively involved in negotiations with a facility owner
may waive or reduce the time periods for notice described in this section. A
facility purchase association or tenants association may authorize a tenants
association supported nonprofit organization to waive notice on behalf of the
association.
(4) This section, ORS 90.760 (2) and
90.810 do not apply to:
(a) Any sale or transfer to a person who
would be included within the table of descent and distribution if the facility
owner were to die intestate.
(b) Any transfer by gift, devise or
operation of law.
(c) Any transfer by a corporation to an
affiliate. As used in this paragraph, affiliate means any shareholder of the
transferring corporation, any corporation or entity owned or controlled,
directly or indirectly, by the transferring corporation or any other
corporation or entity owned or controlled, directly or indirectly, by any
shareholder of the transferring corporation.
(d) Any transfer by a partnership to any
of its partners.
(e) Any conveyance of an interest in a
facility incidental to the financing of the facility.
(f) Any conveyance resulting from the
foreclosure of a mortgage, deed of trust or other instrument encumbering a
facility or any deed given in lieu of a foreclosure.
(g) Any sale or transfer between or among
joint tenants or tenants in common owning a facility.
(h) Any exchange of a facility for other
real property, whether or not the exchange also involves the payment of cash or
other boot.
(i) The purchase of a facility by a
governmental entity under that entitys powers of eminent domain. [1989 c.919 §10;
1991 c.844 §19; 1999 c.222 §1; 1999 c.603 §34a]
90.830
Facility owner affidavit of compliance with procedures. (1) A facility owner may at any time record,
in the County Clerk Lien Record of the county where a facility is situated, an
affidavit in which the facility owner certifies that:
(a) With reference to an offer by the
owner for the sale of the facility, the owner has complied with the provisions
of ORS 90.820;
(b) With reference to an offer received by
the owner for the purchase of the facility, or with reference to a counteroffer
that the owner intends to make, or has made, for the sale of the facility, the
owner has complied with the provisions of ORS 90.820;
(c) Notwithstanding compliance with the
provisions of ORS 90.820, no contract for the sale of the facility has been
executed between the owner and a facility purchase association, tenants
association or tenants association supported nonprofit organization;
(d) The provisions of ORS 90.820 are
inapplicable to a particular sale or transfer of the facility by the owner, and
compliance with those subsections is not required; or
(e) A particular sale or transfer of the
facility is exempted from the provisions of this section and ORS 90.820.
(2) Any party acquiring an interest in a
facility, and any and all title insurance companies and attorneys preparing,
furnishing or examining any evidence of title, have the absolute right to rely
on the truth and accuracy of all statements appearing in the affidavit and are
under no obligation to inquire further as to any matter or fact relating to the
facility owners compliance with the provisions of ORS 90.820.
(3) It is the purpose and intention of
this section to preserve the marketability of title to facilities, and, accordingly,
the provisions of this section shall be liberally construed in order that all
persons may rely on the record title to facilities. [1989 c.919 §11; 1991 c.844
§27; 1999 c.222 §2]
90.840
Park purchase funds, loans.
(1) The Director of the Housing and Community Services Department may lend
funds available to the Housing and Community Services Department to provide
funds necessary to carry out the provisions of ORS 456.581 (2). Such funds
advanced shall be repaid to the Housing and Community Services Department as
determined by the director.
(2) Notwithstanding any budget limitation,
the director may spend funds available from the Mobile Home Parks Purchase
Account to employ personnel to carry out the provisions of ORS 456.581 (1). [1989
c.919 §12]
(Dealer Sales
of Manufactured Dwellings)
90.860
Definitions for ORS 90.865 to 90.875. As used in ORS 90.865 to 90.875:
(1) Buyer has the meaning given that
term in ORS 72.1030;
(2) Facility has the meaning given that
term in ORS 90.100;
(3) Landlord has the meaning given that
term in ORS 90.100;
(4) Manufactured dwelling has the
meaning given that term in ORS 90.100;
(5) Purchase money security interest has
the meaning given that term in ORS 79.1070;
(6) Secured party has the meaning given
that term in ORS 79.1050; and
(7) Seller has the meaning given that
term in ORS 72.1030. [2001 c.112 §1; 2005 c.22 §70]
Note: 90.860 to 90.875 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter 90
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
Note: 79.1050 and 79.1070 were repealed by section
187, chapter 445, Oregon Laws 2001. The text of 90.860 was not amended by
enactment of the Legislative Assembly to reflect the repeal. Editorial
adjustment of 90.860 for the repeal of 79.1050 and 79.1070 has not been made.
90.865
Dealer notice of rent payments and financing. A seller of a manufactured dwelling who is subject to ORS 446.666 to
446.756 must provide notice under ORS 90.870 if the manufactured dwelling is to
be placed in a facility and the seller:
(1) Pays a portion of the rent for the
dwelling; or
(2) Provides financing or assists the
buyer in arranging financing that results in a party taking a purchase money
security interest in the dwelling and the seller knows that a portion of the
proceeds from the financing is to be used to pay a portion of the rent for the
dwelling. [2001 c.112 §2; 2003 c.655 §59]
Note: See first note under 90.860.
90.870
Manner of giving notice; persons entitled to notice. (1) A seller subject to ORS 90.865 must give
notice by certified mail to the parties listed in subsection (2) of this
section prior to the date the manufactured dwelling is delivered to the
facility. The notice must be in writing and include:
(a) A statement that a portion of the rent
is being paid by the seller or out of the proceeds from financing; and
(b) The amount and duration of rent that
is being paid by the seller or out of the proceeds from financing.
(2) A seller subject to ORS 90.865 must
give notice under subsection (1) of this section to:
(a) The buyer;
(b) The landlord; and
(c) The secured party, if any, taking a
purchase money security interest in the manufactured dwelling. [2001 c.112 §3]
Note: See first note under 90.860.
90.875
Remedy for failure to give notice. If a seller fails to provide notice under ORS 90.870, a buyer,
landlord or secured party without actual notice that suffers an ascertainable
loss as a result of the failure may bring an individual action to recover
actual damages or $200, whichever is greater. [2001 c.112 §4]
Note: See first note under 90.860.
90.900 [Formerly 91.855; 1995 c.559 §32; renumbered
90.427 in 1995]
90.905 [1991 c.844 §31; 1995 c.559 §33; renumbered
90.429 in 1995]
90.910 [Formerly 91.857; 1991 c.844 §32; 1993 c.369
§33; 1993 c.580 §4; 1995 c.559 §4; renumbered 90.155 in 1995]
90.920 [Formerly 91.860; repealed by 1995 c.559 §58]
90.930 [Formerly 91.862; repealed by 1993 c.369 §39]
90.940 [Formerly 91.866; renumbered 90.450 in 1995]
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