TITLE 10
PROPERTY
RIGHTS AND TRANSACTIONS
Chapter 90. Residential Landlord and Tenant
91. Tenancy
92. Subdivisions and Partitions
93. Conveyancing
and Recording
94. Real Property Development
95. Fraudulent Transfers and Conveyances
96. Line and Partition Fences
97. Rights and Duties Relating to Cemeteries,
Human Bodies and Anatomical Gifts
98. Lost, Unclaimed or Abandoned Property;
Vehicle Towing
99. Property Removed by High Water
100. Condominiums
101. Continuing Care Retirement Communities
105. Property Rights
_______________
Chapter 90 — Residential
Landlord and Tenant
2011 EDITION
RESIDENTIAL LANDLORD AND TENANT
PROPERTY RIGHTS AND TRANSACTIONS
GENERAL PROVISIONS
90.100 Definitions
90.105 Short
title
90.110 Exclusions
from application of this chapter
90.113 Additional
exclusion from application of chapter
90.115 Territorial
application
90.120 Applicability
of other statutory lien, tenancy and rent provisions; applicability of ORS
90.100 to 90.465 and 90.505 to 90.840
90.125 Administration
of remedies; enforcement
90.130 Obligation
of good faith
90.135 Unconscionability
90.140 Types
of payments landlord may require or accept; written evidence of payment
90.145 Tenant
or applicant who conducts repairs, routine maintenance or cleaning services not
employee of landlord; restrictions
90.147 Delivery
of possession
90.148 Landlord
acts that imply acceptance of tenant abandonment or relinquishment of right to
occupy
SERVICE OR DELIVERY OF NOTICES
90.150 Service
or delivery of actual notice
90.155 Service
or delivery of written notice
90.160 Calculation
of notice periods
CONTENT OF AGREEMENTS
90.220 Terms
and conditions of rental agreement; smoking policy; rent obligation and payment
90.228 Notice
of location in 100-year flood plain
90.230 Rental
agreements for occupancy of recreational vehicle in park; remedy for
noncompliance; exception
90.243 Qualifications
for drug and alcohol free housing; “program of recovery” defined
90.245 Prohibited
provisions in rental agreements; remedy
90.250 Receipt
of rent without obligation to maintain premises prohibited
90.255 Attorney
fees
90.260 Late
rent payment charge or fee; restrictions; calculation
90.262 Use
and occupancy rules and regulations; adoption; enforceability; restrictions
90.263 Vehicle
tags
90.265 Interest
in alternative energy device installed by tenant
TEMPORARY OCCUPANCY AGREEMENT
90.275 Temporary
occupancy agreement; terms and conditions
FEES AND DEPOSITS
90.295 Applicant
screening charge; limitations; notice upon denial of tenancy; refund; remedy
90.297 Prohibition
on charging deposit or fee to enter rental agreement; exceptions; deposit
allowed for securing execution of rental agreement; remedy
90.300 Security
deposits; prepaid rent
90.302 Fees
allowed for certain landlord expenses; accounting not required
LANDLORD RIGHTS AND OBLIGATIONS
90.304 Statement
of reasons for denial; remedy for noncompliance
90.305 Disclosure
of certain matters; retention of rental agreement; inspection of agreement
90.310 Disclosure
of legal proceedings; tenant remedies for failure to disclose; liability of
manager
90.315 Utility
or service payments; additional charges; responsibility for utility or service;
remedies
90.316 Carbon
monoxide alarm
90.317 Repair
or replacement of carbon monoxide alarm
90.318 Criteria
for landlord provision of certain recycling services
90.320 Landlord
to maintain premises in habitable condition; agreement with tenant to maintain
premises
90.322 Landlord
or agent access to premises; remedies
TENANT OBLIGATIONS
90.325 Tenant
duties
90.340 Occupancy
of premises as dwelling unit only; notice of tenant absence
TENANT REMEDIES
90.360 Effect
of landlord noncompliance with rental agreement or obligation to maintain
premises; generally
90.365 Failure
of landlord to supply essential services; remedies
90.367 Application
of security deposit or prepaid rent after notice of foreclosure
90.368 Repair
of minor habitability defect
90.370 Tenant
counterclaims in action by landlord for possession or rent
90.375 Effect
of unlawful ouster or exclusion; willful diminution of services
90.380 Effect
of rental of dwelling in violation of building or housing codes; remedy
90.385 Retaliatory
conduct by landlord; tenant remedies and defenses; action for possession in
certain cases
90.390 Discrimination
against tenant or applicant; tenant defense
LANDLORD REMEDIES
90.392 Termination
of rental agreement by landlord for cause; tenant right to cure violation
90.394 Termination
of rental agreement for failure to pay rent
90.396 Acts
or omissions justifying termination 24 hours after notice
90.398 Termination
of rental agreement for drug or alcohol violations
90.401 Remedies
available to landlord
90.403 Taking
possession of premises from unauthorized possessor
90.405 Effect
of tenant keeping unpermitted pet
90.410 Effect
of tenant failure to give notice of absence; absence; abandonment
90.412 Waiver
of termination of tenancy
90.414 Acts
not constituting waiver of termination of tenancy; delivery of rent refund
90.417 Duty
to pay rent; effect of acceptance of partial rent
90.420 Enforceability
of landlord liens; distraint for rent abolished
90.425 Disposition
of personal property abandoned by tenant; notice; sale; limitation on landlord
liability; tax cancellation; storage agreements; hazardous property
90.427 Termination
of periodic tenancies; landlord remedies for tenant holdover
90.429 Termination
of tenancy for certain rented spaces not covered by ORS 90.505 to 90.840
90.430 Claims
for possession, rent, damages after termination of rental agreement
90.435 Limitation
on recovery of possession of premises
90.440 Termination
of tenancy in group recovery home; recovery of possession; damages
DOMESTIC VIOLENCE, SEXUAL ASSAULT OR
STALKING
90.445 Termination
of tenant committing criminal act of physical violence
90.449 Landlord
discrimination against victim; exception; tenant defenses and remedies
90.453 Termination
by tenant who is victim of domestic violence, sexual assault or stalking;
verification statement
90.456 Other
tenants remaining in dwelling unit following tenant termination or exclusion
due to domestic violence, sexual assault or stalking
90.459 Change
of locks at request of tenant who is victim of domestic violence, sexual
assault or stalking
MISCELLANEOUS
90.465 Right
of city to recover from owner for costs of relocating tenant due to
condemnation; defense
90.472 Termination
by tenant called into active state service by Governor
90.475 Termination
by tenant due to service with Armed Forces
90.485 Restrictions
on landlord removal of vehicle; exceptions
90.490 Prohibited
acts in anticipation of notice of conversion to condominium; damages
90.493 Prohibited
acts following notice of conversion to condominium; damages
MANUFACTURED DWELLING AND FLOATING HOME
SPACES
(General Provisions)
90.505 Definition
for ORS 90.505 to 90.840; application of statutes
90.510 Statement
of policy; rental agreement; rules and regulations; remedies
90.512 Definitions
for ORS 90.514 and 90.518
90.514 Disclosure
to prospective tenant of improvements required under rental agreement
90.516 Model
statement for disclosure of improvements required under rental agreement; rules
90.518 Provider
statement of estimated cost of improvements
90.525 Unreasonable
conditions of rental or occupancy prohibited
90.528 Use
of common areas or facilities
90.530 Pets
in facilities; rental agreements; violations
90.531 Definitions
for ORS 90.531 to 90.539
90.532 Billing
methods for utility or service charges; system maintenance; restriction on
charging for water
90.533 Conversion
of billing method for garbage collection and disposal
90.534 Allocated
charges for utility or service provided directly to space or common area
90.535 Additional
charge for cable, satellite or Internet services
90.536 Charges
for utilities or services measured by submeter
90.537 Conversion
of billing method for utility or service charges
90.538 Tenant
inspection of utility billing records
90.539 Entry
to read submeter
90.541 Legislative
findings
90.543 Utility
or service charge billing for large manufactured dwelling parks; water
conservation; tenant remedy
90.545 Fixed
term tenancy expiration; renewal or extension; new rental agreements; tenant
refusal of new rental agreement; written storage agreement upon termination of
tenancy
90.550 Permissible
forms of tenancy; minimum fixed term
90.555 Subleasing
agreements
(Landlord and Tenant Relations)
90.600 Increases
in rent; notice; meeting with tenants; effect of failure to meet
90.605 Persons
authorized to receive notice and demands on landlord’s behalf; written notice
to change designated person
90.610 Informal
dispute resolution; notice of proposed change in rule or regulation; objection
to change by tenant
90.620 Termination
by tenant; notice to landlord
90.630 Termination
by landlord; causes; notice; cure; repeated nonpayment of rent
90.632 Termination
of tenancy due to physical condition of manufactured dwelling or floating home;
correction of condition by tenant
90.634 Prohibition
against lien for rent; action for possession; disposition of dwelling or home;
disposition of goods
90.643 Conversion
of manufactured dwelling park to planned community subdivision of manufactured
dwellings
90.645 Closure
of manufactured dwelling park; notices; payments to tenants
90.650 Notice
of tax provisions to tenants of closing manufactured dwelling park; rules
90.655 Park
closure notice to nontenants; report of tenant
reactions
90.660 Local
regulation of park closures
90.671 Closure
of marina; notices; payments to tenants; rules
(Ownership Change)
90.675 Disposition
of manufactured dwelling or floating home left in facility; notice; sale;
limitation on landlord liability; tax cancellation; storage agreements;
hazardous property
90.680 Sale
of dwelling or home on rented space; duties and rights of seller, prospective
purchaser and landlord
(Actions)
90.710 Causes
of action; limit on cause of action of tenant; attorney fees
90.720 Action
to enjoin violation of ORS 90.750 or 90.755
(Landlord Rights and Obligations)
90.725 Landlord
or agent access to rented space; remedies
90.730 Landlord
duty to maintain rented space, vacant spaces and common areas in habitable
condition
90.732 Landlord
registration; registration fee
90.734 Manager
or owner continuing education requirements
90.736 Civil
penalties
90.738 Enforcement
of registration and education requirements; advisory committee; rules
(Tenant Rights and Obligations)
90.740 Tenant
obligations
90.750 Right
to assemble or canvass in facility; limitations
90.755 Right
to speak on political issues; limitations; placement of political signs
90.760 Notice
to tenants’ association when park becomes subject to listing agreement
90.765 Prohibitions
on retaliatory conduct by landlord
90.771 Confidentiality
of information regarding disputes
90.775 Rules
(Facility Purchase by Tenants)
90.800 Policy
90.810 Association
notification of possible sale of facility
90.815 Incorporation
of facility purchase association
90.820 Facility
purchase by tenants’ association or nonprofit corporation; procedures
90.830 Facility
owner affidavit of compliance with procedures
90.840 Park
purchase funds, loans
(Dealer Sales of Manufactured Dwellings)
90.860 Definitions
for ORS 90.865 to 90.875
90.865 Dealer
notice of rent payments and financing
90.870 Manner
of giving notice; persons entitled to notice
90.875 Remedy
for failure to give notice
GENERAL PROVISIONS
90.100 Definitions.
As used in this chapter, unless the context otherwise requires:
(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” includes 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)
“Carbon monoxide alarm” has the meaning given that term in ORS 105.836.
(6)
“Carbon monoxide source” has the meaning given that term in ORS 105.836.
(7)
“Conduct” means the commission of an act or the failure to act.
(8)
“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.
(9)
“Domestic violence” means:
(a)
Abuse between family or household members, as those terms are defined in ORS
107.705; or
(b)
Abuse, as defined in ORS 107.705, between partners in a dating relationship.
(10)
“Drug and alcohol free housing” means a dwelling unit described in ORS 90.243.
(11)
“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.
(12)
“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.
(13)
“Facility” means a manufactured dwelling park or a marina.
(14)
“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.
(15)
“Fee” means a nonrefundable payment of money.
(16)
“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.
(17)
“Fixed term tenancy” means a tenancy that has a fixed term of existence,
continuing to a specific ending date and terminating on that date without
requiring further notice to effect the termination.
(18)
“Floating home” has the meaning given that term in ORS 830.700. “Floating home”
includes an accessory building or structure.
(19)
“Good faith” means honesty in fact in the conduct of the transaction concerned.
(20)
“Hotel or motel” means “hotel” as that term is defined in ORS 699.005.
(21)
“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.
(22)
“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.
(23)
“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.
(24)
“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.
(25)
“Manufactured dwelling” means a residential trailer, a mobile home or a
manufactured home as those terms are defined in ORS 446.003. “Manufactured
dwelling” includes an accessory building or structure. “Manufactured dwelling”
does not include a recreational vehicle.
(26)
“Manufactured dwelling park” means 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 charge or fee.
(27)
“Marina” means 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 charge or fee.
(28)
“Month-to-month tenancy” means a tenancy that automatically renews and
continues for successive monthly periods on the same terms and conditions
originally agreed to, or as revised by the parties, until terminated by one or
both of the parties.
(29)
“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.
(30)
“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.
(31)
“Person” includes an individual or organization.
(32)
“Premises” means:
(a)
A dwelling unit and the structure of which it is a part and facilities and appurtenances
therein;
(b)
Grounds, areas and facilities held out for the use of tenants generally or the
use of which is promised to the tenant; and
(c)
A facility for manufactured dwellings or floating homes.
(33)
“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.
(34)
“Recreational vehicle” has the meaning given that term in ORS 446.003.
(35)
“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 90.532.
(36)
“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.
(37)
“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.
(38)
“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.
(39)
“Security deposit” means a 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. “Security deposit” does not
include a fee.
(40)
“Sexual assault” has the meaning given that term in ORS 147.450.
(41)
“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 (7).
(42)
“Stalking” means the behavior described in ORS 163.732.
(43)
“Statement of policy” means the summary explanation of information and facility
policies to be provided to prospective and existing tenants under ORS 90.510.
(44)
“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.
(45)
“Tenant”:
(a)
Except as provided in paragraph (b) of this subsection:
(A)
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.
(B)
Means a minor, as defined and provided for in ORS 109.697.
(b)
For purposes of ORS 90.505 to 90.840, means 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.
(c)
Does not mean a guest or temporary occupant.
(46)
“Transient lodging” means a room or a suite of rooms.
(47)
“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.
(48)
“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.
(49)
“Victim” means:
(a)
The person against whom an incident related to domestic violence, sexual
assault or stalking is perpetrated; or
(b)
The parent or guardian of a minor household member against whom an incident
related to domestic violence, sexual assault or stalking is perpetrated, unless
the parent or guardian is the perpetrator.
(50)
“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. [Formerly
91.705; 1991 c.844 §3; 1993 c.369
§1; 1995 c.324 §1; 1995 c.559
§1; 1997 c.577 §1; 1999 c.676
§§7,7a; 2001 c.596 §27;
2003 c.378 §8; 2005 c.22 §57;
2005 c.41 §1; 2005 c.619 §15;
2007 c.508 §7; 2007 c.906 §6;
2009 c.431 §7; 2009 c.816 §16;
2011 c.42 §11]
90.105 Short title.
This chapter shall be known and may be cited as the “Residential Landlord and
Tenant Act.” [Formerly 91.700]
90.110 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 of a dwelling unit for no more than 90 days by a purchaser prior to
the scheduled closing of a real estate sale or by a seller following the
closing of a sale, in either case as permitted under the terms of an agreement
for sale of a dwelling unit or the property of which it is a part. The
occupancy by a purchaser or seller described in this subsection may be
terminated only pursuant to ORS 91.130. A tenant who holds but has not
exercised an option to purchase the dwelling unit is not a purchaser for
purposes of this subsection.
(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. [Formerly 91.710; 1993 c.369
§2; 1997 c.577 §2; 1999 c.603
§6; 2001 c.596 §28]
90.113 Additional exclusion from
application of chapter. Residence in a licensed program,
facility or home described in ORS 430.306 to 430.375, 430.380, 430.385,
430.395, 430.397 to 430.401, 430.405 to 430.565, 430.570, 430.590, 443.400 to
443.455, 443.705 to 443.825 or 443.835 is not governed by this chapter. [2007 c.715 §2; 2009 c.595 §58]
90.115 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. [Formerly 91.715]
90.120 Applicability of other statutory
lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.465 and
90.505 to 90.840. (1) The provisions of ORS 87.152
to 87.212, 91.010 to 91.110, 91.130, 91.210 and 91.220 do not apply to the
rights and obligations of landlords and tenants governed by this chapter.
(2)
Any provisions of this chapter that reasonably apply only to the structure that
is used as a home, residence or sleeping place do not apply to a manufactured
dwelling, recreational 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)
Except as provided in subsection (4) of this section, the space is in a
facility.
(4)
ORS 90.512, 90.514, 90.516 and 90.518 apply to a converted rental space as
defined in ORS 90.512 regardless of whether the converted rental space is in a
facility.
(5)
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 90.465. 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. [Formerly 91.720; 1991 c.844 §28; 1995 c.559 §5; 1997 c.577 §2a; 1999 c.676 §8; 2005 c.41 §2]
90.125 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. [Formerly
91.725]
90.130 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. [Formerly
91.730]
90.135 Unconscionability.
(1) If the court, as a matter of law, finds:
(a)
A rental agreement or any provision thereof was unconscionable when made, the
court may refuse to enforce the agreement, enforce the remainder of the
agreement without the unconscionable provision, or limit the application of any
unconscionable provision to avoid an unconscionable result; or
(b)
A settlement in which a party waives or agrees to forgo a claim or right under
this chapter or under a rental agreement was unconscionable when made, the
court may refuse to enforce the settlement, enforce the remainder of the
settlement without the unconscionable provision, or limit the application of
any unconscionable provision to avoid an unconscionable result.
(2)
If unconscionability is put into issue by a party or
by the court upon its own motion the parties shall be afforded a reasonable
opportunity to present evidence as to the setting, purpose and effect of the
rental agreement or settlement to aid the court in making the determination. [Formerly
91.735]
90.140 Types of payments landlord may
require or accept; written evidence of payment.
(1) A landlord may require or accept the following types of payments:
(a)
Applicant screening charges, pursuant to ORS 90.295;
(b)
Deposits to secure the execution of a rental agreement, pursuant to ORS 90.297;
(c)
Security deposits, pursuant to ORS 90.300;
(d)
Fees, pursuant to ORS 90.302;
(e)
Rent, as defined in ORS 90.100;
(f)
Prepaid rent, as defined in ORS 90.100;
(g)
Utility or service charges, pursuant to ORS 90.315 (4), 90.534 or 90.536;
(h)
Late charges or fees, pursuant to ORS 90.260; and
(i) Damages, for noncompliance with a rental agreement or
ORS 90.325, under ORS 90.401 or as provided elsewhere in this chapter.
(2)
A tenant who requests a writing that evidences the tenant’s payment is entitled
to receive that writing from the landlord as a condition for making the
payment. The writing may be a receipt, statement of the tenant’s account or
other acknowledgment of the tenant’s payment. The writing must include the
amount paid, the date of payment and information identifying the landlord or
the rental property. If the tenant makes the payment by mail, deposit or a
method other than in person and requests the writing, the landlord shall within
a reasonable time provide the tenant with the writing in a manner consistent
with ORS 90.150. [1997 c.577 §4; 1999 c.603 §7; 2001 c.596 §29; 2005 c.22 §58; 2005 c.391 §13; 2005 c.619 §16]
90.145 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 is not an
employee of the landlord.
(2)
A tenant or an applicant described in subsection (1) of this section may not
conduct electrical or plumbing installation, maintenance or repair unless
properly licensed under ORS 479.510 to 479.945 or ORS chapter 693. The tenant
or applicant is not required to obtain a plumbing contractor license under ORS
447.040 to perform work under this section.
(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 electrical or plumbing installation, maintenance or repair work performed
by a tenant or an applicant under this section must comply with ORS 447.010 to
447.156 and 479.510 to 479.945. [1995 c.773 §2; 1999 c.676 §9; 2005 c.758 §6]
90.147 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.
[1995 c.559 §9; 1999 c.603 §8]
90.148 Landlord acts that 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. [1999
c.603 §2]
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
90.150 Service or delivery of actual
notice. When 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.
(4)
Any other method reasonably calculated to achieve actual receipt of notice, as
agreed to and described in a written rental agreement. [1995 c.559 §3; 1997 c.577 §5; 1999 c.603 §9; 2003 c.14 §33]
90.155 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.
(4)
Notwithstanding ORS 90.510 (4), after 30 days’ written notice, a landlord may
unilaterally amend a rental agreement for a manufactured dwelling or floating
home that is subject to ORS 90.505 to 90.840 to provide for service or delivery
of written notices by mail and attachment service as provided by subsection
(1)(c) of this section. [Formerly 90.910; 1997 c.577 §6;
2001 c.596 §29a]
90.160 Calculation of notice periods.
(1) Notwithstanding ORCP 10 and not including the
seven-day and four-day waiting periods provided in ORS 90.394, 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 90.394 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. [Formerly 90.402; 1997 c.577
§7; 2005 c.391 §14]
CONTENT OF AGREEMENTS
90.220 Terms and conditions of rental
agreement; smoking policy; 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 terms of a fixed term tenancy, including the amount of rent, may not be
unilaterally amended by the landlord or tenant.
(3)
The landlord shall provide the tenant with a copy of any written rental
agreement and all amendments and additions thereto.
(4)
Except as provided in this subsection, the rental agreement must include a
disclosure of the smoking policy for the premises that complies with ORS 479.305.
A disclosure of smoking policy is not required in a rental agreement subject to
ORS 90.505 to 90.840 for space in a facility as defined in ORS 90.100.
(5)
Notwithstanding ORS 90.245 (1), the parties to a rental agreement to which ORS
90.100 to 90.465 apply may include in the rental agreement a provision for
informal dispute resolution.
(6)
In absence of agreement, the tenant shall pay as rent the fair rental value for
the use and occupancy of the dwelling unit.
(7)
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 may 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.
(8)
Except as provided by ORS 90.427 (7), 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. [Formerly 90.240; 2009 c.127 §3;
2009 c.431 §10; 2011 c.42 §1]
90.228 Notice of location in 100-year flood
plain. (1) As used in this section, “100-year
flood plain” means the level that flood waters may be expected to equal or
exceed once each 100 years, as determined by the National Flood Insurance
Program of the Federal Emergency Management Agency.
(2)
If a dwelling unit is located in a 100-year flood plain, the landlord shall
provide notice in the dwelling unit rental agreement that the dwelling unit is
located within the flood plain.
(3)
If a landlord fails to provide a notice required under this section, and the
tenant of the dwelling unit suffers an uninsured loss due to flooding, the
tenant may recover from the landlord the lesser of the actual damages for the
uninsured loss or two months’ rent. [2009 c.306 §2]
Note: 90.228
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.
90.230 Rental agreements for occupancy of
recreational vehicle in park; remedy for noncompliance; exception.
(1) If a tenancy is for the occupancy of a recreational vehicle in a
manufactured dwelling park, mobile home park or recreational vehicle park, all
as defined in ORS 197.492, the landlord shall provide a written rental
agreement for a month-to-month, week-to-week or fixed-term tenancy. The rental
agreement must state:
(a)
If applicable, that the tenancy may be terminated by the landlord under ORS
90.427 without cause upon 30 or 60 days’ written notice for a month-to-month
tenancy or upon 10 days’ written notice for a week-to-week tenancy.
(b)
That any accessory building or structure paid for or provided by the tenant
belongs to the tenant and is subject to a demand by the landlord that the
tenant remove the building or structure upon termination of the tenancy.
(c)
That the tenancy is subject to the requirements of ORS 197.493 (1) for exemption
from placement and occupancy restrictions.
(2)
If a tenant described in subsection (1) of this section moves following
termination of the tenancy by the landlord under ORS 90.427, and the landlord
failed to provide the required written rental agreement before the beginning of
the tenancy, the tenant may recover the tenant’s actual damages or twice the
periodic rent, whichever is greater.
(3)
If the occupancy fails at any time to comply with the requirements of ORS
197.493 (1) for exemption from placement and occupancy restrictions, and a
state agency or local government requires the tenant to move as a result of the
noncompliance, the tenant may recover the tenant’s actual damages or twice the
periodic rent, whichever is greater. This subsection does not apply if the
noncompliance was caused by the tenant.
(4)
This section does not apply to a vacation occupancy. [2005 c.619
§14; 2011 c.42 §1a]
90.240
[Formerly 91.740; 1993 c.369 §3; 1995 c.559 §6; 1997 c.577 §8; 1999 c.603 §10; 2003 c.378 §9;
renumbered 90.220 in 2005]
90.243 Qualifications for drug and alcohol
free housing; “program of recovery” defined. (1) A
dwelling unit qualifies as drug and alcohol free housing if:
(a)(A)
For premises consisting of more than eight dwelling units, the dwelling unit is
one of at least eight contiguous dwelling units on the premises that are
designated by the landlord as drug and alcohol free housing dwelling units and
that are each occupied or held for occupancy by at least one tenant who is a
recovering alcoholic or drug addict and is participating in a program of
recovery; or
(B)
For premises consisting of eight or fewer dwelling units, the dwelling unit is
one of at least four contiguous dwelling units on the premises that are
designated by the landlord as drug and alcohol free housing dwelling units and
that are each occupied or held for occupancy by at least one 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 for the designated drug and alcohol free housing dwelling
units:
(A)
A drug and alcohol free environment, covering all tenants, employees, staff,
agents of the landlord and guests;
(B)
Monitoring of the tenants for compliance with the requirements described in
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 for the designated drug and alcohol free housing dwelling
unit is in writing and includes the following provisions:
(A)
That the dwelling unit is designated by the landlord as a drug and alcohol free
housing dwelling unit;
(B)
That the tenant may not use, possess or share alcohol, illegal drugs,
controlled substances or prescription drugs without a medical prescription,
either on or off the premises;
(C)
That the tenant may 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;
(D)
That the tenant shall participate in a program of recovery, which specific
program is described in the rental agreement;
(E)
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;
(F)
That the landlord has the right to require the tenant to take a test for drug
or alcohol usage promptly and at the landlord’s discretion and expense; and
(G)
That the landlord has the right to terminate the tenant’s tenancy in the drug
and alcohol free housing under ORS 90.392, 90.398 or 90.630 for noncompliance
with the requirements described in this paragraph.
(2)
A dwelling unit qualifies as drug and alcohol free housing despite the premises
not having the minimum number of qualified dwelling units required by
subsection (1)(a) of this section if:
(a)
The premises are occupied but have not previously qualified as drug and alcohol
free housing;
(b)
The landlord designates certain dwelling units on the premises as drug and
alcohol free dwelling units;
(c)
The number of designated drug and alcohol free housing dwelling units meets the
requirement of subsection (1)(a) of this section;
(d)
When each designated dwelling unit becomes vacant, the landlord rents that
dwelling unit to, or holds that dwelling unit for occupancy by, at least one
tenant who is a recovering alcoholic or drug addict and is participating in a
program of recovery and the landlord meets the other requirements of subsection
(1) of this section; and
(e)
The dwelling unit is one of the designated drug and alcohol free housing
dwelling units.
(3)
The failure by a tenant to take a test for drug or alcohol usage as requested
by the landlord pursuant to subsection (1)(d)(F) of this section may be
considered evidence of drug or alcohol use.
(4)
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. [1995 c.559 §7; 1997 c.577
§9; 1999 c.603 §11; 2003 c.378
§10; 2005 c.22 §59; 2005 c.391
§15]
90.245 Prohibited provisions in rental
agreements; remedy. (1) A rental agreement may not
provide that the tenant:
(a)
Agrees to waive or forgo rights or remedies under this chapter;
(b)
Authorizes any person to confess judgment on a claim arising out of the rental
agreement;
(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; or
(d)
Agrees to pay liquidated damages, except as allowed under ORS 90.302 (2)(e).
(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. [Formerly
91.745; 2009 c.431 §11]
90.250 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. [Formerly 91.750; 1999 c.676 §10]
90.255 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. [Formerly 91.755]
90.260 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 may 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 may 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 under ORS 90.394.
(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 is not grounds for termination of a rental
agreement for nonpayment of rent under ORS 90.394, but is grounds for
termination of a rental agreement for cause under ORS 90.392 or 90.630 (1). A
landlord may note the imposition of a late charge on a nonpayment of rent
termination notice under ORS 90.394, 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. [1989 c.506 §15; 1995 c.559 §8; 1997 c.249 §30; 1997 c.577 §9a; 1999 c.603 §12; 2005 c.391 §16; 2007 c.906 §32a]
90.262 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 659A.421.
(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. [Formerly 90.330]
90.263 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. [1999 c.397
§2]
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.
90.265 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 90.401.
(4)
As used in this section, “alternative energy device” has the meaning given that
term in ORS 469B.100. [Formerly 91.757; 1993 c.369 §32; 1995 c.559 §57; 1997 c.577 §10; 1999 c.603 §13; 2005 c.22 §60; 2005 c.391 §17]
TEMPORARY OCCUPANCY AGREEMENT
90.275 Temporary occupancy agreement;
terms and conditions. (1) As provided under this
section, a landlord may allow an individual to become a temporary occupant of
the tenant’s dwelling unit as a guest of the tenant. To create a temporary
occupancy, the landlord, tenant and proposed temporary occupant must enter into
a written temporary occupancy agreement that describes the temporary occupancy
relationship.
(2)
The temporary occupant:
(a)
Is not a tenant entitled to occupy the dwelling unit to the exclusion of
others; and
(b)
Does not have the rights of a tenant.
(3)
The temporary occupancy agreement may be terminated by:
(a)
The tenant without cause at any time; and
(b)
The landlord only for cause that is a material violation of the temporary
occupancy agreement.
(4)
The temporary occupant does not have a right to cure a violation that causes a
landlord to terminate the temporary occupancy agreement.
(5)
Before entering into a temporary occupancy agreement, a landlord may screen the
proposed temporary occupant for issues regarding conduct or for a criminal
record. The landlord may not screen the proposed temporary occupant for credit
history or income level.
(6)
A temporary occupancy agreement:
(a)
Shall expressly include the requirements of subsections (2) to (4) of this
section;
(b)
May provide that the temporary occupant is required to comply with any
applicable rules for the premises; and
(c)
May have a specific ending date.
(7)
The landlord, tenant and temporary occupant may extend or renew a temporary
occupancy agreement or may enter into a new temporary occupancy agreement.
(8)
A landlord or tenant is not required to give the temporary occupant written
notice of the termination of a temporary occupancy agreement.
(9)
The temporary occupant shall promptly vacate the dwelling unit if a landlord
terminates a temporary occupancy agreement for material violation of the
temporary occupancy agreement or if the temporary occupancy agreement ends by
its terms. Except as provided in ORS 90.449, the landlord may terminate the
tenancy of the tenant as provided under ORS 90.392 or 90.630 if the temporary
occupant fails to promptly vacate the dwelling unit or if the tenant materially
violates the temporary occupancy agreement.
(10)
A temporary occupant shall be treated as a squatter if the temporary occupant
continues to occupy the dwelling unit after a tenancy has ended or after the
tenant revokes permission for the occupancy by terminating the temporary
occupancy agreement.
(11)(a)
A landlord may not enter into a temporary occupancy agreement for the purpose
of evading landlord responsibilities under this chapter or to diminish the
rights of an applicant or tenant under this chapter.
(b)
A tenant may not become a temporary occupant in the tenant’s own dwelling unit.
(c)
A tenancy may not consist solely of a temporary occupancy. Each tenancy must
have at least one tenant. [2009 c.431 §6 and 2009 c.816 §15]
FEES AND DEPOSITS
90.295 Applicant screening charge;
limitations; notice upon denial of tenancy; refund; remedy.
(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;
(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; and
(d)
Gives written notice to the applicant of the amount of rent the landlord will
charge and the deposits the landlord will require, subject to change in the
rent or deposits by agreement of the landlord and the tenant before entering
into a rental agreement.
(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 twice the amount of any applicant
screening charge paid, plus $150, 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. [1993 c.369 §26; 1995 c.559 §10; 1997 c.577 §11; 1999 c.603 §14; 2011 c.42 §2]
90.297 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 may not charge a deposit
or fee, however designated, to an applicant who has applied to a landlord to
enter a rental agreement for a dwelling unit.
(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:
(a)
The amount of rent and the fees the landlord will charge and the deposits the
landlord will require; and
(b)
The terms of the agreement to execute a rental agreement and the conditions for
refunding or retaining the deposit.
(3)
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.
(4)
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.
(5)
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.
(6)
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 $150. [1995 c.559 §11; 2001 c.596 §30; 2011 c.42 §3]
90.300 Security deposits; prepaid rent.
(1) As used in this section, “security deposit” includes any last month’s rent
deposit.
(2)(a)
Except as otherwise provided in this section, a landlord may require a tenant
to pay a security deposit. The landlord shall provide the tenant with a receipt
for any security deposit the tenant pays. The landlord shall hold a security
deposit or prepaid rent for the tenant who is a party to the rental agreement.
A tenant’s claim to the security deposit or prepaid rent is prior to the claim
of a creditor of the landlord, including a trustee in bankruptcy.
(b)
Except as provided in ORS 86.755 (10), the holder of the landlord’s interest in
the premises at the time the tenancy terminates is responsible to the tenant
for any security deposit or prepaid rent and is bound by this section.
(3)
A written rental agreement, if any, must list a security deposit paid by a
tenant or required by a landlord.
(4)
A landlord may not charge a tenant a pet security deposit for keeping a service
animal or companion animal that a tenant with a disability requires as a
reasonable accommodation under fair housing laws.
(5)(a)
Except as otherwise provided in this subsection, a landlord may not change the
rental agreement to require the tenant to pay a new or increased security
deposit during the first year after the tenancy has begun. Subject to
subsection (4) of this section, the landlord may require an additional deposit
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 the modification. This paragraph does not prevent a landlord from
collecting a security deposit that an initial rental agreement provided for but
that 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 the new or increased deposit.
(6)
The landlord may claim all or part of the security deposit only if the landlord
required the security deposit for any or all of the purposes specified in
subsection (7) of this section.
(7)(a)
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.
(b)
A landlord is not required to repair damage caused by the tenant in order for
the landlord to claim against the deposit for the cost to make the repair. Any
labor costs the landlord assesses under this subsection for cleaning or repairs
must be based on a reasonable hourly rate. The landlord may charge a reasonable
hourly rate for the landlord’s own performance of cleaning or repair work.
(c)
Defaults and damages for which a landlord may recover under this subsection
include, but are not limited to:
(A)
Carpet cleaning, other than the use of a common vacuum cleaner, if:
(i) The cleaning is performed by use of a machine
specifically designed for cleaning or shampooing carpets;
(ii)
The carpet was cleaned immediately before the tenant took possession; and
(iii)
The written rental agreement provides that the landlord may deduct the cost of
carpet cleaning regardless of whether the tenant cleans the carpet before the
tenant delivers possession as described in ORS 90.147.
(B)
Loss of use of the dwelling unit during the performance of necessary cleaning
or repairs, if the cleaning or repairs are performed in a timely manner.
(8)
A landlord may not require a tenant to pay or to forfeit a security deposit or
prepaid rent to the landlord for the tenant’s failure to maintain a tenancy for
a minimum number of months in a month-to-month tenancy.
(9)
The landlord must apply any last month’s rent deposit to the rent due for the
last month of the tenancy:
(a)
When either the landlord or the tenant gives to the other a notice of
termination, pursuant to this chapter, other than a notice of termination under
ORS 90.394;
(b)
When the landlord and tenant agree to terminate the tenancy; or
(c)
When the tenancy terminates in accordance with the provisions of a written
rental agreement for a term tenancy.
(10)
A landlord shall account for and refund as provided in subsections (12) to (14)
of this section any portion of a last month’s rent deposit the landlord does
not apply as provided under subsection (9) of this section. Unless the tenant
and landlord agree otherwise, the tenant may not require the landlord to apply
a last month’s rent deposit to rent due for any period other than the last
month of the tenancy. A last month’s rent deposit does not limit the amount of
rent charged unless a written rental agreement provides otherwise.
(11)
When the tenancy terminates, a landlord shall account for and refund to the
tenant, in the same manner this section requires for security deposits, the
unused balance of any prepaid rent the landlord has not previously refunded to
the tenant under ORS 90.380 and 105.120 (5)(b) or any other provision of this
chapter. The landlord may claim from the remaining prepaid rent only the amount
reasonably necessary to pay the tenant’s unpaid rent.
(12)
In order to claim all or part of any prepaid rent or security deposit, within
31 days after the tenancy terminates and the tenant delivers 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.
(13)
The landlord shall return to the tenant the security deposit or prepaid rent or
the portion of the security deposit or prepaid rent that the landlord does not
claim in the manner provided by subsections (11) and (12) of this section not
later than 31 days after the tenancy terminates and the tenant delivers
possession to the landlord.
(14)
The landlord shall give the written accounting required under subsection (12)
of this section or shall return the security deposit or prepaid rent as
required by subsection (13) of this section by personal delivery or by first
class mail.
(15)
If a security deposit or prepaid rent secures a tenancy for a space for a
manufactured dwelling or floating home the tenant owns and occupies, whether or
not in a facility, and the dwelling or home is abandoned as described in ORS
90.425 (2) or 90.675 (2), the 31-day period described in subsections (12) and
(13) of this section commences on the earliest of:
(a)
Waiver of the abandoned property process under ORS 90.425 (26) or 90.675 (22);
(b)
Removal of the manufactured dwelling or floating home from the rented space;
(c)
Destruction or other disposition of the manufactured dwelling or floating home
under ORS 90.425 (10)(b) or 90.675 (10)(b); or
(d)
Sale of the manufactured dwelling or floating home pursuant to ORS 90.425
(10)(a) or 90.675 (10)(a).
(16)
If the landlord fails to comply with subsection (13) 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 (12) of this section; or
(b)
Withheld in bad faith.
(17)(a)
A security deposit or prepaid rent in the possession of the landlord is not garnishable property, as provided in ORS 18.618.
(b)
If a landlord delivers a security deposit or prepaid rent to a garnishor in violation of ORS 18.618 (1)(b), the landlord
that delivered the security deposit or prepaid rent to the garnishor
shall allow the tenant at least 30 days after a copy of the garnishee response
required by ORS 18.680 is delivered to the tenant under ORS 18.690 to restore
the security deposit or prepaid rent. If the tenant fails to restore a security
deposit or prepaid rent under the provisions of this paragraph before the
tenancy terminates, and the landlord retains no security deposit or prepaid
rent from the tenant after the garnishment, the landlord is not required to
refund or account for the security deposit or prepaid rent under subsection
(11) of this section.
(18)
This section does not preclude the landlord or tenant from recovering other
damages under this chapter. [Formerly 91.760; 1993 c.369
§4; 1995 c.559 §12; 1997 c.577
§13; 1999 c.603 §15; 2001 c.596
§31; 2003 c.658 §3; 2005 c.391
§3; 2007 c.496 §7; 2007 c.906
§37; 2009 c.431 §12; 2010 c.28
§5; 2011 c.42 §4; 2011 c.510
§5]
90.302 Fees allowed for certain landlord
expenses; accounting not required. (1) A
landlord may not charge a fee at the beginning of the tenancy for an
anticipated landlord expense and may not require the payment of any fee except
as provided in this section. A fee must be described in a written rental
agreement.
(2)
A landlord may charge a tenant a fee for each occurrence of the following:
(a)
A late rent payment, pursuant to ORS 90.260.
(b)
A dishonored check, pursuant to ORS 30.701 (5). The amount of the fee may not
exceed the amount described in ORS 30.701 (5) plus any amount that a bank has
charged the landlord for processing the dishonored check.
(c)
Removal or tampering with a properly functioning smoke alarm, smoke detector or
carbon monoxide alarm, as provided in ORS 90.325 (2).
(d)
The violation of a written pet agreement or of a rule relating to pets in a
facility, pursuant to ORS 90.530.
(e)
The abandonment or relinquishment of a dwelling unit during a fixed term
tenancy without cause. The fee may not exceed one and one-half times the
monthly rent. A landlord may not assess a fee under this paragraph if the
abandonment or relinquishment is pursuant to ORS 90.453 (2), 90.472 or 90.475.
If the landlord assesses a fee under this paragraph:
(A)
The landlord may not recover unpaid rent for any period of the fixed term
tenancy beyond the date that the landlord knew or reasonably should have known
of the abandonment or relinquishment;
(B)
The landlord may not recover damages related to the cost of renting the
dwelling unit to a new tenant; and
(C)
ORS 90.410 (3) does not apply to the abandonment or relinquishment.
(f)
Noncompliance with written rules or policies. The fee may not exceed $50. A fee
may be assessed under this paragraph only for the following types of
noncompliance:
(A)
The late payment of a utility or service charge that the tenant owes the
landlord as described in ORS 90.315.
(B)
Failure to clean up pet waste from a part of the premises other than the
dwelling unit.
(C)
Failure to clean up garbage, rubbish and other waste from a part of the
premises other than the dwelling unit.
(D)
Parking violations.
(E)
The improper use of vehicles within the premises.
(3)
A landlord may not be required to account for or return to the tenant any fee.
(4)
Except as provided in subsection (2)(e) of this section, a landlord may not
charge a tenant any form of liquidated damages, however designated.
(5)
Nonpayment of a fee is not grounds for termination of a rental agreement for
nonpayment of rent under ORS 90.394, but is grounds for termination of a rental
agreement for cause under ORS 90.392 or 90.630 (1).
(6)
This section does not apply to:
(a)
Attorney fees awarded pursuant to ORS 90.255;
(b)
Applicant screening charges paid pursuant to ORS 90.295; or
(c)
Charges for improvements or other actions that are requested by the tenant and
are not required of the landlord by the rental agreement or by law. [1995 c.559 §13; 1997 c.577 §14; 1999 c.307 §19; 1999 c.603 §16; 2005 c.391 §18; 2009 c.431 §13; 2009 c.591 §11]
LANDLORD RIGHTS AND OBLIGATIONS
90.304 Statement of reasons for denial;
remedy for noncompliance. (1) If a landlord requires an
applicant to pay an applicant screening charge and the application is denied,
or if an applicant makes a written request following the landlord’s denial of
an application, the landlord must promptly provide the applicant with a written
statement of one or more reasons for the denial.
(2)
The landlord’s statement of reasons for denial required by subsection (1) of
this section may consist of a form with one or more reasons checked off. The
reasons may include, but are not limited to, the following:
(a)
Rental information, including:
(A)
Negative or insufficient reports from references or other sources.
(B)
An unacceptable or insufficient rental history, such as the lack of a reference
from a prior landlord.
(C)
A prior action for possession under ORS 105.105 to 105.168 that resulted in a
general judgment for the plaintiff or an action for possession that has not yet
resulted in dismissal or general judgment.
(D)
Inability to verify information regarding a rental history.
(b)
Criminal records, including:
(A)
An unacceptable criminal history.
(B)
Inability to verify information regarding criminal history.
(c)
Financial information, including:
(A)
Insufficient income.
(B)
Negative information provided by a consumer credit reporting agency.
(C)
Inability to verify information regarding credit history.
(d)
Failure to meet other written screening or admission criteria.
(e)
The dwelling unit has already been rented.
(3)
If a landlord fails to comply with this section, the applicant may recover from
the landlord $100. [2005 c.391 §31]
90.305 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 90.220 (3). [Formerly 91.765;
1993 c.369 §5; 1999 c.603 §17;
2003 c.378 §11]
90.310 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. [Formerly
91.766; 1997 c.249 §31]
90.315 Utility or service payments;
additional charges; responsibility for utility or service; remedies.
(1) As used in this section:
(a)
“Sewer service” includes storm water service and wastewater service.
(b)
“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 services, 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)
Except as provided in this paragraph, a utility or service charge may only
include the cost of the utility or service as billed to the landlord by the
provider. A landlord may add an additional amount to a utility or service
charge billed to the tenant if:
(A)
The utility or service charge to which the additional amount is added is for
cable television, direct satellite or other video subscription services or for
Internet access or usage;
(B)
The additional amount is not more than 10 percent of the utility or service
charge billed to the tenant;
(C)
The total of the utility or service charge and the additional amount is less
than the typical periodic cost the tenant would incur if the tenant contracted
directly with the provider for the cable television, direct satellite or other
video subscription services or for Internet access or usage;
(D)
The written rental agreement providing for the utility or service charge
describes the additional amount separately and distinctly from the utility or
service charge; and
(E)
Any billing or notice from the landlord regarding the utility or service charge
lists the additional amount separately and distinctly from the utility or
service charge.
(c)
A landlord may not require a tenant to agree to the amendment of an existing
rental agreement, and may not terminate a tenant for refusing to agree to the
amendment of a rental agreement, if the amendment would obligate the tenant to
pay an additional amount for cable television, direct satellite or other video
subscription services or for Internet access or usage as provided under
paragraph (b) of this subsection.
(d)
A utility or service charge, including any additional amount added pursuant to
paragraph (b) of this subsection, is not rent or a fee. Nonpayment of a utility
or service charge is not grounds for termination of a rental agreement for
nonpayment of rent under ORS 90.394 but is grounds for termination of a rental
agreement for cause under ORS 90.392.
(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 does 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 does 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. [Formerly 91.767; 1993 c.786 §2;
1995 c.559 §14; 1997 c.577 §16;
1999 c.603 §18; 2005 c.391 §19;
2009 c.816 §4a; 2011 c.503 §7]
90.316 Carbon monoxide alarm.
(1) Unless a dwelling unit contains one or more properly functioning carbon
monoxide alarms installed in compliance with State Fire Marshal rules and with
any applicable requirements of the state building code when a tenant takes
possession of the dwelling unit, a landlord may not enter into a rental
agreement creating a new tenancy in the dwelling unit if the dwelling unit:
(a)
Contains a carbon monoxide source; or
(b)
Is located within a structure that contains a carbon monoxide source and the
dwelling unit is connected to the room in which the carbon monoxide source is
located by a door, ductwork or a ventilation shaft.
(2)
The landlord shall provide a new tenant with alarm testing instructions as
described in ORS 90.317.
(3)
If a carbon monoxide alarm is battery-operated or has a battery-operated backup
system, the landlord shall supply working batteries for the alarm at the
beginning of a new tenancy. [2009 c.591 §10; 2011 c.42 §5]
Note: See 105.844.
90.317 Repair or replacement of carbon
monoxide alarm. (1) A landlord shall ensure that
a dwelling unit has one or more carbon monoxide alarms installed in compliance
with State Fire Marshal rules and the state building code if the dwelling unit:
(a)
Contains a carbon monoxide source; or
(b)
Is located within a structure that contains a carbon monoxide source and the
dwelling unit is connected to the room in which the carbon monoxide source is
located by a door, ductwork or a ventilation shaft.
(2)
The landlord shall provide the tenant of the dwelling unit with a written
notice containing instructions for testing of the alarms. The landlord shall
provide the written notice to the tenant no later than at the time that the
tenant first takes possession of the premises.
(3)
If the landlord receives written notice from the tenant of a deficiency in a
carbon monoxide alarm, other than dead batteries, the landlord shall repair or
replace the alarm.
(4)
Supplying and maintaining a carbon monoxide alarm required under this section
is a habitable condition requirement under ORS 90.320. [2009 c.591 §5; 2011 c.42 §7]
Note: 90.317
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.
Note: See
105.844.
90.318 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. [1991 c.385
§16]
90.320 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 that conform to applicable law in effect at the time of
installation, and maintained in good working order;