2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 090 - Residential Landlord and Tenant
Section 90.640 - Park damaged by natural disaster.
If a manufactured dwelling park is affected by a natural disaster, as defined in ORS 197.488, unless the parties agree otherwise following the natural disaster:
(1) For a manufactured dwelling that is destroyed, the tenancy is immediately terminated and the parties are not further obligated under the rental agreement or this chapter, except that:
(a) The landlord shall, pursuant to ORS 90.300, return to the tenant any deposit and prepaid rent, including prorated rent from the date of the disaster.
(b) Unless a tenant is responsible for the natural disaster, the tenant is not responsible for cleanup of the space or removal of the dwelling.
(c) After the abatement of the emergency, the landlord shall notify the tenant and provide the tenant an opportunity to return to the rented space to search for valuables. A landlord may require the tenant to sign a release of liability related to the tenant’s presence on the space.
(2) For a manufactured dwelling that is not destroyed, but either the park or the dwelling is significantly damaged, the tenant may, within 30 days after the date that the dwelling unit is accessible after the disaster, provide written notice to the landlord that the tenant is terminating the tenancy as of the date of the natural disaster and is abandoning the manufactured dwelling under subsection (1) of this section.
(3) If the manufactured dwelling is not destroyed as described in subsection (1) of this section and the tenant does not provide a notice under subsection (2) of this section, the tenant shall continue to pay rent from the date the dwelling unit becomes accessible following the disaster, prorated to reflect any loss of value from damages to the park or the space.
(4) A tenant does not owe rent while the dwelling unit is inaccessible due to the natural disaster or the destruction of the dwelling unit.
(5) As used in this section, a dwelling unit is not considered accessible while a governmental agency has posted the dwelling unit as unsafe or unlawful to occupy, even if a tenant may begin repairs. [2021 c.260 §10]
