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 4103
 
                         House Bill 3440
 
Sponsored by Representative BARNHART (at the request of David
  Hinkley)
 
 
                             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.
 
  Prohibits landlord from refusing to rent dwelling unit or
charging excessive fee or deposit based on person's use or
possession of companion animal. Provides cause of action for
violation.
 
                        A BILL FOR AN ACT
Relating to companion animals; creating new provisions; and
  amending ORS 90.300 and 90.405.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Companion animal' means a dog or cat possessed by a person
for purposes of companionship, security or providing assistance
in relation to a physical disability.
  (b) 'Dwelling unit' has the meaning given that term in ORS
90.100.
  (c) 'Landlord' has the meaning given that term in ORS 90.100.
  (2) A landlord may not refuse to rent a dwelling unit to a
person on the basis of the person's use or possession of a
companion animal.
  (3) A person has a cause of action to recover compensatory
damages or $200, whichever is greater, from a landlord who
refuses to rent a dwelling unit, or charges additional rent, on
the basis of the person's use or possession of a companion
animal. The court may award reasonable attorney fees to the
prevailing party in an action under this section.
  (4) A landlord may not require a person to pay an additional
nonrefundable fee or an excessive deposit for keeping a companion
animal.
  (5) A person is liable for damages done to a dwelling unit by a
companion animal. + }
  SECTION 2. ORS 90.300 is amended to read:
  90.300. (1) As used in this section, 'security deposit '
includes any last month's rent deposit.
  (2) Except as otherwise provided in this section, a landlord
may require the payment of a security deposit. A security deposit
or prepaid rent shall be held by the landlord for the tenant who
is a party to the rental agreement. The claim of a tenant to the
security deposit or prepaid rent shall be prior to the claim of
any creditor of the landlord, including a trustee in bankruptcy.
The holder of the landlord's interest in the premises at the time
of termination of the tenancy is responsible to the tenant for
any security deposit or prepaid rent and is bound by this
section.
  (3)(a) A landlord may not change the rental agreement to
require the payment of a new or increased security deposit during
the first year after the tenancy has begun, except that an
additional deposit may be required if the landlord and tenant
agree to modify the terms and conditions of the rental agreement
to permit a pet or for other cause and the additional deposit
relates to that modification. This paragraph does not prevent the
collection of a security deposit that was provided for under an
initial rental agreement but remained unpaid at the time the
tenancy began. { +  This paragraph does not apply to an animal
described in ORS 346.610 to 346.630 or 346.680 to 346.690 or
section 1 of this 2001 Act. + }
  (b) If a landlord requires a new or increased security deposit
after the first year of the tenancy, the landlord shall allow the
tenant at least three months to pay that deposit.
  (4) The landlord may claim all or part of the security deposit
only if the security deposit was made for any or all of the
purposes provided by subsection (5) of this section.
  (5) The landlord may claim from the security deposit only the
amount reasonably necessary:
  (a) To remedy the tenant's defaults in the performance of the
rental agreement including, but not limited to, unpaid rent; and
  (b) To repair damages to the premises caused by the tenant, not
including ordinary wear and tear.
  (6) A security deposit or prepaid rent shall not be required or
forfeited to the landlord upon the failure of the tenant to
maintain a tenancy for a minimum number of months in a
month-to-month tenancy.
  (7) Any last month's rent deposit shall be applied to the rent
due for the last month of the tenancy:
  (a) Upon either the landlord or tenant giving to the other a
notice of termination, pursuant to this chapter, other than a
notice of termination under ORS 90.400 (2);
  (b) Upon agreement by the landlord and tenant to terminate the
tenancy; or
  (c) Upon termination pursuant to the provisions of a written
rental agreement for a term tenancy.
  (8) Any portion of a last month's rent deposit not applied as
provided under subsection (7) of this section shall be accounted
for and refunded as provided under subsections (10) to (12) of
this section. Unless the tenant and landlord agree otherwise, a
last month's rent deposit shall not be applied to rent due for
any period other than the last month of the tenancy. A last
month's rent deposit shall not operate to limit the amount of
rent charged unless a written rental agreement provides
otherwise.
  (9) Upon termination of the tenancy, a landlord shall account
for and refund to the tenant the unused balance of any prepaid
rent not previously refunded to the tenant as required by ORS
90.380 and 105.120 (4)(b) or any other provision of this chapter,
in the same manner as required for security deposits by this
section. The landlord may claim from the remaining prepaid rent
only the amount reasonably necessary to pay the tenant's unpaid
rent.
  (10) In order to claim all or part of any prepaid rent or
security deposit, within 31 days after the termination of the
tenancy and delivery of possession the landlord shall give to the
tenant a written accounting that states specifically the basis or
bases of the claim. The landlord shall give a separate accounting
for security deposits and for prepaid rent.
  (11) The security deposit or prepaid rent or portion thereof
not claimed in the manner provided by subsections (9) and (10) of
this section shall be returned to the tenant not later than 31
days after the termination of the tenancy and delivery of
possession to the landlord.
  (12) The landlord shall give the written accounting as required
by subsection (10) of this section or shall return the security
deposit or prepaid rent as required by subsection (11) of this
section by personal delivery or by first class mail. Proof of
timely compliance with this requirement shall include a postmark.
  (13) If the landlord fails to comply with subsection (11) of
this section or if the landlord in bad faith fails to return all
or any portion of any prepaid rent or security deposit due to the
tenant under this chapter or the rental agreement, the tenant may
recover the money due in an amount equal to twice the amount:
  (a) Withheld without a written accounting under subsection (10)
of this section; or
  (b) Withheld in bad faith.
  (14) This section does not preclude the landlord or tenant from
recovering other damages under this chapter.
  SECTION 3. ORS 90.405 is amended to read:
  90.405. (1) If the tenant, in violation of the rental
agreement, keeps on the premises a pet capable of causing damage
to persons or property, the landlord may deliver a written notice
specifying the violation and stating that the tenancy will
terminate upon a date not less than 10 days after the delivery of
the notice unless the tenant removes the pet from the premises
prior to the termination date specified in the notice. If the pet
is not removed by the date specified, the tenancy shall terminate
and the landlord may take possession in the manner provided in
ORS 105.105 to 105.168.
  (2) For purposes of this section, 'a pet capable of causing
damage to persons or property' means an animal that, because of
the nature, size or behavioral characteristics of that particular
animal or of that breed or type of animal generally, a reasonable
person might consider to be capable of causing personal injury or
property damage, including but not limited to, water damage from
medium or larger sized fish tanks or other personal injury or
property damage arising from the environment in which the animal
is kept. { +  'A pet capable of causing damage to persons or
property' does not include an animal described in ORS 346.610 to
346.630 or 346.680 to 346.690 or section 1 of this 2001 Act. + }
  (3) If substantially the same act that constituted a prior
noncompliance of which notice was given under subsection (1) of
this section recurs within six months, the landlord may terminate
the rental agreement upon at least 10 days' written notice
specifying the breach and the date of termination of the rental
agreement.
  (4) This section shall not apply to any tenancy governed by ORS
90.505 to 90.840.
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