Chapter 91 Tenancy · Oregon Law

91.010 When tenancy is deemed to exist

A tenancy is deemed to exist under this chapter and ORS 105.115 and 105.120 when one has let real estate as a landlord to another.

91.020 Tenancies classified

Tenancies are as follows: Tenancy at sufferance, tenancy at will, tenancy for years, tenancy from year to year, tenancy from month to month, tenancy by entirety and tenancy for life. The times and conditions of the holdings shall determine the nature and character of the tenancy.

91.030 Tenancy by entirety or for life

A tenancy by entirety and a tenancy for life shall be such as now fixed and defined by the laws of the State of Oregon.

91.040 Tenancy at sufferance

One who comes into possession of the real estate of another lawfully, but who holds over by wrong after the termination of the term, is considered as a tenant at sufferance. No notice is required to terminate a tenancy at sufferance.

91.050 Tenancy at will

One who enters into the possession of real estate with the consent of the owners, under circumstances not showing an intention to create a freehold interest, is considered a tenant at will. When the rent reserved in the lease at will is payable at periods of less than three months, a notice to terminate the tenancy is sufficient if it is equal to the interva…

91.060 Tenancy from year to year

One who enters into the possession of real estate with the consent of the owner, and no certain time is mentioned, but an annual rent is reserved, is considered a tenant from year to year. A notice to terminate a tenancy from year to year is sufficient if it is given 60 days prior to the expiration of the period for which, by the terms of the lease and holdi…

91.070 Tenancy from month to month

One who holds the lands or tenements of another, under the demise of the other, and no certain time has been mentioned, but a monthly rental has been reserved, is considered a tenant from month to month. Except as otherwise provided by statute or agreement, such tenancy may only be terminated by either the landlord or tenant giving the other, at any time dur…

91.080 Termination when expiration of tenancy fixed by terms of lease

A tenant entering into the possession of real estate may, by the terms of the lease, fix the date of expiration of the tenancy, and when so fixed, no notice is required to render the holding of the tenant wrongful and by force after the expiration of the term as fixed by the lease.

91.090 Termination of tenancy by failure to pay rent; reinstatement

The failure of a tenant to pay the rent reserved by the terms of the lease for the period of 10 days, unless a different period is stipulated in the lease, after it becomes due and payable, operates to terminate the tenancy. No notice to quit or pay the rent is required to render the holding of such tenant thereafter wrongful; however, if the landlord, after…

91.100 Waiver of notice

Any person entering into the possession of real estate under written lease, as the tenant of another, may, by the terms of the lease of the person, waive the giving of any notice prescribed by ORS 91.050 to 91.070.

91.110 Notices to be in writing; how served

All notices required by ORS 91.050 to 91.070 and by ORS 105.120, must be in writing and must be served upon the tenant by being delivered to the tenant in person or by being posted in a conspicuous place on the leased premises in case of the absence of the tenant, or by being left at the residence or place of abode.

91.115 Tenant not to deny landlord’s title

A tenant is not permitted to deny the title of the tenant’s landlord at the time of the commencement of the relation. EVICTION OF NONTENANTS

91.120 Eviction of employee; notice required

An employee described in ORS 90.110 (7) may only be evicted pursuant to ORS 105.100 to 105.168 after at least 24 hours’ written notice of the termination of employment or a notice period set forth in a written employment contract, whichever is longer. This section does not create the relationship of landlord and tenant between a landlord and such employee.

91.122 Occupancy of dwelling unit by employee of resident of dwelling unit

As used in this section, “dwelling unit” has the meaning given that term in ORS 90.100. An employee of a resident of a dwelling unit whose occupancy is conditional upon employment in and about the premises, and members of the employee’s household, may only be evicted pursuant to ORS 105.100 to 105.168 after at least 24 hours’ written notice of the terminati…

91.125 [1987 c.611 §5; repealed by 1993 c.369 §39]

91.130 Eviction of purchaser or seller of property; notice required

A dwelling unit purchaser or seller described in ORS 90.110 (2) may only be evicted pursuant to ORS 105.100 to 105.168 after at least 24 hours’ written notice of the termination of the occupancy or a notice period set forth in a written agreement of sale, whichever is longer. This section does not create the relationship of landlord and tenant between the se…

91.140 Eviction of squatter

An owner or landlord, as defined in ORS 90.100, of a premises may take possession pursuant to ORS 105.100 to 105.168 of the premises from a squatter, as defined in ORS 90.100, after giving the person 24 hours’ written notice of the termination of the occupancy. The notice must specify the date and time by which the person must vacate and state that the cause…

91.210 Rents payable in advance unless otherwise agreed; demand unnecessary

Unless otherwise expressly provided by the lease or terms of holding, all rents reserved under the lease or terms of holding are due and payable in advance. The tenant shall pay or tender payment thereof on or prior to the first day of the rent paying period provided in the lease or by the terms of the holding, and no demand therefor is necessary to render a…

91.220 Tenant in possession liable for rent; remedies for recovery

Every person in possession of land out of which any rent is due, whether it was originally demised in fee, or for any other estate of freehold, or for any term of years, is liable for the amount or proportion of rent due from the land in possession of the person, although it is only a part of what was originally demised. Such rent may be recovered in an act…

91.225 Local rent control prohibited; exclusions; exceptions

The Legislative Assembly finds that there is a social and economic need to insure an adequate supply of affordable housing for Oregonians. The Legislative Assembly also finds that the imposition of general restrictions on housing rents will disrupt an orderly housing market, increase deferred maintenance of existing housing stock, lead to abandonment of exis…

91.230 Farm tenant’s right to emblements

When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of the lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or sown by the tenant or person in possession before the service of notice to quit. …

91.240 Gambling leases prohibited; status of rental contracts; termination; recovery of possession

No person shall let or rent any house, room, shop or other building, or any boat, booth, garden or other place, knowing or having reason to believe it will be used for gambling purposes. All contracts for the rent of a room, building or place in violation of subsection (1) of this section are void between the parties. Any person letting or renting any room…

91.245 Penalty for letting or renting a place for gambling purposes

Violation of ORS 91.240 (1) results in a forfeiture of twice the amount of the rent of such building or other place for six months to be recovered by action at law instituted by the district attorney in the name of the state. UTILITY CLAIMS

91.255 Transfer of claim; prohibition; limitations

As used in this section, “municipal utility” means any city, county or district that provides or delivers electricity, natural gas, domestic water, sewer service or garbage or refuse service. A “municipal utility” does not include a people’s utility district. A utility company shall not transfer a claim against a tenant to the owner of the real property wit…

91.265 Installation of electric vehicle charging station; cost of additional infrastructure improvements; action to enforce compliance

As used in this section: “Landlord” means the owner, lessor or sublessor of a rental unit or the building or premises of which it is a part, or a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. “Rental unit” means a structure or part of a structure that is used as a commercial space by …