Usa Oregon

USA Statutes : oregon
Title : TITLE 09 MORTGAGES AND LIENS
Chapter : Chapter 90 Residential Landlord and Tenant
As used in this chapter, unless the context
otherwise requires:

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

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

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

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

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

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

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

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

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

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

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

(10) “Essential service” means:

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

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

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

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

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

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

(11) “Facility” means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(28) “Premises” means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) There are no fees or security deposits, although the landlord
may require the payment of an applicant screening charge, as provided in
ORS 90.295. [Formerly 91.705; 1991 c.844 §3; 1993 c.369 §1; 1995 c.324
§1; 1995 c.559 §1; 1997 c.577 §1; 1999 c.676 §§7,7a; 2001 c.596 §27; 2003
c.378 §8; 2005 c.22 §57; 2005 c.41 §1; 2005 c.619 §15] This chapter shall be known and may be cited as
the “Residential Landlord and Tenant Act.” [Formerly 91.700] 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] 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]
(1) The provisions of ORS 87.152 to 87.212, 91.010 to 91.110, 91.130,
91.210 and 91.220 do not apply to the rights and obligations of landlords
and tenants governed by this chapter.

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

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

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

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

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

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

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

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

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

(c) A manufactured dwelling or floating home, located outside a
facility, if the tenant owns the dwelling or home and rents the space.
[Formerly 91.720; 1991 c.844 §28; 1995 c.559 §5; 1997 c.577 §2a; 1999
c.676 §8; 2005 c.41 §2] (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] 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] (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](1) A landlord may require or accept the following
types of payments:

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

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

(c) Security deposits, pursuant to ORS 90.300;

(d) Fees, pursuant to ORS 90.302;

(e) Rent, as defined in ORS 90.100;

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

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

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

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

(2) A tenant who requests a writing that evidences the tenant’s
payment is entitled to receive that writing from the landlord as a
condition for making the payment. The writing may be a receipt, statement
of the tenant’s account or other acknowledgment of the tenant’s payment.
The writing must include the amount paid, the date of payment and
information identifying the landlord or the rental property. If the
tenant makes the payment by mail, deposit or a method other than in
person and requests the writing, the landlord shall within a reasonable
time provide the tenant with the writing in a manner consistent with ORS
90.150. [1997 c.577 §4; 1999 c.603 §7; 2001 c.596 §29; 2005 c.22 §58;
2005 c.391 §13; 2005 c.619 §16](1) A tenant who occupies or an applicant who will occupy a dwelling unit
and who conducts repairs, routine maintenance or cleaning services on
that dwelling unit in exchange for a reduction in rent pursuant to a
written or oral agreement with the landlord is not an employee of the
landlord.

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

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

(4) Any electrical or plumbing installation, maintenance or repair
work performed by a tenant or an applicant under this section must comply
with ORS 447.010 to 447.156 and 479.510 to 479.945. [1995 c.773 §2; 1999
c.676 §9; 2005 c.758 §6]Note: The amendments to 90.145 by section 6, chapter 758, Oregon
Laws 2005, become operative July 1, 2006. See section 57, chapter 758,
Oregon Laws 2005, as amended by section 57a, chapter 758, Oregon Laws
2005. The text that is operative until July 1, 2006, is set forth for the
user’s convenience.

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

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

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

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

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

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

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

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

(c) The landlord reasonably knows of the tenant’s abandonment of
the dwelling unit. [1995 c.559 §9; 1999 c.603 §8]The surrender of a dwelling unit may
be implied from the landlord’s acceptance of a tenant’s abandonment or
relinquishment of the right to occupy. The landlord’s acceptance may be
demonstrated by acts of the landlord that are inconsistent with the
existence of the tenancy. A landlord’s receipt of the keys to the
dwelling unit or a landlord’s reasonable efforts to mitigate the
landlord’s damages by attempting to rent the dwelling unit to a new
tenant shall not constitute acts inconsistent with the existence of the
tenancy. Reasonable efforts to mitigate damages include preparing the
unit for rental. [1999 c.603 §2]Note: 90.148 was added to and made a part of ORS chapter 90 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.SERVICE OR DELIVERY OF NOTICES When this chapter
requires actual notice, service or delivery of that notice shall be
executed by one or more of the following methods:

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

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

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

(4) Any other method reasonably calculated to achieve actual
receipt of notice, as agreed to and described in a written rental
agreement. [1995 c.559 §3; 1997 c.577 §5; 1999 c.603 §9; 2003 c.14 §33] (1) Except as
provided in ORS 90.300, 90.425 and 90.675, where this chapter requires
written notice, service or delivery of that written notice shall be
executed by one or more of the following methods:

(a) Personal delivery to the landlord or tenant;

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

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

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

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

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

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

(4) Notwithstanding ORS 90.510 (4), after 30 days’ written notice,
a landlord may unilaterally amend a rental agreement for a manufactured
dwelling or floating home that is subject to ORS 90.505 to 90.840 to
provide for service or delivery of written notices by mail and attachment
service as provided by subsection (1)(c) of this section. [Formerly
90.910; 1997 c.577 §6; 2001 c.596 §29a] (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(1) A landlord and a tenant may include in a rental
agreement terms and conditions not prohibited by this chapter or other
rule of law including rent, term of the agreement and other provisions
governing the rights and obligations of the parties.

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

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

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

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

(6) Except as otherwise provided by this chapter:

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

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

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

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

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

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

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

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

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

(g) Ten days after delivery of possession without prior notice of
termination of a week-to-week tenancy. [Formerly 90.240](1) If a tenancy is for the
occupancy of a recreational vehicle in a manufactured dwelling park,
mobile home park or recreational vehicle park, all as defined in ORS
197.492, the landlord shall provide a written rental agreement for a
month-to-month, week-to-week or fixed-term tenancy. The rental agreement
must state:

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

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

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

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

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

(4) This section does not apply to a vacation occupancy. [2005
c.619 §14](1) A dwelling unit qualifies as drug and alcohol
free housing if:

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

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

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

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

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

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

(C) Individual and group support for recovery; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4) As used in this section, “program of recovery” means a
verifiable program of counseling and rehabilitation treatment services,
including a written plan, to assist recovering alcoholics or drug addicts
to recover from their addiction to alcohol or illegal drugs while living
in drug and alcohol free housing. A “program of recovery” includes
Alcoholics Anonymous, Narcotics Anonymous and similar programs. [1995
c.559 §7; 1997 c.577 §9; 1999 c.603 §11; 2003 c.378 §10; 2005 c.22 §59;
2005 c.391 §15] (1) A
rental agreement may not provide that the tenant:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(7) A late charge includes an increase or decrease in the regularly
charged periodic rent payment imposed because a tenant does or does not
pay that rent by a certain date. [1989 c.506 §15; 1995 c.559 §8; 1997
c.249 §30; 1997 c.577 §9a; 1999 c.603 §12; 2005 c.391 §16](1) A landlord, from time to time, may
adopt a rule or regulation, however described, concerning the tenant’s
use and occupancy of the premises. It is enforceable against the tenant
only if:

(a) Its purpose is to promote the convenience, safety or welfare of
the tenants in the premises, preserve the landlord’s 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 tenant’s 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] 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.
(1) An alternative energy device installed in a dwelling unit by a tenant
with the landlord’s 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 landlord’s liability for any injury to
the tenant or other installer resulting from the tenant’s or installer’s
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 landlord’s written permission; or

(b) Limits a landlord’s 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(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 landlord’s 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 landlord’s 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 landlord’s 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 applicant’s 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 landlord’s 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 applicant’s 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 applicant’s 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](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 applicant’s 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 landlord’s 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] (1) As used in this
section, “security deposit” includes any last month’s 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 landlord’s 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 tenant’s 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 month’s 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 month’s 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 month’s rent
deposit shall not be applied to rent due for any period other than the
last month of the tenancy. A last month’s 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
(4)(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 tenant’s 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) Sale of the manufactured dwelling or floating home pursuant to
ORS 90.425 (10)(a) or 90.675 (10)(a).

(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 (2), 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](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 landlord’s
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 tenant’s
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
(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 landlord’s 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 landlord’s 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](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 manager’s 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 landlord’s
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](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 trustee’s sale under a trust deed;

(b) Any pending suit to foreclose a mortgage, trust deed or
vendor’s 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](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 tenant’s 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 tenant’s 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 month’s 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 tenant’s 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 tenant’s dwelling unit. Unless the method of
allocating the charges to the tenant is described in the tenant’s written
rental agreement, the tenant may require that the landlord give the
tenant a copy of the provider’s 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 month’s 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](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](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 tenant’s 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] (1) A
landlord or, to the extent provided in this section, a landlord’s agent
may enter into the tenant’s dwelling unit or any portion of the premises
under the tenant’s 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 landlord’s agent is
limited as follows:

(a) A landlord or landlord’s agent may enter upon the premises
under the tenant’s 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 tenant’s 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 tenant’s 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 landlord’s agent, without further notice, may enter upon
demand, in the tenant’s absence or without the tenant’s consent, for the
purpose of making the requested repairs until the repairs are completed.
The tenant’s written request may specify allowable times. Otherwise, the
entry must be at a reasonable time. The authorization to enter provided
by the tenant’s written request expires after seven days, unless the
repairs are in progress and the landlord or landlord’s 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
landlord’s 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 landlord’s
agent may enter for that purpose upon the premises under the tenant’s
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 landlord’s 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 landlord’s 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 tenant’s 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 landlord’s agent may
enter only at reasonable times. The landlord or landlord’s agent may not
enter if the tenant, after receiving the landlord’s 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 landlord’s 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 landlord’s 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 tenant’s 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 week’s rent in the case of a week-to-week tenancy or one
month’s 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 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]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(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 tenant’s
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]
(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 landlord’s 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 landlord’s noncompliance, in which case the
tenant is excused from paying rent for the period of the landlord’s
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 tenant’s
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 tenant’s 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 and subsection (3) of this section, “imminent
and serious threat to the tenant’s 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)(a) 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 notice to the landlord as provided in
paragraph (b) of this subsection and may cause to be done in a
workmanlike manner the work necessary to provide the essential service
and, after submitting to the landlord receipts or an agreed upon itemized
statement, deduct from the rent the actual and reasonable cost or the
fair and reasonable value of the work not exceeding:

(A) $1,000, if the lack of the essential service poses an imminent
and serious threat to the tenant’s health, safety or property and the
work is performed by a licensed or registered professional; or

(B) $500, if the lack of the essential service is significant but
does not pose an imminent and serious threat to the tenant’s health,
safety or property or if work is not performed by a licensed or
registered professional.

(b) The notice required by this subsection shall specify the breach
and that the tenant may use the remedy specified in paragraph (a) of this
subsection if the landlord fails to supply the essential service within
the following periods:

(A) If the lack of the essential service poses an imminent and
serious threat to the tenant’s health, safety or property, the notice
shall be written or actual and shall be given to the landlord at least 48
hours before the tenant causes the necessary work to be done to supply
the essential service. If the notice is actual, the tenant shall also
give the landlord written notice as promptly after the actual notice as
conditions permit.

(B) In all other cases, the notice shall be written and given to
the landlord at least:

(i) Seventy-two hours before the tenant causes the necessary work
to be done to correct a substantial lack of a cooking or refrigeration
service; or

(ii) Seven days before the tenant causes the necessary work to be
done to correct a substantial lack of any other essential service.

(c) A tenant who conducts repairs pursuant to this subsection shall
not be considered to be an employee of the landlord.

(d) The landlord and tenant may agree, at any time, to allow the
tenant to exceed the monetary limits of this subsection when making
reasonable repairs. The landlord may specify people to do all work under
this section if the tenant’s rights under this section are not diminished.

(4) For purposes of subsections (1) and (3) 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 landlord’s control.

(5) This section shall not be construed to 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.

(6) If the tenant proceeds under this section, the tenant may not
proceed under ORS 90.360 (1) as to that breach.

(7) 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 tenant’s consent.

(8) 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.

(9) 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
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](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
landlord’s action the landlord reasonably had or should have had
knowledge or had received actual notice of the facts that constitute the
tenant’s counterclaim.

(b) In the event the tenant counterclaims, the court at the
landlord’s or tenant’s 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]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](1) As used in this section, “posted” means that a
governmental agency has attached a copy of the agency’s 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 agency’s 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 agency’s
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 agency’s 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 agency’s 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
agency’s 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 agency’s 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 landlord’s disclosure does not waive the tenant’s 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 agency’s
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 landlord’s 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 tenant’s 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 landlord’s 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 applicant’s or
tenant’s 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](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]
(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 has in fact acted in
violation of 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 landlord’s discrimination in violation of
ORS 659A.145 or 659A.421 by demonstrating that a facially neutral housing
policy has a disparate adverse impact on members of a protected class as
described in ORS 659A.424.

(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]LANDLORD REMEDIES(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 month’s
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] 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
landlord’s 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
landlord’s 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
landlord’s 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](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 tenant’s control or the tenant’s 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 tenant’s 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 tenant’s control or the tenant’s pet
inflicts any substantial personal injury upon a neighbor living in the
immediate vicinity of the premises;

(d) The tenant or someone in the tenant’s control intentionally
inflicts any substantial damage to the premises or the tenant’s 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 landlord’s 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 tenant’s control or the tenant’s 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 475.840 (2)(b) or
(4)(f); 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 tenant’s
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 tenant’s control if that person enters or remains on the premises
with the tenant’s permission or consent after the tenant reasonably knows
or should know of that person’s 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 landlord’s 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]Note: 475.840 (2)(b) and (4)(f) were deleted by section 39, chapter
708, Oregon Laws 2005. The text of 90.396 was not amended by enactment of
the Legislative Assembly to reflect the deletion. Editorial adjustment of
90.396 for the deletion of 475.840 (2)(b) and (4)(f) has not been made.(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] 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]
(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] (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](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]
(1) Except as otherwise provided in this section, a landlord waives the
right to terminate a rental agreement for a particular breach if the
landlord:

(a) During two or more separate rental periods, accepts rent with
knowledge of the default by the tenant; or

(b) Accepts performance by a tenant that varies from the terms of
the rental agreement.

(2) For purposes of subsection (1)(a) of this section, a landlord
has not accepted rent if within six days after receipt of the rent
payment, the landlord refunds the rent.

(3) A landlord does not waive the right to terminate as described
in subsection (1)(a) of this section if the termination is under ORS
90.396.

(4) A landlord does not waive the right to terminate as described
in subsection (1) of this section if the landlord and tenant agree
otherwise after the breach has occurred.

(5) If a tenancy consists of rented space for a manufactured
dwelling or floating home as described in ORS 90.505, a landlord does not
waive the right to terminate as described in subsection (1) of this
section if:

(a) The breach or default at issue concerns:

(A) Disrepair or deterioration of the manufactured dwelling or
floating home pursuant to ORS 90.632; or

(B) A failure to maintain the space, as provided by ORS 90.740 (2),
(4)(b) and (4)(h); or

(b) The breach or default at issue concerns the tenant’s conduct
and, following the breach or default, but prior to acceptance of rent or
performance as described in subsection (1) of this section, the landlord
gives written notice to the tenant regarding the breach or default that:

(A) Describes specifically the conduct that constitutes the breach
or default, either as a separate and distinct breach or default, a series
or group of breaches or defaults or a continuous or ongoing breach or
default;

(B) States that the tenant is required to discontinue the conduct
or correct the breach or default; and

(C) States that a reoccurrence of the conduct that constitutes a
breach or default may result in a termination of the tenancy pursuant to
ORS 90.630. For a continuous or ongoing breach or default, the landlord’s
notice remains effective for 12 months.

(6) Prior to giving a nonpayment of rent termination notice under
ORS 90.394, a landlord who accepts partial rent for a rental period does
not waive the right to terminate for nonpayment if:

(a) The landlord accepted the partial rent before the landlord gave
any notice of intent to terminate under ORS 90.394 based on the tenant’s
agreement to pay the balance by a time certain; and

(b) The tenant does not pay the balance of the rent as agreed.

(7) A landlord who accepts partial rent under subsection (6) of
this section may proceed to serve a notice under ORS 90.394 to terminate
the tenancy if the balance of the rent is not paid, provided:

(a) The notice is served no earlier than it would have been
permitted under ORS 90.394 had no rent been accepted; and

(b) 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.

(8) After giving a nonpayment of rent termination notice under ORS
90.394, a landlord who accepts partial rent for a rental period does not
waive the right to terminate for nonpayment if the landlord and tenant
agree in writing that the acceptance does not constitute waiver.

(9) A written agreement under subsection (8) of this section may
provide that the landlord may proceed to 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 in the event the tenant fails to pay the
balance of the rent by a time certain.

(10) A landlord’s acceptance of partial rent for a rental period
does not waive the right to terminate the rental agreement if the entire
amount of the partial payment was from funds paid under the United States
Housing Act of 1937 (42 U.S.C. 1437f) or any state low income rental
housing fund administered by the Housing and Community Services
Department.

(11) A landlord who accepts rent after the giving of a notice of
termination by the landlord or the tenant, other than a nonpayment of
rent notice, does not waive the right to terminate on that notice if:

(a) The landlord accepts rent prorated to the termination date
specified in the notice; or

(b) Within six days after receipt of the rent payment, the landlord
refunds at least the unused balance of the rent prorated for the period
beyond the termination date.

(12) A landlord who has served a notice of termination for cause
under ORS 90.392, 90.630 or 90.632 does not waive the right to terminate
on that notice by accepting rent for the rental period and beyond the
period covered by the notice if within six days after the end of the
remedy or correction period described in the applicable statute, the
landlord refunds the rent for the period beyond the termination date.

(13) A landlord who has served a notice of termination for cause
under ORS 90.392, 90.630 or 90.632 and who has commenced proceedings
under ORS 105.105 to 105.168 to recover possession of the premises does
not waive the right to terminate on that notice:

(a) By accepting rent for any period beyond the expiration of the
notice during which the tenant remains in possession provided:

(A) The landlord notifies the tenant in writing, in or after the
service of the notice of termination for cause, that acceptance of rent
while a termination action is pending will not waive the right to
terminate on that notice; and

(B) The rent does not cover a period extending beyond the date of
its acceptance.

(b) By serving a notice of nonpayment of rent under ORS 90.394.

(14) 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. Those installment rent
payments are not partial rent, as that term is used in this section.

(15) Unless otherwise agreed, a landlord does not waive the right
to terminate as described in subsection (1) of this section by accepting:

(a) A last month’s rent deposit collected at the beginning of the
tenancy, even if the deposit covers a period beyond a termination date; or

(b) Rent distributed pursuant to a court order releasing money paid
into court as provided by ORS 90.370 (1).

(16) Notwithstanding subsections (2), (11) and (12) of this
section, if a tenancy consists of rented space for a manufactured
dwelling or floating home as described in ORS 90.505, the period for the
landlord to refund rent under subsection (2), (11) or (12) of this
section is seven days.

(17) 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 tenant’s or other payer’s
check or any other form of check or money. [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](1) A lien or security interest on behalf of the landlord in
the tenant’s household goods is not enforceable unless perfected before
October 5, 1973.

(2) Distraint for rent is abolished. [Formerly 91.835](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 arm’s-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 tenant’s 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 landlord’s 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 90.415.

(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 landlord’s 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 tenant’s, lienholder’s or owner’s
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 tenant’s and owner’s 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 landlord’s
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 lienholder’s 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 landlord’s 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
tenant’s 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 landlord’s 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 agency’s 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 official’s or agency’s 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 tenant’s personal property may be removed from the premises or
may be decontaminated at the tenant’s 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 tenant’s 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 tenant’s 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]Note: For transition provisions regarding secured transactions, see
notes under 79.0628.(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 landlord’s
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 tenant’s
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]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]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] 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]MISCELLANEOUS(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 90.940; 1997 c.303 §5; 1999 c.603
§31](1) As used in this
section, “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, 124.015,
124.020 or 163.738 or any other court order that restrains a person from
contact with the tenant;

(b) A copy of a police report regarding an act of domestic
violence, sexual assault or stalking against the tenant or a minor member
of the tenant’s household; or

(c) A statement by a law enforcement officer that the tenant has
reported to the officer that the tenant or a minor member of the tenant’s
household is a victim of domestic violence, sexual assault or stalking.

(2) If a tenant gives a landlord at least 14 days’ written notice,
with verification that the tenant has been the victim of domestic
violence, sexual assault or stalking within the 90 days preceding the
date of the notice, and the notice so requests, the landlord shall
release the tenant from the rental agreement. The notice given by the
tenant must specify the release date.

(3) 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.

(4) Notwithstanding the release from a rental agreement of a tenant
who is a victim, any other tenant remains subject to the rental agreement.

(5) A verification statement by a law enforcement officer must be
in substantially the following form:

___________________________________________________________________________
___LAW ENFORCEMENT OFFICER

VERIFICATION______________________

Name of law enforcement officer______________________

Name of tenantPART 1. STATEMENT BY TENANTI, ________(Name of tenant), do hereby state as follows: (A) I or a minor member of my household have been abused, sexually
assaulted or stalked as described or defined by ORS 124.005, 135.230,
147.450 or 163.732. (B) The most recent incident(s) that I rely on in support of this
statement occurred on the following date(s):_________.I make this statement in support of my request to be released from
my rental agreement.______________________

(Signature of tenant)

Date: ________PART 2. STATEMENT BY LAW ENFORCEMENT OFFICERI, ________(Name of law enforcement officer), do hereby verify as follows: (A) I am a law enforcement officer. (B) My name, business address and business telephone are as follows:

______________________

______________________

______________________I am employed by____________.

(Name and address of law enforcement agency) (C) I verify that the person who signed the statement above has
informed me that the person or a minor member of the person’s 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 person’s household is a victim of
domestic violence, sexual assault or stalking. 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 person’s landlord.______________________

(Signature of law enforcement officer

making this statement)

Date: ________

___________________________________________________________________________
___[2003 c.378 §4]Notwithstanding the release of a victim 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, 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](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 tenant’s dwelling unit at
the tenant’s 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 landlord’s 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, 107.718, 124.015 or 124.020
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
perpetrator’s 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.
[2003 c.378 §5](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] (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 United
States;

(b) Serving as a member of a National Guard or other reserve
component or an active service component of the Armed Forces of the
United States and ordered to active service outside the area for a period
that will exceed 90 days;

(c) Terminating active service in the Armed Forces of the United
States; or

(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
United States” means the Air Force, Army, Coast Guard, Marine Corps or
Navy of the United States.

(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]MANUFACTURED DWELLING AND FLOATING HOME SPACES(General Provisions)(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 90.459 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 90.459. [Formerly
91.873; 1991 c.844 §5; 1999 c.676 §19](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 landlord’s 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 landlord’s 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 tenant’s 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 tenant’s
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 landlord’s 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 tenant’s 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] 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 646.400.

(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](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]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] (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]
(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] (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. (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 tenant’s 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]

(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 tenant’s space.

(2) “Utility or service” has the meaning given that term in ORS
90.315. [2005 c.619 §5](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
tenant’s 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
tenant’s 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
tenant’s rent or bills the tenant for a utility or service charge
separately from the rent in an amount determined by apportioning the
provider’s 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
tenant’s 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 90.400, 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 tenant’s 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) People’s 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]Note: 90.400 was repealed by section 39, chapter 391, Oregon Laws
2005. The text of 90.532 was not amended by enactment of the Legislative
Assembly to reflect the repeal. Editorial adjustment of 90.532 for the
repeal of 90.400 has not been made.(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 tenant’s 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 tenant’s 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
(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 tenant’s 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 tenant’s
space and under the tenant’s 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 tenant’s 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

(1) A landlord may unilaterally amend a rental agreement to convert a
tenant’s 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 tenant’s 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 tenant’s utility or service was included in
the rent before the conversion to submeters, the landlord shall reduce
the tenant’s rent upon the landlord’s 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 landlord’s 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] In addition to any other right of
entry granted under ORS 90.725, a landlord or the landlord’s agent may
enter a tenant’s 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 landlord’s agent may not remain on the space
for a purpose other than reading the submeter.

(2) The landlord or a landlord’s agent may not enter the space more
than once per month.

(3) The landlord or landlord’s agent may enter the space only at
reasonable times between 8 a.m. and 6 p.m. [2005 c.619 §10] 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](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 landlord’s 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 landlord’s 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
landlord’s 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](Landlord and Tenant Relations)(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
landlord’s representative shall make a good faith response in writing to
the committee’s summary within 60 days.

(b) The tenants’ committee is entitled to informal dispute
resolution in accordance with ORS 446.547 if the landlord or landlord’s
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]Any person
authorized by the landlord of a facility to receive notices and demands
on the landlord’s 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](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 landlord’s
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 landlord’s 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 facility’s 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 facility’s 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 tenant’s 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] (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](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 tenant’s 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
tenant’s 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; or

(c) 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 tenant’s 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) The landlord of a facility may terminate a rental agreement
that is a month-to-month or fixed term tenancy for a facility space if
the facility or a portion of it that includes the space is to be closed
and the land or leasehold converted to a different use, which is not
required by the exercise of eminent domain or by order of state or local
agencies, by:

(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 the landlord finds space
acceptable to the tenant to which the tenant can move the manufactured
dwelling or floating home and the landlord pays the cost of moving and
set-up expenses or $3,500, whichever is less.

(6) The landlord may:

(a) Provide greater financial incentive to encourage the tenant to
accept an earlier termination date than that provided in subsection (5)
of this section; or

(b) Contract with the tenant for a mutually acceptable arrangement
to assist the tenant’s move.

(7) The Housing and Community Services Department shall adopt rules
to implement the provisions of subsection (5) of this section.

(8)(a) A landlord may not increase the rent for the purpose of
offsetting the payments required under this section.

(b) There shall be no increase in the rent after a notice of
termination is given pursuant to this section.

(9) This section does not limit a landlord’s 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.

(10) 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.

(11) Nothing in subsection (5) of this section shall prevent a
landlord from relocating a floating home to another comparable space in
the same facility or another facility 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 tenant’s original space.

(12)(a) Notwithstanding any other provision of this section or ORS
90.392, 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
notice for nonpayment of rent 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 notice for nonpayment of rent within a 12-month period. The
warning must be contained in at least two notices for nonpayment of rent
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 notices for nonpayment of rent; 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
notice for nonpayment of rent.

(b) Notwithstanding subsection (2) of this section, a tenant who
receives a 30-day notice of termination pursuant to this subsection does
not have a right to correct the cause for the notice.

(c) The landlord may give a copy of the notice required by
paragraph (a) of this subsection 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 lienholder’s 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](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
tenant’s 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 tenant’s 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 tenant’s 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 tenant’s 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 tenant’s 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 landlord’s 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 landlord’s
knowledge or acceptance as described in ORS 90.415 (1).

(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 landlord’s 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]
(1) If a facility is closed or a portion of a facility is closed,
resulting in the termination of the rental agreement between the landlord
of the facility and a tenant renting space for a manufactured dwelling,
whether because of the exercise of eminent domain, by order of the state
or local agencies, or as provided under ORS 90.630 (5), the landlord
shall provide notice to the tenant of the tax credit provided under ORS
316.153. 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 by rule.

(2) The landlord shall send the notice described under subsection
(1) of this section to a tenant affected by a facility closure on or
before:

(a) The date notice of rental termination must be given to the
tenant under ORS 90.630 (5), if applicable; or

(b) In the event of facility closure by exercise of eminent domain
or by order of a state or local agency, within 15 days of the date the
landlord received notice of the closure.

(3) The landlord shall forward to the office a list of the names
and addresses of tenants to whom notice under this section has been sent.

(4) The office may adopt rules to implement this section, including
rules specifying the form and content of the notice described under this
section. [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]Note: 90.635 (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.(Ownership Change)(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 arm’s-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 tenant’s 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
landlord’s 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 90.415.

(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 landlord’s 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 tenant’s 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 landlord’s 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 lienholder’s 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
tenant’s 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 agency’s 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 tenant’s 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](1) A landlord may not
deny any manufactured dwelling or floating home space tenant the right to
sell a manufactured dwelling or floating home on a rented space or
require the tenant to remove the dwelling or home from the space solely
on the basis of the sale.

(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 landlord’s 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 tenant’s 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 purchaser’s
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 purchaser’s application or to allow the prospective purchaser
to address any failure to meet the landlord’s 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
landlord’s conditions for approval as provided in ORS 90.510 (5)(h) or
failure of the prospective purchaser’s references to respond to the
landlord’s 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 landlord’s right to
establish conditions upon and approve a prospective purchaser of the
tenant’s 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 seller’s 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 tenant’s 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 tenant’s 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 90.415. 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](Actions)(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 tenant’s signature, the oral agreement
shall be enforceable notwithstanding the tenant’s 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 tenant’s
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] In
addition to the tenant’s 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) (1) A
landlord or a landlord’s agent may enter onto a rented space, not
including the tenant’s 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 landlord’s
agent is limited as follows:

(a) A landlord or landlord’s 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 landlord’s 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 landlord’s agent makes
an emergency entry in the tenant’s 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 landlord’s agent, without further notice, may enter upon
demand, in the tenant’s absence or without consent of the tenant, for the
purpose of making the requested repairs until the repairs are completed.
The tenant’s written request may specify allowable times. Otherwise, the
entry must be at a reasonable time. The authorization to enter provided
by the tenant’s written request expires after seven days, unless the
repairs are in progress and the landlord or landlord’s 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 landlord’s
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 landlord’s 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
landlord’s 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 tenant’s 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 landlord’s agent may
enter only at reasonable times. The landlord or landlord’s agent may not
enter if the tenant, after receiving the landlord’s 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 landlord’s agent prior
to, or at the time of, the attempt by the landlord or landlord’s 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 month’s rent. [1999 c.676 §2; 2005 c.619 §23](1) A landlord who rents a space for a manufactured
dwelling or floating home shall at all times during the tenancy maintain
the rented space and the facility common areas in a habitable condition.
The landlord does not have a duty to maintain a dwelling or home. A
landlord’s habitability duty under this section includes only the matters
described in subsections (2) and (3) of this section.

(2) 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.

(3)(a) For purposes of this section, “facility common areas” means
all areas under control of the landlord and held out for the general use
of tenants.

(b) 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.

(4) 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]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 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]

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) An 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 or a manager who lives outside 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 the
provisions of ORS chapter 90 and ORS 105.105 to 105.168 and related law,
including but not limited to fair housing law; and

(d) Provide a certificate of completion to all attendees and a
record of that completion to the department.

(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 landlord of a facility is responsible for ensuring
compliance with the continuing education requirements in this section.
[2005 c.619 §3]

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
(Tenant Rights and Obligations) A tenant shall:

(1) Install the tenant’s 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 tenant’s 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
tenant’s 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] 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 resident’s 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 tenant’s request not to be canvassed. [Formerly
91.920; 1991 c.844 §17; 1997 c.303 §2](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](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] (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] (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] 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) (1) The State of Oregon encourages affordable
housing options for all Oregonians. One housing alternative chosen by
many Oregonians is facility living. The Legislative Assembly finds that
many facility residents would like to join together to purchase the
facility in which they live in order to have greater control over the
costs and environment of their housing. The Legislative Assembly also
finds that current market conditions place residents at a disadvantage
with other potential investors in the purchase of facilities.

(2) It is the policy of the State of Oregon to encourage facility
residents to participate in the housing marketplace by insuring that
technical assistance, financing opportunities, notice of sale of
facilities and the option to purchase facilities are made available to
residents who choose to participate in the purchase of a facility.

(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 Oregon by encouraging all Oregonians to have the
ability to participate in the purchase of housing of their choice. [1989
c.919 §1; 1991 c.844 §24; 1995 c.559 §42] (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] 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](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
entity’s powers of eminent domain. [1989 c.919 §10; 1991 c.844 §19; 1999
c.222 §1; 1999 c.603 §34a] (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 owner’s 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] (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)

(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. 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.
Note: See first note under 90.860. (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
Note: See first note under 90.860. 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.

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USA Statutes : oregon