TITLE 10
PROPERTY RIGHTS AND
TRANSACTIONS
Chapter 90
Residential Landlord and
Tenant
GENERAL PROVISIONS
Definitions.
Subject to additional definitions contained in this chapter that
apply to specific sections or parts thereof, and unless the context
otherwise requires, in this chapter:
(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” include 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) “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.
(6) “Drug and alcohol free housing” means a rental
agreement as described in ORS 90.243.
(7) “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.
(8) “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.
(9) “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.
(10) “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.
(11) “Fee” means a nonrefundable payment of money.
(12) “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.
(13) “Floating home” has the meaning given that term in
ORS 830.700. As used in this chapter, “floating home” includes
an accessory building or structure.
(14) “Good faith” means honesty in fact in the conduct of
the transaction concerned.
(15) “Hotel or motel” means “hotel” as that term is
defined in ORS 699.005.
(16) “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.
(17) “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.
(18) “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.
(19) “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.
(20) “Manufactured dwelling” means a residential trailer,
a mobile home or a manufactured home as those terms are defined in
ORS 446.003 (26). “Manufactured dwelling” includes an accessory
building or structure. “Manufactured dwelling” does not include
a recreational vehicle.
(21) “Manufactured dwelling park” has the meaning given
that term in ORS 446.003.
(22) “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.
(23) “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.
(24) “Person” includes an individual or organization.
(25) “Premises” means a dwelling unit and the structure
of which it is a part and facilities and appurtenances therein and
grounds, areas and facilities held out for the use of tenants
generally or whose use is promised to the tenant.
(26) “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.
(27) “Recreational vehicle” has the meaning given that
term in ORS 446.003.
(28) “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 90.510 (8).
(29) “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.
(30) “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.
(31) “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.
(32) “Security deposit” means any 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, but does not mean a fee.
(33) “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).
(34) “Statement of policy” means the summary explanation
of information and facility policies to be provided to prospective
and existing tenants under ORS 90.510.
(35) “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.
(36) “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.
(37) “Transient lodging” means a room or a suite of
rooms.
(38) “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.
(39) “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.
(40) “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. Title 10, Chap. 90, §90.100
Short title.
This chapter shall be known and may be cited as the
“Residential Landlord and Tenant Act.” Title 10, Chap. 90,
§90.105
Exclusions from application of this chapter.
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 under a contract of sale of a dwelling unit or
the property of which it is a part, if the occupant is the purchaser
or a person who succeeds to the interest of the purchaser.
(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. Title 10, Chap.
90, §90.110
Territorial application.
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. Title 10, Chap. 90,
§90.115
Applicability of other statutory lien, tenancy and rent
provisions; applicability of
ORS 90.100 to 90.450 and 90.505 to 90.840.
(1) The provisions of ORS 87.152 to 87.212, 91.010 to 91.110,
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 which reasonably apply
only to the 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 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) The space is in a facility.
(4) 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 90.450.
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. Title 10, Chap. 90, §90.120
Administration of remedies; enforcement.
(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. Title 10, Chap. 90, §90.125
Obligation of good faith.
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. Title 10, Chap. 90, §90.130
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 forego
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. Title 10, Chap. 90, §90.135
Types of payments landlord may require or accept.
A landlord may require or accept the following types of
payments:
(1) Applicant screening charges, pursuant to ORS 90.295;
(2) Deposits to secure the execution of a rental agreement,
pursuant to ORS 90.297;
(3) Security deposits, pursuant to ORS 90.300;
(4) Fees, pursuant to ORS 90.302;
(5) Rent, as defined in ORS 90.100;
(6) Prepaid rent, as defined in ORS 90.100;
(7) Utility or service charges, pursuant to ORS 90.315 (4) or
90.510 (8);
(8) Late charges or fees, pursuant to ORS 90.260; and
(9) Damages, for noncompliance with a rental agreement or ORS
90.325, pursuant to ORS 90.400 (11) or as provided elsewhere in this
chapter. Title 10, Chap. 90, §90.140
Tenant or applicant who conducts repairs, routine
maintenance or cleaning
services not employee of landlord; restrictions.
(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 447.160. Title 10,
Chap. 90,
Delivery of possession.
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. Title 10, Chap. 90, §90.147
Landlord acts imply acceptance of tenant abandonment or
relinquishment of
right to occupy.
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. Title 10, Chap. 90, §90.148
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
Service or delivery of actual notice.
Where 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;
or
(4) Any other method reasonably calculated to achieve actual
receipt of notice, as agreed to and described in a written rental
agreement. Title 10, Chap. 90, §90.150
Service or delivery of written notice.
(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. Title 10, Chap. 90, §90.155
Calculation of notice periods.
(1) Notwithstanding ORCP 10 and not including the seven-day and
four-day waiting periods provided in ORS 90.400 (2), 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 90.400 (2) 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. Title 10, Chap. 90, §90.160
CONTENT OF AGREEMENTS
Terms and conditions of rental agreement; rent obligation
and payment.
(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 landlord shall provide the tenant with a copy of any
written rental agreement and all amendments and additions thereto.
(3) Notwithstanding ORS 90.245 (1), the parties to a rental
agreement to which ORS 90.100 to 90.450 apply may include in the
rental agreement a provision for informal dispute resolution.
(4) In absence of agreement, the tenant shall pay as rent the
fair rental value for the use and occupancy of the dwelling unit.
(5) 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 shall 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.
(6) 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. Title 10, Chap. 90,
§90.240
“Drug and alcohol free housing” and “program of
recovery” defined.
(1) “Drug and alcohol free housing” is a rental agreement
for a dwelling in which:
(a) Each of the dwelling units on the premises is 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:
(A) A drug and alcohol free environment, covering all
tenants, employees, staff, agents of the landlord and guests;
(B) An employee who monitors the tenants for compliance with
the requirements of 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 is in writing and includes the
following provisions:
(A) That the tenant shall not use, possess or share alcohol,
illegal drugs, controlled substances or prescription drugs without a
medical prescription, either on or off the premises;
(B) That the tenant shall 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;
(C) That the tenant shall participate in a program of
recovery, which specific program is described in the rental
agreement;
(D) 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;
(E) That the landlord has the right to require the tenant to
take a urine analysis test regarding drug or alcohol usage, at the
landlord's discretion and expense; and
(F) That the landlord has the right to terminate the tenant's
tenancy in the drug and alcohol free housing for noncompliance with
the requirements of this paragraph, pursuant to ORS 90.400 (1) and
(9) or 90.630.
(2) 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. Title 10, Chap. 90, §90.243
Prohibited provisions in rental agreements; remedy.
(1) A rental agreement may not provide that the tenant:
(a) Agrees to waive or forego 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.
Title 10, Chap. 90, §90.245
Receipt of rent without obligation to maintain premises
prohibited.
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. Title 10, Chap.
90, §90.250
Attorney fees.
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. Title 10, Chap. 90, §90.255
Late rent payment charge or fee; restrictions;
calculation.
(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 shall 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 shall 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 pursuant to ORS 90.400 (2).
(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 shall not constitute
grounds for termination of a rental agreement for nonpayment of rent
pursuant to ORS 90.400 (2), but shall constitute grounds for
termination of a rental agreement for cause pursuant to ORS 90.400
(1) or 90.630 (1). A landlord may note the imposition of a late
charge on a notice of nonpayment of rent pursuant to ORS 90.400 (2),
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. Title 10, Chap.
90, §90.260
Use and occupancy rules and regulations; adoption;
enforceability; restrictions.
(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
659.033.
(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. Title 10, Chap. 90, §90.262
Vehicle tags.
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. Title
10, Chap. 90, §90.263
Note: 90.263 becomes operative September 1, 2000. See
section 3, chapter 397, Oregon Laws 1999.
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.
Interest in alternative energy device installed by tenant.
(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 90.400 (11).
(4) As used in this section, “alternative energy device”
has the meaning given that term in ORS 469.160. Title 10, Chap. 90,
§90.265
FEES AND DEPOSITS
Applicant screening charge; limitations; notice upon
denial of tenancy; refund;
remedies.
(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. Title 10, Chap.
90, §90.295
Prohibition on charging deposit or fee to enter rental
agreement; exceptions;
deposit allowed for securing execution of rental agreement;
remedy.
(1) Except as provided in ORS 90.295 and in this section, a
landlord shall 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. Proof of timely compliance with this
requirement shall include a postmark.
(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. Title
10, Chap. 90, §90.297
Security deposits; deposit changes; last month's rent;
prepaid rent; accounting.
(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 security deposit or prepaid rent shall not 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 shall 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 90.400 (2);
(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. Proof of
timely compliance with this requirement shall include a postmark.
(13) 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.
(14) This section does not preclude the landlord or tenant
from recovering other damages under this chapter. Title 10, Chap.
90, §90.300
Fees allowed for certain landlord expenses; accounting not
required.
(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 shall 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 shall not be excessive.
(4) A landlord shall 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 shall not constitute grounds for
termination of a rental agreement for nonpayment of rent pursuant to
ORS 90.400 (2), but shall constitute grounds for termination of a
rental agreement for cause pursuant to ORS 90.400 (1) or 90.630 (1).
(6) This section shall not apply to attorney fees awarded
pursuant to ORS 90.255 or to applicant screening charges paid
pursuant to ORS 90.295. Title 10, Chap. 90, §90.302
Note: Section 15, chapter 577, Oregon Laws 1997,
provides:
Sec. 15. The amendments to ORS 90.302, 90.315 (4) and 90.510 (8)
by sections 14, 16 and 26 of this Act apply only to tenancies,
whether periodic or fixed term, that are entered into on or after
October 1, 1997, or are extended or renewed after that date.
LANDLORD RIGHTS AND OBLIGATIONS
Disclosure of certain matters; retention of rental
agreement; inspection of
agreement.
(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
90.240 (2). Title 10, Chap. 90, §90.305
Disclosure of legal proceedings; tenant remedies for
failure to disclose; liability
of manager.
(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. Title 10, Chap. 90,
§90.310
Utility or service payments; additional charges;
responsibility for utility or
service; remedies.
(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 shall 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, shall not
be considered to be rent or a fee. Nonpayment of a utility or
service charge shall not constitute grounds for termination of a
rental agreement for nonpayment of rent pursuant to ORS 90.400 (2),
but shall constitute grounds for termination of a rental agreement
for cause pursuant to ORS 90.400 (1).
(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 shall 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 shall 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. Title 10, Chap. 90, §90.315
Note: See note under 90.302.
Criteria for landlord provision of certain recycling
services.
(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. Title 10, Chap. 90, §90.318
Landlord to maintain premises in habitable condition;
agreement with tenant to
maintain premises.
(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. Title 10, Chap. 90, §90.320
Landlord or agent access to premises; manner of entry;
denial of entry; remedies.
(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 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) 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 shall 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 pursuant to ORS 90.400 (1) and take
possession in the manner 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. Title 10, Chap. 90, §90.322 TENANT
OBLIGATIONS
Tenant duties.
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. Title 10, Chap.
90, §90.325
§90.330
§90.335
Occupancy of premises as dwelling unit only; notice of tenant
absence. 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. Title 10,
Chap. 90, §90.340
TENANT REMEDIES
Effect of landlord noncompliance with rental agreement or
obligation to maintain
premises; generally.
(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. Title 10, Chap. 90, §90.360
Failure of landlord to supply essential services;
remedies.
(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. Title 10,
Chap. 90, §90.365
Tenant counterclaims in action by landlord for possession
or rent.
(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). Title 10,
Chap. 90, §90.370
Effect of unlawful ouster or exclusion; willful diminution
of services.
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. Title 10,
Chap. 90, §90.375
Effect of rental of dwelling in violation of building or
housing codes; remedy.
(1) If a governmental agency has posted a dwelling as unlawful
to occupy due to the existence of conditions that violate state or
local law and materially affect health or safety, a landlord shall
not enter into a rental agreement for the dwelling unit until the
conditions leading to the posting are corrected.
(2) If a landlord knowingly violates subsection (1) of this
section, 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 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 rental agreement to recover damages under this section.
(3) If, after a landlord and a tenant have entered into a
rental agreement, a governmental agency posts a dwelling as 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.
(4) If the tenancy is terminated, as a result of conditions
as described in subsections (1) and (3) of this section, within 14
days of the 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.
(5) If conditions at premises which existed at the outset of
the tenancy and which 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.
(6)
(a) A landlord shall return the money due the tenant under
subsections (4) and (5) of this section either by making the money
available to the tenant at the landlord's customary place of
business or by mailing the money by first class mail to the tenant.
The money shall be returned within 14 days if the tenancy is
terminated under subsection (2) or (3) of this section or within
four days if the tenancy is terminated under subsection (5) of this
section.
(b) The tenant has the option of choosing the method for
return of any money due under this section. If the 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 tenant's last-known address and mailed within the relevant
period (four or 14 days) following the tenant's notice.
(7) If the landlord fails to comply with subsection (6) of
this section, the tenant may recover the money due in an amount
equal to twice the amount due. Title 10, Chap. 90, §90.380
Retaliatory conduct by landlord prohibited; tenant
remedies and defenses;
action for possession in certain cases.
(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). Title 10, Chap. 90, §90.385
Discrimination against tenant or applicant; tenant
defense.
(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, 659.033 and 659.430.
(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 landlord may not discriminate against an applicant
because the applicant was in fact a defendant in an action for
possession pursuant to ORS 105.105 to 105.168 that prior to the
application was dismissed in favor of the defendant or that resulted
in final judgment for the defendant. If the landlord knowingly acts
in violation of this subsection, the applicant may recover actual
damages or $200, whichever is greater. Title 10, Chap. 90, §90.390
LANDLORD REMEDIES
Effect of tenant noncompliance with rental agreement or
failure to maintain premises; failure to pay rent; damage to persons
or property.
(1)
(a) Except as provided in this chapter, if there is a material
noncompliance by the tenant with the rental agreement, a
noncompliance with ORS 90.325 materially affecting health and
safety, a material noncompliance with a rental agreement regarding a
program of recovery in drug and alcohol free housing or a failure to
pay a late charge pursuant to ORS 90.260 or a utility or service
charge pursuant to ORS 90.315 (4), the landlord may deliver a
written notice to the tenant terminating the tenancy for cause as
provided in this subsection. The notice shall specify the acts and
omissions constituting the breach and shall state that the rental
agreement will terminate upon a date not less than 30 days after
delivery of the notice. If the breach is remediable by repairs,
payment of damages, payment of a late charge or utility or service
charge, change in conduct or otherwise, the notice shall also state
that the tenant can avoid termination by remedying the breach within
14 days.
(b) If the breach is not remedied in 14 days, the rental
agreement shall terminate as provided in the notice subject to
paragraphs (c) and (d) of this subsection.
(c) If the tenant adequately remedies the breach before the
date for remedying the breach as specified in the notice, the rental
agreement shall not terminate.
(d) If substantially the same act or omission that
constituted a prior noncompliance of which notice was given pursuant
to paragraph (a) of this subsection recurs within six months after
the date specified in that notice as the date for remedying the
prior noncompliance, 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.
(e) In the case of a week-to-week tenancy, the notice periods
in:
(A) Paragraph (a) of this subsection shall be changed from 30
days to seven days and from 14 days to four days;
(B) Paragraph (b) of this subsection shall be changed from 14
days to four days; and
(C) Paragraph (d) of this subsection shall be changed from 10
days to four days.
(f) This subsection does not apply to a tenancy governed by
ORS 90.505 to 90.840.
(2) The landlord may immediately terminate the rental
agreement for nonpayment of rent and take possession of the dwelling
unit in the manner provided in ORS 105.105 to 105.168 after written
notice, as follows:
(a) In the case of 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.
(b) In the case of all other 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) If a written rental agreement so provides, 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.
(c) The notices described in this subsection shall also
specify the date and time by which the tenant must pay the rent to
cure the nonpayment of rent.
(d) Payment by a tenant who has received a nonpayment of rent
notice under this subsection is timely if mailed to the landlord
within the period of the notice unless:
(A) The nonpayment of rent notice is personally served on the
tenant;
(B) A written rental agreement and the nonpayment of rent
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.
(3) Except as provided in subsection (4) of this section, the
landlord, after at least 24 hours' written notice specifying the
acts and omissions constituting the cause and specifying the date
and time of the termination, may immediately terminate the rental
agreement and take possession in the manner 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 immediately to inflict personal
injury, or inflicts any substantial personal injury, upon the
landlord, the landlord's agent or other tenants;
(b) 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 or upon a
person other than the tenant on the premises with permission of the
landlord or another tenant;
(c) 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;
(d) The tenant has vacated the premises, the person in
possession is holding contrary to a written rental agreement that
prohibits subleasing the premises to another or allowing another
person to occupy the premises without the written permission of the
landlord, and the landlord has not knowingly accepted rent from the
person in possession; or
(e) 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. An act
that is “outrageous in the extreme” is an act not described in
paragraphs (a) to (c) 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. Such an act is more extreme or serious than an act that
warrants a 30-day termination under subsection (1) of this section.
An act that is “outrageous in the extreme” includes, but is 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 or delivery of a controlled substance, as
described in ORS 475.005 but not including delivery as described in
ORS 475.992 (2)(b);
(C) Intimidation, as described in ORS 166.155 and 166.165; or
(D) Burglary as described in ORS 164.215 and 164.225.
(4) If the cause for a termination notice given pursuant to
subsection (3)(a), (b), (c) or (e) 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 shall 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 in the manner provided in ORS 105.105
to 105.168. The tenant shall not have a right to cure this
subsequent violation.
(5) Someone is in the tenant's control, as that phrase is
used in subsection (3) of this section, when 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 (3)(a), (b), (c) and (e) of this section.
(6) The landlord's 24 hours' written notice given under
subsection (3)(d) of this section shall not be construed as an
admission by the landlord that the individual occupying the premises
is a lessee or sublessee of the landlord.
(7) With regard to “acts outrageous in the extreme” as
described in subsection (3)(e) of this section, an act can be proven
to be outrageous in the extreme even if it is one that does not
violate a criminal statute. In addition, notwithstanding the
reference in subsection (3) of this section to existing criminal
statutes, the landlord's standard of proof in an action for
possession under this subsection remains the civil standard, proof
by a preponderance of the evidence.
(8) If a good faith effort by a landlord to terminate a
tenancy pursuant to subsection (3)(e) of this section and to recover
possession of the rental unit pursuant to ORS 105.105 to 105.168
fails by decision of the court, the landlord shall 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.
(9) 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 as provided in this
subsection. The notice shall specify the acts constituting the drug
or alcohol violation and shall 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 shall 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. If the
tenant cures the violation within the 24-hour period, the rental
agreement shall not terminate. If the tenant does not cure the
violation within the 24-hour period, the rental agreement shall
terminate as provided in the notice. 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 shall not have a right to cure this subsequent
violation.
(10) Except as provided in this chapter, a landlord may
pursue any one or more of the remedies listed in this section,
simultaneously or sequentially.
(11) Except as provided in this chapter, the 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.
Title 10, Chap. 90, §90.400
§90.402 [1993 c.369 s.25; 1995 c.559 s.27; renumbered
90.160 in 1995]
Effect of tenant keeping unpermitted pet.
(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. Title 10, Chap. 90, §90.405
Effect of tenant failure to give notice of absence;
absence; abandonment.
(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. Title 10, Chap. 90, §90.410
Landlord waiver of right to terminate tenancy; exceptions.
(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
pursuant to ORS 90.400 (3).
(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) Prior to giving a nonpayment of rent termination notice
pursuant to ORS 90.400 (2), 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 90.400 (2)
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.
(6) A landlord who accepts partial rent under subsection (5)
of this section may proceed to serve a notice under ORS 90.400 (2)
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 90.400 (2) 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.
(7) After giving a nonpayment of rent termination notice
pursuant to ORS 90.400 (2), 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.
(8) A written agreement under subsection (7) of this section
may provide that the landlord may proceed to terminate the rental
agreement and take possession in the manner provided by ORS 105.105
to 105.168 without serving a new notice under ORS 90.400 (2) in the
event the tenant fails to pay the balance of the rent by a time
certain.
(9) 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.
(10) 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.
(11) A landlord who has served a notice of termination for
cause under ORS 90.400 (1), 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.
(12) A landlord who has served a notice of termination for
cause under ORS 90.400 (1), 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
90.400 (2).
(13) 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 shall not be considered to be partial
rent, as that term is used in this section.
(14) 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).
(15) 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. Title
10, Chap. 90, §90.415
Enforceability of landlord liens; distraint for rent
abolished.
(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. Title 10, Chap. 90, §90.420
Disposition of personal property abandoned by tenant;
notice.
(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) “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.
(f) “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 shall 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 elects to remove the personal property
pursuant to ORS 105.165.
(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 which shall 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 shall be by first class mail with
certificate of mailing.
(5) The notice required under subsection (3) of this section
shall 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 shall be stored on
the rented space;
(d) The tenant or any lienholder or owner, except as provided
by subsection (17) 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 (17) 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 shall
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 it 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 (17) 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 shall be:
(a) For abandoned recreational vehicles, manufactured
dwellings or floating homes, not less than 45 days after personal
delivery or first class mailing of the notice; or
(b) For all other abandoned personal property, not less than
five days after personal delivery or eight days after first class
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) Shall be 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 shall 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
next 15 days or, in the case of a recreational vehicle, manufactured
dwelling or floating home, 30 days, subject to subsection (17) 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 shall not operate to create or reinstate a
tenancy or create a waiver pursuant to ORS 90.415.
(9) Except as provided in subsections (17) to (19) 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 shall be 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 (12) 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 the certificate of
title and registration to 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 if
actually known to the landlord, the plate, registration or other
identification number as noted on the certificate of title;
(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 shall
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 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 (12) 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 $3,500 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 shall:
(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 79.5040 (3).
(b) If there is no buyer at a sale of a manufactured dwelling
or floating home, the personal property shall be considered to be
worth $3,500 or less, regardless of current market value, and the
landlord may destroy or otherwise dispose of the personal property.
(12)
(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 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 remaining proceeds shall be deposited with the county
treasurer of the county in which the sale occurred, and if not
claimed within three years shall revert to the general fund of the
county available for general purposes.
(13) The county tax collector shall cancel all unpaid
property taxes owed on a manufactured dwelling or floating home, as
provided under ORS 311.790, if:
(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; or
(c) The proceeds of a sale described under subsection (11) of
this section are insufficient to satisfy the unpaid property taxes
owed on the dwelling or home after distribution of the proceeds
pursuant to subsection (12) of this section.
(14) The landlord shall not be 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 shall be liable for
twice the actual damages sustained by the tenant, lienholder or
owner.
(15) 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.
(16) If a landlord does not comply with this section:
(a) The tenant shall be 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.
(17) 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 shall also apply to any
lienholder except that the lienholder shall 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 has waived the tenant's 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.
(18) 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 (21)(d) and (e) of this section, if a
lienholder makes a timely response to a notice of abandoned personal
property and so requests, a landlord shall enter into a written
agreement with the lienholder providing that the dwelling or home
shall not be sold or disposed of by the landlord for up to 12
months, so long as the lienholder makes timely periodic payment of
all future storage charges as provided by subsection (7)(d) of this
section and maintains the dwelling or home and the rented space on
which it is stored. The lienholder's right to such an agreement
shall arise 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.
(19) During the term of an agreement described under
subsection (18) of this section, the lienholder shall have the right
to remove or sell the property, subject to the provisions of its
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 storage charges and maintenance
costs. If the lienholder violates the agreement, the landlord may
terminate it upon 90 days' written notice 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 shall terminate as provided and the landlord may sell or
dispose of the dwelling or home without further notice to the
lienholder.
(20) Upon termination of an agreement described under
subsection (18) of this section, 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.
(21) 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, the provisions of subsections (1) to
(20), (23), (24) and (26) of this section shall apply, except as
follows:
(a) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned dwelling or home 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
shall 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
shall refer to any personal representative or designated person,
instead of the deceased tenant, and shall 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 agreement with the
representative or person providing that the dwelling or home shall
not be sold or disposed of by the landlord for up to 90 days or
until conclusion of any probate proceedings, whichever is later, so
long as the representative or person makes timely periodic payment
of all future storage charges as provided by subsection (7)(d) of
this section and maintains the dwelling or home and the rented space
on which it is stored. If such an agreement is entered, the landlord
shall not enter a similar agreement with a lienholder pursuant to
subsection (18) of this section until the agreement with the
personal representative or designated person ends.
(e) During the term of an agreement described under paragraph
(d) of this subsection, the representative or person shall have 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 storage charges and maintenance costs. If the
representative or person violates the agreement, the landlord may
terminate it upon 30 days' written notice 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 shall terminate as
provided and the landlord may sell or dispose of the dwelling or
home without further notice to the representative or person.
(22) Upon termination of an agreement described under
subsection (21)(d) of this section, 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.
(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 shall 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) Except for personal property that is subject to
subsection (21) of this section, 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
landlord and the tenant and, in the case of a recreational vehicle,
manufactured dwelling or floating home, any lienholder and owner so
agree in a writing entered into in good faith. A landlord shall not,
as part of a rental agreement, require a tenant 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 shall not
have a lien pursuant to ORS 87.152 for storing the personal
property. Title 10, Chap. 90, §90.425
§90.426 [1995 c.758 s.3; repealed by 1997 c.577 s.50]
Termination of periodic tenancies; landlord remedies for
tenant holdover.
(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
90.240 (5) 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. Title
10, Chap. 90, §90.427
Termination of tenancy for certain rented spaces not
covered by ORS 90.505 to
90.840.
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 90.400 only by delivering a
written notice of termination to the tenant not less than 180 days
before the termination date designated in that notice. Title 10,
Chap. 90, §90.429
Claims for possession, rent, damages after termination of
rental agreement.
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. Title 10, Chap. 90, §90.430
Limitation on recovery of possession of premises.
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, relinquishment
or as permitted in this chapter. Title 10, Chap. 90, §90.435
MISCELLANEOUS
Right of city to recover from owner for costs of
relocating tenant due to condemnation; defense.
(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. Title 10, Chap 90, §90.450
Termination by tenant due to service with Armed Forces.
(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.
Title 10, Chap. 90, §90.475
[1999 c.276 s.2]
Note: Section 3, chapter 276, Oregon Laws 1999,
provides:
Sec. 3. Section 2 of this 1999 Act [90.475] applies to rental
agreements entered into, extended or renewed on or after the
effective date of this 1999 Act [June 18, 1999]. [1999 c.276 s.3]
§90.500 [Formerly 91.868; 1991 c.844 s.4; 1993 c.580 s.2;
repealed by 1995 c.559 s.58]
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