Title 10 — PROPERTY RIGHTS AND TRANSACTIONS
As used in this chapter, unless the context otherwise requires: “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: Owned and used solely by a tenant of a manufactured dwelling or f…
This chapter shall be known and may be cited as the “Residential Landlord and Tenant Act.”
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: 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. Occupa…
A maximum occupancy limit may not be established or enforced by any local government, as defined in ORS 197.015, for any residential dwelling unit, as defined in ORS 90.100, if the restriction is based on the familial or nonfamilial relationships among any occupants. Note: 90.112 was enacted into law by the Legislative Assembly but was not added to or made …
Residence in a licensed program, facility or home described in ORS 430.306 to 430.375, 430.380, 430.381, 430.397 to 430.401, 430.405 to 430.565, 430.570, 430.590, 430.709, 443.400 to 443.455, 443.705 to 443.825 or 443.835 is not governed by this chapter.
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.
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. 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 …
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. Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
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.
If the court, as a matter of law, finds: 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 A settlement in which a …
A landlord may require or accept the following types of payments: Applicant screening charges, pursuant to ORS 90.295; Deposits to secure the execution of a rental agreement, pursuant to ORS 90.297; Security deposits, pursuant to ORS 90.300; Fees, pursuant to ORS 90.302; Rent, as defined in ORS 90.100; Prepaid rent, as defined in ORS 90.100; Utility o…
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. A tenant or an applicant described in subsection (1) of this section m…
For the purposes of this chapter, delivery of possession occurs: 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 d…
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 effor…
When this chapter requires actual notice, service or delivery of that notice shall be executed by one or more of the following methods: Verbal notice that is given personally to the landlord or tenant or left on the landlord’s or tenant’s telephone answering device. Written notice that is personally delivered to the landlord or tenant, left at the landlord…
Except as provided in ORS 90.300, 90.315, 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: Personal delivery to the landlord or tenant. First class mail to the landlord or tenant. If allowed under a written rental agreement, both first class…
Notwithstanding ORCP 10: For references in this chapter to periods or notices based on a number of days, those days must be calculated by consecutive calendar days, not including the initial day of service, but including the last day until 11:59 p.m. For references in this chapter to periods or notices based on a number of hours, those hours must be calcul…
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. The terms of a fixed term tenancy, including the amount of rent, may not be unilaterally amended by the landlord or …
A landlord may require a tenant to obtain and maintain renter’s liability insurance in a written rental agreement. The amount of coverage may not exceed $100,000 per occurrence or the customary amount required by landlords for similar properties with similar rents in the same rental market, whichever is greater. Before entering a new tenancy, a landlord: S…
As used in this section, “100-year flood plain” means the level that flood waters may be expected to equal or exceed once each 100 years, as determined by the National Flood Insurance Program of the Federal Emergency Management Agency. If a dwelling unit is located in a 100-year flood plain, the landlord shall provide notice in the dwelling unit rental agre…
If a tenancy is for the occupancy of a recreational vehicle in a manufactured dwelling park or mobile home park, as defined in ORS 446.003, or recreational vehicle park, 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: If applicable, th…
A dwelling unit qualifies as drug and alcohol free housing if: 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 ten…
A rental agreement may not provide that the tenant: Agrees to waive or forgo rights or remedies under this chapter; Authorizes any person to confess judgment on a claim arising out of the rental agreement; 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 …
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.
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.
A landlord may impose a late charge or fee, however designated, only if: The rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable; and There exists a written rental agreement that specifies: The tenant’s obligation to pay a late charge on delinquent rent payments; The type and amount of the late …
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: 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 …
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. 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 Sta…
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. As a condition to a grant of written permission referred to in subsection (1) of this section,…
As provided under this section, a landlord may allow an individual to become a temporary occupant of the tenant’s dwelling unit. To create a temporary occupancy, the landlord, tenant and proposed temporary occupant must enter into a written temporary occupancy agreement that describes the temporary occupancy relationship. The temporary occupant: Is not a t…
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. Th…
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. A landlord may charge a deposit to an applicant for the purpose of securing the execution of a rental agreement, only after approving the applican…
As used in this section, “security deposit” includes any last month’s rent deposit. Except as otherwise provided in this section, a landlord may require a tenant to pay a security deposit. The landlord shall provide the tenant with a receipt for any security deposit the tenant pays. The landlord shall hold a security deposit or prepaid rent for the tenant w…
A landlord may not charge a fee at the beginning of the tenancy for an anticipated landlord expense and may not require the payment of any fee except as provided in this section. A fee must be described in a written rental agreement. A landlord may charge a tenant a fee for each occurrence of the following: A late rent payment, pursuant to ORS 90.260. A d…
When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 to 105.168 if the action: Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application. Resulted in a general judgment against the applicant that was: Entered five or more years before …
If a landlord denies an application after the landlord’s application of screening or admissions criteria, within 14 days of the denial the landlord must provide the applicant with a written statement of one or more reasons for the denial. The landlord’s statement of reasons for denial required by subsection (1) of this section may consist of a form with one…
The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of: The person authorized to manage the premises; and 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. The in…
Except as required by a federal program that provides rent subsidies or affordable rents: A landlord may not inquire about the immigration or citizenship status of an applicant, a tenant or a member of an applicant’s or a tenant’s household. If a landlord requires verification of the identity of an applicant or tenant, the landlord shall accept any of the …
If a dwelling unit is subject to an affordability restriction, as defined in ORS 456.766, prior to charging an applicant screening charge or entering into a rental agreement, a landlord shall give an applicant or prospective tenant: The notice required under ORS 456.788 (4); or If ORS 456.788 (4) does not apply, a written notice that provides the earliest …
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: Any outstanding notice of default under a trust …
As used in this section: “Public service” means municipal services and the provision of public resources related to the dwelling unit, including street maintenance, transportation improvements, public transit, public safety and parks and open space. “Public service charge” means a charge imposed on a landlord by a utility or service provider, by a utility …
Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may not enter into a rental agreement creating a new tenancy in the dwelling unit if the d…
A landlord shall ensure that a dwelling unit has one or more carbon monoxide alarms installed in compliance with State Fire Marshal rules and the state building code if the dwelling unit: Contains a carbon monoxide source; or Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the car…
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 separate location for containers or depo…
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: Effective waterproofing and weather protection of roof and exterior walls, including windows and doors; Plumbing facilities that conform to applicable …
As used in this section: “Contaminants” includes arsenic, coliform bacteria, lead and nitrates. “Exempt well” means a well used for purposes exempt under ORS 537.545 (1)(b) or (d). If a dwelling unit has an exempt well or wells as a source of drinking water and is within a ground water quality management area, as defined in ORS 468B.150, the landlord shal…
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 maintenan…
If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase. During any tenancy other than week-to-week, the landlord may not increase the rent: During the first year after the tenancy begins. At any time after the first year of…
No later than September 30th of each year, the Oregon Department of Administrative Services shall calculate the maximum annual rent increase percentage allowed for the following calendar year: For tenancies subject to ORS 90.600 (1) in facilities with more than 30 spaces, as six percent. For tenancies subject to ORS 90.600 (1) in facilities with 30 or fewe…
The tenant shall: 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. 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…
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. TENANT RIGHTS AND REMEDIES
As used in this section: “Extreme heat event” means a day on which the Housing and Community Services Department determines that a heat event has occurred based on a predicted or indicated excessive heat warning or heat advisory by the National Weather Service of the National Oceanic and Atmospheric Administration. “Forecast zone” means a region for which …
Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant’s use of a dwelling as a family child care home if: The family child care home is certified under ORS 329A.280 or registered under ORS 329A.330; and The tenant has notified the landlord of the use. A landlord shall take reasonable steps to cooperate with a tenant …
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 …
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 …
A tenant who receives actual notice that the property that is the subject of the tenant’s rental agreement with a landlord is in foreclosure may apply the tenant’s security deposit or prepaid rent to the tenant’s obligation to the landlord. The tenant must notify the landlord in writing that the tenant intends to do so. The giving of the notice provided by t…
As used in this section, “minor habitability defect”: Means a defect that may reasonably be repaired for not more than $300, such as the repair of leaky plumbing, stopped up toilets or faulty light switches. Does not mean the presence of mold, radon, asbestos or lead-based paint. If, contrary to ORS 90.320, the landlord fails to repair a minor habitabilit…
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…
If, during a fixed term tenancy, a landlord gives a notice under ORS 90.427 (5) terminating the rental agreement on or after the expiration of the fixed term, the tenant may give the tenant’s own notice in writing terminating the rental agreement on a date designated on the notice that is at least 30 days following the date of delivery of the notice to the l…
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,…
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. If a governmental agency has posted a dwelling unit as unsafe and unlawful to occupy due to the existenc…
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: The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with r…
A landlord may not, with the intent or purpose of harassing, retaliating against or intimidating, disclose or threaten to disclose the immigration or citizenship status of an applicant, a tenant or a member of an applicant’s or a tenant’s household. A violation of this section or ORS 90.306 is: Considered a violation of ORS 90.390 (1) and subject to ORS 90…
A landlord may not discriminate against a tenant in violation of local, state or federal law, including ORS 659A.145 and 659A.421. If the tenant can prove that the landlord violated subsection (1) of this section, the tenant has a defense in any discriminatory action brought by the landlord against the tenant for possession, unless the tenant is in default …
Except as provided in ORS 408.515 (3), a notice of termination of tenancy under any provision of this chapter must include the information required by ORS 408.515. Note: 90.391 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.
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 105.100 to 105.168, unless the tenant cures the violation as provided in this section. Causes for termination under this section are: Material violation by the tenant of the rental agreement. Fo…
The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.100 to 105.168, as follows: 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 tha…
As used in this section: “Nonpayment” means the nonpayment of a payment that is due to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584 or 90.630. “Nonpayment” does not include payments owed by a t…
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 105.100 to 105.168, if: The tenant, someone in the tenant’s control …
If a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, marijuana items as defined in ORS 475C.009, 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 p…
Except as provided in this chapter: 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. 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 …
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 105.100 to 105.168 if: The tenant has vacated the premises; The rental agreement with the tenant prohibited subleasing or allowing a…
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…
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. During any absence of the tenant in excess of seven days, the landlord may enter the dwelling…
As used in this section and ORS 90.414 and 90.417, “rent” does not include funds paid to a landlord: Under the United States Housing Act of 1937 (42 U.S.C. 1437f). By any other local, state or federal housing assistance program. Except as otherwise provided in this section, a landlord waives the right to terminate a rental agreement for a particular viola…
If a notice of termination has been given by the landlord or the tenant, the following do not waive the right of the landlord to terminate on the notice and do not reinstate the tenancy: Except when the notice is a nonpayment of rent termination notice under ORS 90.394, the acceptance of rent if: The rent is prorated to the termination date specified in th…
A tenant’s duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement provisions regarding payment. A landlord may refuse to accept a rent tender that is for less than the full amount of rent owed or that is untimely. A landlord may accept a partial payment of…
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. Distraint for rent is abolished.
As used in this section: “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 o…
As used in this section: “First year of occupancy” includes all periods in which any of the tenants has resided in the dwelling unit for one year or less. “Immediate family” means: An adult person related by blood, adoption, marriage or domestic partnership, as defined in ORS 106.310, or as defined or described in similar law in another jurisdiction; An …
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 90.850 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 term…
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.
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 …
As used in this section: “Group recovery home” means a place that provides occupants with shared living facilities and that meets the description of a group home under 42 U.S.C. 300x-25. “Illegal drugs” includes controlled substances or prescription drugs: For which the tenant does not have a valid prescription; or That are used by the tenant in a manner…
If a tenant perpetrates a criminal act of physical violence related to domestic violence, sexual assault, bias crime or stalking against a household member who is a tenant, after delivery of at least 24 hours’ written notice specifying the act or omission constituting the cause and specifying the date and time of the termination, the landlord may: Terminate…
A landlord may not terminate or fail to renew a tenancy, serve a notice to terminate a tenancy, bring or threaten to bring an action for possession, increase rent, decrease services or refuse to enter into a rental agreement: Because a tenant or applicant is, or has been, a victim of domestic violence, sexual assault, bias crime or stalking. Because of a v…
As used in this section: “Immediate family member” means, with regard to a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking, any of the following who is not a perpetrator of the domestic violence, sexual assault, bias crime or stalking against the tenant: An adult person related by blood, adoption, marriage or domestic pa…
Notwithstanding the release of a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking, and any immediate family members of that tenant, from a rental agreement under ORS 90.453 or the exclusion of a perpetrator of domestic violence, sexual assault, bias crime or stalking as provided in ORS 90.459 or 105.128, if there are any re…
A tenant may give actual notice to the landlord that the tenant is a victim of domestic violence, sexual assault, bias crime 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, bias crime or stalking to initiate the changing of the locks. A lan…
As used in this section: “Bedroom” has the meaning given that term in ORS 90.262. “Building” means a dwelling unit or a structure containing a dwelling unit. A landlord shall provide at all times during the tenancy a route or routes of exit from each bedroom and, if required, a secondary route of exit from each bedroom, for use during an emergency. The ro…
A tenant may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the tenant, in compliance with the requirements of this section, in, or near, a parking space assigned to the tenant or the dwelling unit of the tenant. A landlord may prohibit installation or use of a charging station installed and used…
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 ac…
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. 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 i…
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: Enlisting for active service in the Armed Forces of the United States; Serving as a member of a National Guard or other reserve component or an active service component of the Armed Forces of the United…
A landlord may have a motor vehicle removed from the premises only in compliance with this section and either ORS 98.810 to 98.818 or ORS 98.830 and 98.840. Except as provided in ORS 90.425 regarding abandoned vehicles, a landlord may have a motor vehicle removed from the premises without notice to the owner or operator of the vehicle only if the vehicle: …
A tenant may bring an action against a building landlord if for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS 100.301 to 100.320: Within one year before the declarant records the declaration under ORS 100.100, the landlord gives a tenant a 30-day notice without stated cause; or Within …
The landlord of a building for which a declarant of a conversion condominium has issued the tenant a notice of conversion under ORS 100.305 may not: Give the tenant a 30-day notice without stated cause that causes the tenancy to terminate on a date that is prior to the end of the 120-day period described in ORS 100.305 or the 60-day period described in ORS …
MANUFACTURED DWELLING PARKS AND MARINAS (General Provisions)
As used in ORS 90.505 to 90.850: “Deterioration”: Includes a collapsing or failing staircase or railing, one or more holes in a wall or roof, an inadequately supported window air conditioning unit, falling gutters, siding or skirting, or paint that is peeling or faded as to threaten the useful life or integrity of the siding. Does not include aesthetic or…
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 sta…
As used in this section and ORS 90.514, 90.516 and 90.518: “Buyer” has the meaning given that term in ORS 72.1030. “Converted rental space” means a rental lot that is located in a subdivision created as provided under ORS 92.010 to 92.192. “Improvements” has the meaning given that term in ORS 646A.050. “Manufactured dwelling park” means any place where f…
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 Attorn…
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.
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. If a provider fails to give a statement of estimated costs or kn…
A landlord may not impose conditions of rental or occupancy which unreasonably restrict the tenant or prospective tenant in choosing a fuel supplier, furnishings, goods, services or accessories. A landlord may not prohibit a tenant from engaging a real estate agent or a licensed manufactured structure dealer of the tenant’s choice to facilitate the sale or …
A landlord may require a tenant in a manufactured dwelling park to obtain and maintain renter’s liability insurance only if: The insurance requirement is in the park’s statement of policy and in the written rental agreement. The landlord obtains and maintains comparable liability insurance. Documentation, including a certificate of coverage, that shows th…
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 ret…
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 simi…
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 …
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.
As used in this section: “Actively markets for sale” means that the facility tenant: Places a for-sale sign on the dwelling or home; Retains a broker, real estate agent, or manufactured structure dealer to assist in the sale; and Advertises the dwelling or home for sale in a newspaper or online. “Facility landlord” means the landlord of the facility. “…
As used in ORS 90.560 to 90.584: “Direct billing” means a relationship between the tenant and the utility or service provider in which: 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 The landlord does not act as a provider. “Park specific billing” mean…
Subject to the policies of the utility or service provider and ORS 90.560 to 90.584, a landlord may provide for utilities or services to tenants by one or more of the following billing methods: Direct billing; Rent-included billing; Pro rata billing; Submeter billing; and Park specific billing. A landlord may not use pro rata billing for garbage collec…
Notwithstanding ORS 90.568 (4) or 90.572 (3), a landlord may add an additional amount to a utility or service charge billed to the tenant if: The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage; The additional amount is not more …
A landlord may unilaterally amend a rental agreement to convert the method of billing a tenant for garbage collection and disposal from rent-included billing or pro rata billing to a billing method in which the service provider: Supplies garbage receptacles; Collects and disposes of garbage; and Bills the tenant directly; or Bills the landlord, who then …
If allowed by a written rental agreement, a landlord using pro rata billing may require a tenant to pay to the landlord a utility or service charge that was 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. A landlord may…
A landlord, upon 60 days’ written notice to a tenant, may unilaterally amend a rental agreement to require a tenant to pay to the landlord, as part of the utility or service charge, a pro rata proportion of any new or increased public service charge billed to the landlord by a utility or service provider or a local government for a public service provided di…
If allowed by a written rental agreement, a landlord using submeter billing 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. A utility or service charge to be assessed to a ten…
A landlord may unilaterally amend a rental agreement as provided in this section to convert a tenant’s existing utility or service billing method for water or wastewater: From rent-included billing or pro rata billing to submeter billing; or From rent-included billing to pro rata billing. At least one month prior to installing submeters for a billing conv…
The Legislative Assembly finds and declares that: Water is an essential and scarce resource; Conservation of water is critical for the future of this state; and Billing for water according to usage encourages users to conserve water and allows users to exercise better control over their costs.
Except as provided in subsections (2) and (3) of this section, a landlord that assesses the tenants of a manufactured dwelling park containing 200 or more spaces in the facility a utility or service charge for water by pro rata billing shall convert the method of assessing the utility or service charge to direct billing or submeter billing. The landlord shal…
A landlord using submeter billing may install submeters to measure consumption of a utility or service. After giving notice under ORS 90.725, a landlord may enter 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. The installation of a submeter may be at the connection t…
inspection. (1) If a landlord bills tenants for water using pro rata billing or submeter billing, the landlord shall post the facility water bills in an area accessible to tenants, including on an Internet location. A landlord shall, upon written request by the tenant, make available for inspection by the tenant all utility billing records relating to a uti…
With the approval of the tenants, a landlord of a manufactured dwelling park may amend the rental agreement to convert a tenant’s billing for water and wastewater from pro rata billing or rent-included billing to park specific billing only as provided under this section. Park specific billing must allocate the cost for water and wastewater service fairly am…
If a rental agreement is a month-to-month tenancy to which ORS 90.505 to 90.850 apply, the landlord may not increase the rent: Without giving each affected tenant notice in writing at least 90 days prior to the effective date of the rent increase; More than once in any 12-month period; or By a percentage greater than the maximum calculated under ORS 90.32…
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 f…
As used in this section, “eligible space” means each space in the facility as long as: The space is rented to a tenant and the tenancy is subject to ORS 90.505 to 90.850; and The tenant who occupies the space has not: Previously agreed to a rental agreement that includes the proposed rule or regulation change; or Become subject to the proposed rule or re…
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. The tenant m…
Except as provided in subsection (5) of this section, the landlord may terminate a rental agreement for space for a manufactured dwelling or floating home by giving to the tenant not less than 30 days’ notice in writing before the termination date designated in the notice, if the tenant: Materially violates a law related to the tenant’s conduct as a tenant;…
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 exterior of the manufactured dwelling or floating home, only by complying with this section and ORS 105.100 to 105.168. A termination shall include removal of …
A landlord may not assert a lien under ORS 87.162 for dwelling unit rent against a manufactured dwelling or floating home located in a facility. Notwithstanding ORS 90.100 (51) and 90.675 and regardless of whether the owner of a manufactured dwelling or floating home occupies the dwelling or home as a residence, a facility landlord that is entitled to unpaid…
If a manufactured dwelling park is affected by a natural disaster, as defined in ORS 197A.440, unless the parties agree otherwise following the natural disaster: For a manufactured dwelling that is destroyed, the tenancy is immediately terminated and the parties are not further obligated under the rental agreement or this chapter, except that: The landlord…
A manufactured dwelling park may be converted to a planned community subdivision of manufactured dwellings pursuant to ORS 92.830 to 92.845. When a manufactured dwelling park is converted pursuant to ORS 92.830 to 92.845: Conversion does not require closure of the park pursuant to ORS 90.645 or termination of any tenancy on any space in the park or any lot …
If a manufactured dwelling park, or a portion of the park that includes the space for a manufactured dwelling, is to be closed and the land or leasehold converted to a use other than as a manufactured dwelling park, and the closure is not required by the exercise of eminent domain or by order of federal, state or local agencies, the landlord may terminate a …
If a manufactured dwelling park or a portion of a manufactured dwelling park is closed, resulting in the termination of the rental agreement between the landlord of the park and a tenant renting space for a manufactured dwelling, whether because of the exercise of eminent domain, by order of a federal, state or local agency or as provided under ORS 90.645 (1…
A landlord that gives a notice of termination under ORS 90.645 shall, at the same time, send one copy of the notice to the Housing and Community Services Department by first class mail. The landlord shall, at the same time, send a copy of the notice, both by first class mail and by certified mail with return receipt requested, for each affected manufactured …
A local government may not enforce an ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures adopted by the local government on or after July 1, 2007, or amended on or after January 1, 2010. An ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures may not be applie…
If a marina or a portion of the marina that includes a marina space is to be closed and the land or leasehold converted to a different use, and the closure is not required by the exercise of eminent domain or by order of a federal, state or local agency, the landlord of the marina may terminate a month-to-month or fixed term rental agreement for a marina spa…
As used in this section: “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 subs…
As used in this section, “consignment” means an agreement in which a tenant authorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord receives compensation. A landlord may not deny any manufactured dwelling or floating ho…
(Actions)
Except as provided in paragraph (b) of this subsection, any person aggrieved by a violation of ORS 90.525, 90.630, 90.680 or 90.765 has a cause of action against the violator for any damages sustained as a result of the violation or $500, whichever is greater. If a person violates ORS 90.680 three or more times within a 24-month period, a person has a cause…
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 a…
As used in this section: “Emergency” includes but is not limited to: A repair problem that, unless remedied immediately, is likely to cause serious physical harm or damage to individuals or property. The presence of a hazard tree on a rented space in a manufactured dwelling park. “Unreasonable time” refers to a time of day, day of the week or particular …
As used in this section: “Maintaining a tree” means removing or trimming a tree for the purpose of eliminating features of the tree that cause the tree to be hazardous, or that may cause the tree to become hazardous in the near future. “Removing a tree” includes: Felling and removing the tree; and Grinding or removing the stump of the tree. The landlord…
A landlord may require a tenant in a marina to move the tenant’s floating home under this section for reasons allowing for the safety and convenience of the marina and other tenants, including: Moving another floating home within the marina; Repairing an adjacent floating home; or Dredging, repairing an adjacent dock or otherwise repairing or improving th…
As used in this section, “facility common areas” means all areas under control of the landlord and held out for the general use of tenants. A landlord who rents a space for a manufactured dwelling or floating home shall at all times during the tenancy maintain the rented space, vacant spaces in the facility and the facility common areas in a habitable condi…
Every landlord of a facility shall register annually in writing with the Housing and Community Services Department. The department shall charge the landlord a registration fee of $100 for facilities with more than 20 spaces and $50 for facilities with 20 or fewer spaces. The landlord shall file a registration and pay a registration fee for each facility owne…
At least one person for each facility who has authority to manage the premises of the facility shall, every two years, complete four hours of continuing education relating to the management of facilities. The following apply for a person whose continuing education is required: If there is any manager or owner who lives in the facility, the person completing…
The Housing and Community Services Department may assess a civil penalty against a landlord or owner if the department finds that the landlord or owner has not complied with ORS 90.732 or 90.734. The civil penalty may not exceed $1,000. The department shall assess the civil penalty according to the schedule of penalties developed by the department under ORS …
The Housing and Community Services Department shall adopt rules for the administration and enforcement of ORS 90.732 and 90.734. The rules shall include, but need not be limited to, a rule that establishes a schedule of civil penalties for noncompliance that is consistent with the amount limitation established under ORS 90.736. The department shall appoint …
A tenant shall: 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. 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…
No provision contained in any bylaw, rental agreement, regulation or rule pertaining to a facility shall: 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. Reasonabl…
No provision in any bylaw, rental agreement, regulation or rule may 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 recrea…
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: The tenant has expressed an intention to complain to agencies…
For disputes subject to mediation under this section, if any party initiates mediation under this section, mediation is mandatory. A landlord of a tenancy subject to ORS 90.505 to 90.850 shall establish a mediation policy to resolve disputes related to: Landlord or tenant compliance with the rental agreement or with the provisions of this chapter; Landlord…
In addition to mandatory mediation required under ORS 90.767, a facility may establish an informal dispute resolution procedure that ensures each issue with merit is addressed within 30 days after receipt of a formal complaint.
In order to foster the role of the Housing and Community Services Department in mediating and resolving disputes between landlords and tenants of manufactured dwelling and floating home facilities, the department shall establish procedures to maintain the confidentiality of information received by the department pertaining to individual landlords and tenants…
The Housing and Community Services Department may adopt rules necessary to carry out the provisions of ORS 90.771. (Facility Purchase)
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 tenants would like to join together, alone or in cooperation with an associated entity, to purchase the facility in which the tenants live in order to have greate…
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. Notwithstanding any budget limit…
An owner of a facility shall give written notice of the owner’s interest in selling the facility before the owner markets the facility for sale or when the owner receives an offer to purchase that the owner intends to consider, whichever occurs first. The owner shall give the notice required by subsection (1) of this section to: All tenants of the facility…
Within 15 days after delivery of the notice described in ORS 90.842, if the tenants choose to compete to purchase the facility in which the tenants reside, the tenants must notify the owner in writing of: The tenants’ interest in competing to purchase the facility; The formation or identification of a single tenants committee formed for the purpose of purc…
During the process described in ORS 90.842 to 90.850, the parties shall act in a commercially reasonable manner, which includes a duty of the owner of the facility to consider in good faith any offer from the tenants or an entity formed by or associated with the tenants and to negotiate with the tenants or the entity in good faith. Except as provided in ORS…
With regard to a sale or transfer of a facility, ORS 90.842, 90.844 and 90.846 do not apply to: Any sale or transfer to an individual who would be included within the table of descent and distribution if the owner of the facility were to die intestate. Any transfer by gift, devise or operation of law. Any sale or transfer by a corporation to an affiliate.…
In addition to providing notice as required by ORS 90.842, upon sale of a facility under ORS 90.842 to 90.850 or upon any sale, transfer, exchange or other conveyance of a facility described in ORS 90.848, the owner shall give notice of the conveyance to the Housing and Community Services Department stating: The number of vacant spaces and homes in the faci…
A facility owner may present for recordation, in the County Clerk Lien Record of the county in which the facility is located, an affidavit in which the owner certifies that: The owner has complied with the requirements of ORS 90.842, 90.844 and 90.846 with reference to an offer by the owner for the sale or transfer of the facility. The owner has complied w…
As used in ORS 90.865 to 90.875: “Buyer” has the meaning given that term in ORS 72.1030; “Facility” has the meaning given that term in ORS 90.100; “Landlord” has the meaning given that term in ORS 90.100; “Manufactured dwelling” has the meaning given that term in ORS 90.100; “Purchase money security interest” has the meaning given that term in ORS 79.10…
A seller of a manufactured dwelling who is subject to ORS 446.661 to 446.756 must provide notice under ORS 90.870 if the manufactured dwelling is to be placed in a facility and the seller: Pays a portion of the rent for the dwelling; or Provides financing or assists the buyer in arranging financing that results in a party taking a purchase money security i…
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 statement that a portion of the rent is being paid by the seller or out of the proceeds from financing; and The amoun…
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. Note: See first note under 90.860.
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