Oregon Law
Law as of Jan 1, 2024
Chapter contents
90.100Definitions 90.105Short title 90.110Exclusions from application of this chapter 90.112Maximum occupancy limit 90.113Additional exclusion from application of chapter 90.115Territorial application 90.120Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.465 and 90.505 to 90.850 90.125Administration of remedies; enforcement 90.130Obligation of good faith 90.135Unconscionability 90.140Types of payments landlord may require or accept; written evidence of payment 90.145Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord; restrictions 90.147Delivery of possession 90.148Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy 90.150Service or delivery of actual notice 90.155Service or delivery of written notice 90.160Calculation of periods or notices 90.220Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment 90.222Renter’s liability insurance 90.228Notice of location in 100-year flood plain 90.230Rental agreements for occupancy of recreational vehicle in park; remedy for noncompliance; exception 90.240[Formerly 91.740; 1993 c.369 §3; 1995 c.559 §6; 1997 c.577 §8; 1999 c.603 §10; 2003 c.378 §9; renumbered 90.220 in 2005] 90.243Qualifications for drug and alcohol free housing; “program of recovery” defined 90.245Prohibited provisions in rental agreements; remedy 90.250Receipt of rent without obligation to maintain premises prohibited 90.255Attorney fees 90.260Late rent payment charge or fee; restrictions; calculation 90.262Use and occupancy rules and regulations; adoption; enforceability; restrictions 90.263Vehicle tags 90.265Interest in alternative energy device installed by tenant 90.275Temporary occupancy agreement; terms and conditions 90.295Applicant screening charges; screening criteria 90.297Prohibition on charging deposit or fee to enter rental agreement; exceptions; deposit allowed for securing execution of rental agreement; remedy 90.300Security deposits; prepaid rent 90.302Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies 90.303Evaluation of applicant 90.304Statement of reasons for denial; remedy 90.305Disclosure of certain matters; retention of rental agreement; inspection of agreement 90.310Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager 90.315Utility or service payments; additional charges; responsibility for utility or service; remedies 90.316Carbon monoxide alarm 90.317Repair or replacement of carbon monoxide alarm 90.318Criteria for landlord provision of certain recycling services 90.320Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises 90.322Landlord or agent access to premises; remedies 90.323Maximum rent increase; exceptions; notice 90.324Calculation of maximum rent increase; publication 90.325Tenant duties 90.330[Formerly 91.780; 1991 c.852 §1; 1995 c.559 §17; renumbered 90.262 in 1995] 90.335[Formerly 91.785; 1995 c.559 §18; renumbered 90.322 in 1995] 90.340Occupancy of premises as dwelling unit only; notice of tenant absence 90.355Portable cooling device allowed; exceptions; landlord termination based on violation 90.358Dwelling use as family child care home allowed; conditions 90.360Effect of landlord noncompliance with rental agreement or obligation to maintain premises; generally 90.365Failure of landlord to supply essential services; remedies 90.367Application of security deposit or prepaid rent after notice of foreclosure; termination of fixed term tenancy after notice 90.368Repair of minor habitability defect 90.370Tenant counterclaims in action by landlord for possession or rent 90.375Effect of unlawful ouster or exclusion; willful diminution of services 90.380Effect of rental of dwelling in violation of building or housing codes; remedy 90.385Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases 90.390Discrimination against tenant or applicant; tenant defense 90.391Information to veterans required in notice 90.392Termination of tenancy for cause; tenant right to cure violation 90.394Termination of tenancy for failure to pay rent 90.395Required delivery of notice of rental assistance and support services before termination for nonpayment 90.396Acts or omissions justifying termination 24 hours after notice 90.398Termination of tenancy for drug or alcohol violations 90.400[Formerly 91.820; 1993 c.369 §12; 1995 c.559 §26; 1997 c.577 §23; 1999 c.603 §24; 1999 c.676 §15; 2001 c.596 §33; 2003 c.378 §13; 2005 c.22 §61; 2005 c.708 §42; repealed by 2005 c.391 §39] 90.401Remedies available to landlord 90.402[1993 c.369 §25; 1995 c.559 §27; renumbered 90.160 in 1995] 90.403Taking possession of premises from unauthorized possessor 90.405Effect of tenant keeping unpermitted pet 90.410Effect of tenant failure to give notice of absence; absence; abandonment 90.412Waiver of termination of tenancy 90.414Acts not constituting waiver of termination of tenancy 90.415[Formerly 91.830; 1991 c.62 §1; 1995 c.559 §30; 1997 c.577 §24; 1999 c.603 §27; 1999 c.676 §16; 2001 c.596 §34; 2003 c.658 §4; 2005 c.22 §62; 2005 c.391 §21; repealed by 2007 c.906 §30] 90.417Duty to pay rent; effect of acceptance of partial rent 90.420Enforceability of landlord liens; distraint for rent abolished 90.425Disposition of personal property abandoned by tenant; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property 90.426[1995 c.758 §3; repealed by 1997 c.577 §50] 90.427Termination of tenancy without tenant cause; effect of termination notice 90.429Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850 90.430Claims for possession, rent, damages after termination of rental agreement 90.435Limitation on recovery of possession of premises 90.440Termination of tenancy in group recovery home; recovery of possession; damages 90.445Termination of tenant who commits criminal act of physical violence; protection for remaining tenants 90.449Landlord discrimination against victim; exception; tenant defenses and remedies 90.450[Formerly 90.940; 1997 c.303 §5; 1999 c.603 §31; renumbered 90.465 in 2007] 90.453Release of victim from tenancy; victim verification statement 90.456Continuing tenancy after release of victim 90.459Change of locks at request of victim 90.460Alternate exit from bedroom required; tenant right to recover for landlord noncompliance 90.462Electric vehicle charging stations 90.465Right of city to recover from owner for costs of relocating tenant due to condemnation; defense 90.472Termination by tenant called into active state service by Governor 90.475Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration 90.485Restrictions on landlord removal of vehicle; exceptions 90.490Prohibited acts in anticipation of notice of conversion to condominium; damages 90.493Prohibited acts following notice of conversion to condominium; damages 90.500[Formerly 91.868; 1991 c.844 §4; 1993 c.580 §2; repealed by 1995 c.559 §58] 90.505Definitions for ORS 90.505 to 90.850; application of statutes 90.510Statement of policy; rental agreement; rules and regulations; remedies 90.512Definitions for ORS 90.514 and 90.518 90.514Disclosure to prospective tenant of improvements required under rental agreement; limitations on requirements 90.515[1991 c.844 §2; repealed by 1995 c.559 §58] 90.516Model statement for disclosure of improvements required under rental agreement; rules 90.518Provider statement of estimated cost of improvements 90.525Unreasonable conditions of rental or occupancy prohibited; notice of rights 90.527Renter’s liability insurance in park 90.528Use of common areas or facilities 90.530Pets in facilities; rental agreements; violations 90.531[2005 c.619 §5; 2019 c.625 §42; renumbered 90.560 in 2019] 90.532[2005 c.619 §6; 2007 c.71 §24; 2009 c.305 §1; 2009 c.816 §§6,6a; 2011 c.503 §§6,6a; 2013 c.443 §14; 2019 c.625 §43; renumbered 90.562 in 2019] 90.533[2009 c.816 §2; 2019 c.625 §54; renumbered 90.566 in 2019] 90.534[2005 c.619 §7; 2009 c.305 §2; 2009 c.816 §7; 2019 c.625 §44; renumbered 90.568 in 2019] 90.535[2009 c.816 §3; renumbered 90.564 in 2019] 90.536[2005 c.619 §8; 2009 c.305 §3; 2011 c.503 §8; 2019 c.625 §45; renumbered 90.572 in 2019] 90.537[2005 c.619 §9; 2009 c.816 §8; 2011 c.503 §9; 2019 c.625 §46; renumbered 90.574 in 2019] 90.538[2009 c.816 §4; 2019 c.625 §47; renumbered 90.582 in 2019] 90.539[2005 c.619 §10; 2019 c.625 §47a; renumbered 90.580 in 2019] 90.540[2001 c.596 §23; renumbered 90.550 in 2011] 90.541[2011 c.503 §2; renumbered 90.576 in 2019] 90.543[2009 c.479 §1; 2011 c.503 §4; 2013 c.443 §9; 2019 c.625 §48; renumbered 90.578 in 2019] 90.545Fixed term tenancy expiration; renewal or extension; new rental agreements; tenant refusal of new rental agreement; written storage agreement upon termination of tenancy 90.550Permissible forms of tenancy; minimum fixed term 90.555Subleasing agreements 90.560Definitions for ORS 90.560 to 90.584 90.562Utility and service charges; limits 90.564Charge for cable, satellite or Internet 90.566Conversion to direct billing for garbage service 90.568Pro rata billing; apportionment methods 90.570Public service charge pro rata apportionment 90.572Submeter billing 90.574Conversion to submeter or pro rata billing for water 90.576Legislative findings 90.578Conversion to submeter or direct billing for large parks 90.580Entry to read submeter; requirement for water submeter 90.582Publication of submeter or pro rata bills; tenant inspection 90.584Park specific billing for water; voting 90.600Increases in rent; limitations; notice; meeting with tenants; effect of failure to meet 90.605Persons authorized to receive notice and demands on landlord’s behalf; written notice to change designated person 90.610Notice of proposed change in rule or regulation; tenant objection to change 90.620Termination by tenant; notice to landlord 90.630Termination by landlord; causes; notice; cure; repeated nonpayment of rent 90.632Termination of tenancy due to physical condition of manufactured dwelling or floating home; correction of condition by tenant 90.634Prohibition against lien for rent; action for possession; disposition of dwelling or home; disposition of goods 90.635[1995 c.746 §§47,48; 1997 c.577 §26b; 1999 c.676 §23; 2001 c.596 §45; 2003 c.21 §1; 2005 c.22 §67; 2007 c.843 §91; 2007 c.906 §7; renumbered 90.650 in 2007] 90.640Park damaged by natural disaster 90.643Conversion of park to planned community subdivision of manufactured dwellings 90.645Closure of park; notices; payments to tenants; rules 90.650Notice of tax provisions to tenants of closing park; rules 90.655Park closure notice to nontenants; report of tenant reactions 90.660Local regulation of park closures 90.670[Formerly 91.915; 1991 c.844 §13; 1993 c.580 §5; repealed by 1997 c.577 §50] 90.671Closure of marina; notices; payments to tenants; rules 90.675Disposition of manufactured dwelling or floating home left in facility; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property 90.680Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord 90.690[Formerly 91.910; 1991 c.844 §15; 1993 c.580 §7; 1995 c.559 §38; repealed by 1997 c.577 §50] 90.710Causes of action; limit on cause of action of tenant 90.720Action to enjoin violation of ORS 90.750 or 90.755 90.725Landlord or agent access to rented space; remedies 90.727Maintenance of trees in rented spaces 90.729Temporary movement of floating home; notice; costs paid by landlord 90.730Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition 90.732Landlord registration; registration fee 90.734Manager or owner continuing education requirements 90.736Civil penalties 90.738Enforcement of registration and education requirements; advisory committee; rules 90.740Tenant obligations 90.750Right to assemble or canvass in facility; limitations 90.755Right to speak on political issues; limitations; placement of political signs 90.760[Formerly 91.905; 1991 c.844 §23; 2014 c.89 §6; renumbered 90.805 in 2015] 90.765Prohibitions on retaliatory conduct by landlord 90.767Mandatory mediation 90.769Informal dispute resolution 90.770[Formerly 91.950; 1991 c.844 §29; 1997 c.249 §33; 1999 c.154 §1; repealed by 2001 c.596 §25 (90.771 enacted in lieu of 90.770)] 90.771Confidentiality of information regarding disputes 90.775Rules 90.800Policy 90.805[Formerly 90.760; repealed by 2019 c.625 §25] 90.810[1989 c.919 §8; 1991 c.844 §25; 1995 c.559 §43; 2014 c.89 §8; repealed by 2019 c.625 §25] 90.815[1989 c.919 §9; 1991 c.844 §26; 2014 c.89 §9; repealed by 2019 c.625 §25] 90.820[1989 c.919 §10; 1991 c.844 §19; 1999 c.222 §1; 1999 c.603 §34a; 2009 c.295 §1; 2014 c.89 §10; repealed by 2019 c.625 §25] 90.830[1989 c.919 §11; 1991 c.844 §27; 1999 c.222 §2; 2014 c.89 §11; repealed by 2019 c.625 §25] 90.840Park purchase funds, loans 90.842Notice of sale of facility; contents; formation of tenants committee for purchasing facility 90.844Procedures for purchase of facility by tenants; financial information; deadlines 90.846Notices and processes in facility transfer; remedies 90.848Exceptions to facility transfer requirements 90.849Notice of conveyance 90.850Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit 90.860Definitions for ORS 90.865 to 90.875 90.865Dealer notice of rent payments and financing 90.870Manner of giving notice; persons entitled to notice 90.875Remedy for failure to give notice 90.900[Formerly 91.855; 1995 c.559 §32; renumbered 90.427 in 1995] 90.905[1991 c.844 §31; 1995 c.559 §33; renumbered 90.429 in 1995] 90.910[Formerly 91.857; 1991 c.844 §32; 1993 c.369 §33; 1993 c.580 §4; 1995 c.559 §4; renumbered 90.155 in 1995] 90.920[Formerly 91.860; repealed by 1995 c.559 §58] 90.930[Formerly 91.862; repealed by 1993 c.369 §39] 90.940[Formerly 91.866; renumbered 90.450 in 1995]

Chapter 90 — Residential Landlord and Tenant

ORS 90.135 Unconscionability

(1)

If the court, as a matter of law, finds:

(a)

A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or

(b)

A settlement in which a party waives or agrees to forgo a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

(2)

If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.