Chapter 91
Tenancy
CREATION AND TERMINATION
OF TENANCIES
When tenancy is deemed to exist.
A tenancy is deemed to exist under this chapter and ORS 105.115
and 105.120 when one has let real estate as a landlord to another.
[Amended by 1987 c.158 s.16] Chap. 91, §91.010
Tenancies classified.
Tenancies are as follows: Tenancy at sufferance, tenancy at
will, tenancy for years, tenancy from year to year, tenancy from
month to month, tenancy by entirety and tenancy for life. The times
and conditions of the holdings shall determine the nature and
character of the tenancy. [Amended by 1969 c.591 s.273] Chap.
91, §91.020
Tenancy by entirety or for life.
A tenancy by entirety and a tenancy for life shall be such as
now fixed and defined by the laws of the State of Oregon. [Amended
by 1969 c.591 s.274] Chap. 91, §91.030
Tenancy at sufferance.
One who comes into possession of the real estate of another
lawfully, but who holds over by wrong after the termination of the
term, is considered as a tenant at sufferance. No notice is required
to terminate a tenancy at sufferance. Chap. 91, §91.040
Tenancy at will.
One who enters into the possession of real estate with the
consent of the owners, under circumstances not showing an intention
to create a freehold interest, is considered a tenant at will. When
the rent reserved in the lease at will is payable at periods of less
than three months, a notice to terminate the tenancy is sufficient
if it is equal to the interval between the times of payment of rent.
The notice to terminate a tenancy at will is sufficient if given for
the prescribed period prior to the expiration of the period for
which, by the terms of the lease and holding, rents are to be paid.
Chap. 91, §91.050
Tenancy from year to year.
One who enters into the possession of real estate with the
consent of the owner, and no certain time is mentioned, but an
annual rent is reserved, is considered a tenant from year to year. A
notice to terminate a tenancy from year to year is sufficient if it
is given 60 days prior to the expiration of the period for which, by
the terms of the lease and holding, rents are to be paid.
Chap. 91, §91.060
Tenancy from month to month.
One who holds the lands or tenements of another, under the
demise of the other, and no certain time has been mentioned, but a
monthly rental has been reserved, is considered a tenant from month
to month. Except as otherwise provided by statute or agreement, such
tenancy may only be terminated by either the landlord or tenant
giving the other, at any time during the tenancy, not less than 30
days' notice in writing prior to the date designated in the notice
for the termination of the tenancy. The tenancy shall terminate on
the date designated and without regard to the expiration of the
period for which, by the terms of the tenancy and holding, rents are
to be paid. Chap. 91, §91.070
Termination when expiration of tenancy fixed by terms of
lease.
A tenant entering into the possession of real estate may, by the
terms of the lease, fix the date of expiration of the tenancy, and
when so fixed, no notice is required to render the holding of the
tenant wrongful and by force after the expiration of the term as
fixed by the lease. Chap. 91, §91.080
Termination of tenancy by failure to pay rent;
reinstatement.
The failure of a tenant to pay the rent reserved by the terms of
the lease for the period of 10 days, unless a different period is
stipulated in the lease, after it becomes due and payable, operates
to terminate the tenancy. No notice to quit or pay the rent is
required to render the holding of such tenant thereafter wrongful;
however, if the landlord, after such default in payment of rent,
accepts payment thereof, the lease is reinstated for the full period
fixed by its terms, subject to termination by subsequent defaults in
payment of rent. Chap. 91, §91.090
Waiver of notice.
Any person entering into the possession of real estate under
written lease, as the tenant of another, may, by the terms of the
lease of the person, waive the giving of any notice prescribed by
ORS 91.050 to 91.070. Chap. 91, §91.100
Notices to be in writing; how served.
All notices required by ORS 91.050 to 91.070 and by ORS 105.120,
must be in writing and must be served upon the tenant by being
delivered to the tenant in person or by being posted in a
conspicuous place on the leased premises in case of the absence of
the tenant, or by being left at the residence or place of abode.
Chap. 91, §91.110
Tenant not to deny landlord's title.
A tenant is not permitted to deny the title of the tenant's
landlord at the time of the commencement of the relation. [1981
c.892 s.85] Chap. 91, §91.115
Eviction of employee; notice required.
A landlord or employer of an employee of the landlord, as set
forth in ORS 90.110 (7), may only evict the employee pursuant to ORS
105.105 to 105.168 after 24 hours following written notice of the
termination of employment or as set forth in a written employment
contract, whichever is longer. This section does not create the
relationship of landlord and tenant between a landlord and such
employee. [1987 c.611 s.3; 1997 c.577 s.29] Chap. 91, §91.120
91.125 [1987 c.611 s.5; repealed by 1993 c.369 s.39]
RENT
Rents payable in advance unless otherwise agreed; demand
unnecessary.
Unless otherwise expressly provided by the lease or terms of
holding, all rents reserved under the lease or terms of holding are
due and payable in advance. The tenant shall pay or tender payment
thereof on or prior to the first day of the rent paying period
provided in the lease or by the terms of the holding, and no demand
therefor is necessary to render a tenant in default. Chap. 91,
§91.210
Tenant in possession liable for rent; remedies for
recovery.
(1) Every person in possession of land out of which any rent is
due, whether it was originally demised in fee, or for any other
estate of freehold, or for any term of years, is liable for the
amount or proportion of rent due from the land in possession of the
person, although it is only a part of what was originally demised.
(2) Such rent may be recovered in an action at law, and the
deed of demise, or other instrument in writing, if there is any,
showing the provisions of the lease, may be used in evidence by
either party to prove the amount due from the defendant.
(3) This section shall not deprive landlords of any other
legal remedy for the recovery of their rents, whether secured to
them by their leases or provided by law. Chap. 91, §91.220
Local rent control prohibited; exclusions; exceptions.
(1) The Legislative Assembly finds that there is a social and
economic need to insure an adequate supply of affordable housing for
Oregonians. The Legislative Assembly also finds that the imposition
of general restrictions on housing rents will disrupt an orderly
housing market, increase deferred maintenance of existing housing
stock, lead to abandonment of existing rental units and create a
property tax shift from rental-owned to owner-occupied housing.
Therefore, the Legislative Assembly declares that the imposition of
rent control on housing in the State of Oregon is a matter of
statewide concern.
(2) Except as provided in subsections (3) to (5) of this
section, a city or county shall not enact any ordinance or
resolution which controls the rent that may be charged for the
rental of any dwelling unit.
(3) This section does not impair the right of any state
agency, city, county or urban renewal agency as defined by ORS
457.035 to reserve to itself the right to approve rent increases,
establish base rents or establish limitations on rents on any
residential property for which it has entered into a contract under
which certain benefits are applied to the property for the expressed
purpose of providing reduced rents for low income tenants. Such
benefits include, but are not limited to, property tax exemptions,
long-term financing, rent subsidies, code enforcement procedures and
zoning density bonuses.
(4) Cities and counties are not prohibited from including in
condominium conversion ordinances a requirement that, during the
notification period specified in ORS 100.305, the owner or developer
may not raise the rents of any affected tenant except in a
proportional amount equal to the percentage increase in the All
Items Portland Consumer Price Index since the date of the last rent
increase for the dwelling unit then occupied by the affected tenant.
(5) Cities, counties and state agencies may impose temporary
rent controls when a natural or man-made disaster that materially
eliminates a significant portion of the rental housing supply
occurs, but must remove the controls when the rental housing supply
is restored to substantially normal levels.
(6) As used in this section, “dwelling unit” and
“rent” have the meaning given those terms in ORS 90.100.
(7) This section is applicable throughout this state and in
all cities and counties therein. The electors or the governing body
of a city or county shall not enact, and the governing body shall
not enforce, any ordinance, resolution or other regulation that is
inconsistent with this section. Chap. 91, §91.225 [1985
c.335 s.2]
EMBLEMENTS
Farm tenant's right to emblements.
When the leasing or occupation is for the purpose of farming or
agriculture, the tenant or person in possession shall, after the
termination of the lease or occupancy, have free access to the
premises to cultivate and harvest or gather any crop or produce of
the soil planted or sown by the tenant or person in possession
before the service of notice to quit. [Formerly 91.310] Chap.
91, §91.230
MATTERS RELATING TO GAMBLING LEASES
Gambling leases prohibited; status of rental contracts;
termination; recovery of possession.
(1) No person shall let or rent any house, room, shop or other
building, or any boat, booth, garden or other place, knowing or
having reason to believe it will be used for gambling purposes.
(2) All contracts for the rent of a room, building or place
in violation of subsection (1) of this section are void between the
parties.
(3) Any person letting or renting any room, building, or
place mentioned in subsection (1) of this section which is at any
time used by the lessee or occupant thereof, or any other person
with the knowledge or consent of the lessee or occupant, for
gambling purposes, upon discovery thereof, may avoid and terminate
such lease or contract of occupancy, and recover immediate
possession of such building or other place by an action at law for
that purpose to be brought before any justice of the peace of the
county in which the use is permitted. [Formerly 91.410] Chap.
91, §91.240
Penalty for letting or renting a place for gambling
purposes.
Violation of ORS 91.240 (1) results in a forfeiture of twice the
amount of the rent of such building or other place for six months to
be recovered by action at law instituted by the district attorney in
the name of the state. [Formerly 91.420] Chap. 91, §91.245
UTILITY CLAIMS
Transfer of claim; prohibition; limitations.
(1) As used in this section, “municipal utility” means any
city, county or district that provides or delivers electricity,
natural gas, domestic water, sewer service or garbage or refuse
service. A “municipal utility” does not include a people's
utility district.
(2) A utility company shall not transfer a claim against a
tenant to the owner of the real property without the written consent
of the owner.
(3) A municipal utility shall not transfer a claim against a
tenant to the owner of the real property unless the municipal
utility provided notice of the delinquent status to the tenant and
mailed a copy of the notice of delinquency by first class mail to
the last address of the owner or owner's agent that is on file with
the utility, within 30 days from the time the payment is due on the
account.
(4) A municipal utility shall not deny or shut off its
service to any subsequent tenant based on any lien for an unpaid
claim for services furnished to a previous tenant who has vacated
the premises unless the utility notified the owner or the owner's
agent of any delinquency by mailing a copy of the notice of
delinquency by first class mail to the last address of the owner or
owner's agent that is on file with the utility, at the time the
notice was sent to the previous tenant.
(5) A municipal utility may not provide service to a tenant
if the tenant has a previous unpaid bill with the municipal utility
unless that municipal utility and tenant agree to a plan for
repayment of unpaid utility bills.
(6) A municipal utility shall have the same policy regarding
the disconnection of services for nonpayment of an outstanding
amount for a single family residence occupied by a tenant and for a
single family residence occupied by the owner.
(7) A municipal utility shall provide information to the
owner or owner's agent regarding the status of a tenant's account
upon request, within a reasonable amount of time. If a request is
made verbally, the municipal utility shall provide the information
verbally. If a municipal utility discloses information under this
subsection, the municipal utility shall not be held responsible for
the disclosure of information to a person who is not an owner or
owner's agent.
(8) Subsections (5) and (6) of this section apply only if a
municipal utility intends to file a lien for unpaid utility services
or intends to deny service to a subsequent tenant based on a claim
for unpaid services to a previous tenant.
(9) Subsection (7) of this section applies only if a
municipal utility intends to file a lien for unpaid utility services
or intends to deny service to a subsequent tenant based on a claim
for unpaid services to a previous tenant.
(10) Nothing in this section creates, expands or abridges any
authority of a municipal utility to transfer a claim, based upon any
contract, ordinance or lien.
(11) Nothing in this section shall abridge any procedural due
process protections such as notice and hearing that a tenant or
subsequent tenant is entitled to under a contract, utility policy,
rule, statute or the state and federal Constitutions, prior to the
denial or shutoff of service. [1987 c.611 s.1; 1993 c.786 s.1]
Chap. 91, §91.255
Note: §91.255 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 91 or
any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation.
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