71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2330
 
                         House Bill 2755
 
Sponsored by COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC
  AFFAIRS (at the request of Manufactured Housing Communities of
  Oregon)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that landlord renting space for manufactured dwelling
or floating home may allow tenant noncompliance with rental
agreement in certain circumstances without waiving right to later
require compliance.
 
                        A BILL FOR AN ACT
Relating to landlord-tenant law; amending ORS 90.415.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 90.415 is amended to read:
  90.415. (1) Except as otherwise provided in this section, a
landlord waives the right to terminate a rental agreement for a
particular breach if the landlord:
  (a) During two or more separate rental periods, accepts rent
with knowledge of the default by the tenant; or
  (b) Accepts performance by a tenant that varies from the terms
of the rental agreement.
  (2) For purposes of subsection (1)(a) of this section, a
landlord has not accepted rent if within six days after receipt
of the rent payment, the landlord refunds the rent.
  (3) A landlord does not waive the right to terminate as
described in subsection (1)(a) of this section if the termination
is pursuant to ORS 90.400 (3).
  (4) A landlord does not waive the right to terminate as
described in subsection (1) of this section if { + :
  (a) + } The landlord and tenant agree otherwise after the
breach has occurred { + ; or
  (b) The landlord believes, in the landlord's sole discretion,
that the duty to repair a manufactured dwelling or floating home
that is in disrepair or deteriorated condition could impose a
serious hardship on the tenant and gives the tenant written
notice that timely compliance is not required. Unless the notice
to the tenant specifies a period of time, the landlord may revoke
permission for noncompliance upon giving the tenant at least 30
days' written notice. The landlord's acceptance of rent during
the period of noncompliance does not waive the right of the
landlord to later require repair pursuant to ORS 90.632 or to
require repair upon a sale, transfer or change in possession of
the manufactured dwelling or floating home. Permission for
noncompliance authorized by this paragraph is not binding on a
subsequent owner or transferee of the facility except as
specifically expressed in the landlord's written notice to the
tenant permitting noncompliance + }.
  (5) Prior to giving a nonpayment of rent termination notice
pursuant to ORS 90.400 (2), a landlord who accepts partial rent
for a rental period does not waive the right to terminate for
nonpayment if:
  (a) The landlord accepted the partial rent before the landlord
gave any notice of intent to terminate under ORS 90.400 (2) based
on the tenant's agreement to pay the balance by a time certain;
and
  (b) The tenant does not pay the balance of the rent as agreed.
  (6) A landlord who accepts partial rent under subsection (5) of
this section may proceed to serve a notice under ORS 90.400 (2)
to terminate the tenancy if the balance of the rent is not paid,
provided:
  (a) The notice is served no earlier than it would have been
permitted under ORS 90.400 (2) had no rent been accepted; and
  (b) The notice permits the tenant to avoid termination of the
tenancy for nonpayment of rent by paying the balance within 72
hours or 144 hours, as the case may be, or by any date to which
the parties agreed, whichever is later.
  (7) After giving a nonpayment of rent termination notice
pursuant to ORS 90.400 (2), a landlord who accepts partial rent
for a rental period does not waive the right to terminate for
nonpayment if the landlord and tenant agree in writing that the
acceptance does not constitute waiver.
  (8) A written agreement under subsection (7) of this section
may provide that the landlord may proceed to terminate the rental
agreement and take possession in the manner provided by ORS
105.105 to 105.168 without serving a new notice under ORS 90.400
(2) in the event the tenant fails to pay the balance of the rent
by a time certain.
  (9) A landlord's acceptance of partial rent for a rental period
does not waive the right to terminate the rental agreement if the
entire amount of the partial payment was from funds paid under
the United States Housing Act of 1937 (42 U.S.C. 1437f) or any
state low income rental housing fund administered by the Housing
and Community Services Department.
  (10) A landlord who accepts rent after the giving of a notice
of termination by the landlord or the tenant, other than a
nonpayment of rent notice, does not waive the right to terminate
on that notice if:
  (a) The landlord accepts rent prorated to the termination date
specified in the notice; or
  (b) Within six days after receipt of the rent payment, the
landlord refunds at least the unused balance of the rent prorated
for the period beyond the termination date.
  (11) A landlord who has served a notice of termination for
cause under ORS 90.400 (1), 90.630 or 90.632 does not waive the
right to terminate on that notice by accepting rent for the
rental period and beyond the period covered by the notice if
within six days after the end of the remedy or correction period
described in the applicable statute, the landlord refunds the
rent for the period beyond the termination date.
  (12) A landlord who has served a notice of termination for
cause under ORS 90.400 (1), 90.630 or 90.632 and who has
commenced proceedings under ORS 105.105 to 105.168 to recover
possession of the premises does not waive the right to terminate
on that notice:
  (a) By accepting rent for any period beyond the expiration of
the notice during which the tenant remains in possession
provided:
  (A) The landlord notifies the tenant in writing, in or after
the service of the notice of termination for cause, that
 
acceptance of rent while a termination action is pending will not
waive the right to terminate on that notice; and
  (B) The rent does not cover a period extending beyond the date
of its acceptance.
  (b) By serving a notice of nonpayment of rent under ORS 90.400
(2).
  (13) A landlord and tenant may by written agreement provide
that monthly rent shall be paid in regular installments of less
than a month pursuant to a schedule specified in the agreement.
Those installment rent payments shall not be considered to be
partial rent, as that term is used in this section.
  (14) Unless otherwise agreed, a landlord does not waive the
right to terminate as described in subsection (1) of this section
by accepting:
  (a) A last month's rent deposit collected at the beginning of
the tenancy, even if the deposit covers a period beyond a
termination date; or
  (b) Rent distributed pursuant to a court order releasing money
paid into court as provided by ORS 90.370 (1).
  (15) When a landlord must refund rent under this section, the
refund shall be made to the tenant or other payer by personal
delivery or first class mail and may be in the form of the
tenant's or other payer's check or any other form of check or
money.
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