71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 194
LC 1959/SB 194-1
SENATE AMENDMENTS TO
SENATE BILL 194
By COMMITTEE ON BUSINESS, LABOR, AND ECONOMIC DEVELOPMENT
April 6
In line 2 of the printed bill, after the semicolon delete the
rest of the line and insert 'creating new provisions; amending
ORS 21.325, 23.164, 23.445, 90.110, 90.140, 90.297, 90.300,
90.380, 90.400, 90.630, 90.632, 91.120, 105.112, 105.115 and
105.165; and repealing ORS 105.125, 105.147 and 105.154.'.
Delete lines 4 through 26 and insert:
' { + SECTION 1. + } { + Section 2 of this 2001 Act is added
to and made a part of ORS 91.010 to 91.110. + }
' { + SECTION 2. + } { + A dwelling unit purchaser or seller
described in ORS 90.110 (2) may be evicted pursuant to ORS
105.105 to 105.168 only after at least 24 hours' written notice
of the termination of the occupancy or a notice period set forth
in a written agreement of sale, whichever is longer. This section
does not create the relationship of landlord and tenant between
the seller and purchaser. + }
' { + SECTION 3. + } { + ORS 105.125 is repealed and
sections 4 to 6 of this 2001 Act are enacted in lieu thereof. + }
' { + SECTION 4. + } { + (1) In an action pursuant to ORS
105.110, it is sufficient to state in the complaint:
' (a) A description of the premises with convenient certainty;
' (b) That the defendant is in possession of the premises;
' (c) That the defendant entered upon the premises with force
or unlawfully holds the premises with force; and
' (d) That the plaintiff is entitled to the possession of the
premises.
' (2) The plaintiff may include, at the plaintiff's option, the
defendant's Social Security number in the complaint for the
purpose of accuracy in tenant screening information. This
subsection does not require a tenant to have a Social Security
number in order to enter into a rental agreement. + }
' { + SECTION 5. + } { + For a complaint described in
section 4 of this 2001 Act, if ORS chapter 90 applies to the
dwelling unit:
' (1) The complaint must be in substantially the following form
and be available from the clerk of the court: + }
] _______________________________________________________________
{ +
IN THE CIRCUIT COURT + }
{ +
FOR THE COUNTY OF + }
{ +
______ + }
{ +
No. ___ + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
RESIDENTIAL EVICTION COMPLAINT + } { + PLAINTIFF (Landlord or
agent): + }
________
________
{ + Address: + } ______
{ + City: + } ______
{ + State: + } ______ { + Zip: + } _____
{ + Telephone: + } ______
{ + vs. + }
{ + DEFENDANT (Tenants/Occupants): + }
________
________
{ + MAILING ADDRESS: + } ______
{ + City: + } ______
{ + State: + } ______ { + Zip: + } _____
{ + Telephone: + } ______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + Defendant's Social Security number _____ (Optional
information for purposes of identification.) + }
{ +
1. + }
{ + Tenants are in possession of the dwelling unit, premises
or rental property described above or located at: + }
__________
{ +
2. + }
{ + Landlord is entitled to possession of the property
because of: + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
___
{ +
24-hour notice for personal
injury, substantial damage, extremely
outrageous act or unlawful occupant.
ORS 90.400 (3).
___
48-hour notice for violation
of a drug or alcohol program.
ORS 90.400 (9).
___
72-hour or 144-hour notice for
nonpayment of rent. ORS 90.400 (2).
___
7-day notice with stated cause in
a week-to-week tenancy.
ORS 90.400 (1)(a) and (e)(A)
___
10-day notice for a pet violation,
a repeat violation in a month-to-month
tenancy or without stated cause in a
week-to-week tenancy. ORS 90.405,
90.400 (1)(d) or 90.427 (1).
___
20-day notice for repeat violations.
ORS 90.630 (5).
___
30-day or 180-day notice without
stated cause in a month-to-month
tenancy. ORS 90.427 (2) or 90.429.
___
30-day notice with stated cause.
ORS 90.400 (1), 90.630 or 90.632.
___
Other notice ______ + }
{ +
___
No notice (explain) ______ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + A COPY OF THE NOTICE RELIED UPON IS ATTACHED + }
{ +
3. + }
{ + If the landlord uses an attorney, the case goes to trial
and the landlord wins in court, the landlord can collect attorney
fees from the defendant pursuant to ORS 90.255 and 105.137 (3).
Landlord requests judgment for possession of the premises,
court costs and attorney fees.
I certify that the allegations and factual assertions in this
complaint are true to the best of my knowledge. + }
________
{ + Signature of landlord or agent. + }
] _______________________________________________________________
' { + (2) The complaint must be signed by the plaintiff or an
attorney representing the plaintiff as provided by ORCP 17, or
verified by an agent or employee of the plaintiff or an agent or
employee of an agent of the plaintiff.
' (3) A copy of the notice relied upon, if any, must be
attached to the complaint. + }
' { + SECTION 6. + } { + For a complaint described in
section 4 of this 2001 Act, if ORS chapter 90 does not apply to
the dwelling unit:
' (1) The complaint must be in substantially the following form
and be available from the clerk of the court: + }
] _______________________________________________________________
{ +
IN THE CIRCUIT COURT + }
{ +
FOR THE COUNTY OF + }
{ +
______ + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
EVICTION COMPLAINT + }
{ +
(Tenancy not covered by ORS chapter 90) + }
{ +
No. + } ___
{ + (Landlord),
Plaintiff(s) + }
{ + vs. + }
{ + (Tenant),
Defendant(s) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + Defendant's Social Security number _____ (Optional
information for purposes of identification.) + }
{ +
1. + }
{ + Defendant is in possession of the following premises: + }
______
______ { + (city) + }
{ +
2. + }
{ + Defendant entered upon the premises with force or is
unlawfully holding the premises with force. + }
{ +
3. + }
{ + Plaintiff is entitled to possession of the premises,
because: + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
___
{ +
30-day notice (month-to-month
tenancy)
___
30-day notice (cause)
___
Other notice (explain) ______
___
No notice (explain) ______ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + A COPY OF ANY NOTICE RELIED UPON IS ATTACHED + }
{ + Wherefore, plaintiff prays for possession of the
premises, costs and disbursements and attorney fees, if
applicable. + }
________
{ + Plaintiff + }
] _______________________________________________________________
' { + (2) A copy of the notice relied upon, if any, must be
attached to the complaint. + }
' { + SECTION 7. + } { + Section 8 of this 2001 Act is added
to and made a part of ORS 105.105 to 105.154. + }
' { + SECTION 8. + } { + Notwithstanding ORCP 7 C, for
premises to which ORS chapter 90 or ORS 91.120 applies, the
summons must be in substantially the following form and be
available from the court clerk: + }
] _______________________________________________________________
{ +
IN THE CIRCUIT COURT + }
{ +
FOR THE COUNTY OF + }
{ +
______ + }
{ +
No. ___ + }
{ +
SUMMONS + }
{ +
RESIDENTIAL EVICTION + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
PLAINTIFF (Landlord or agent): + }
________
________
{ +
vs. + }
{ +
DEFENDANT (Tenants/Occupants): + }
________
________
{ +
TO: __________
(Street address and city of property occupied by defendant) + }
__________
{ +
(Mailing address if different) + }
{ +
NOTICE TO TENANTS: + }
{ +
READ THESE PAPERS CAREFULLY + }
{ +
YOUR LANDLORD WANTS TO EVICT YOU + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + ON ______, 2___ AT ___ A.M./P.M., you must come to the
County Court House located at ______. You do not have to pay any
fees to the court for this hearing. + }
o { + If you do not appear in court, your landlord will win
automatically and can have the Sheriff physically remove you. + }
o { + If you do show up in court and your landlord does not,
this eviction action will be dropped. + }
o { + If both of you show up: + }
o { + The judge may ask you to try to reach an agreement
with your landlord, but this is voluntary. Trained mediators
may be available free of charge to help resolve disputes. + }
o { + The judge will schedule a trial if you and your
landlord do not reach an agreement or if you do not agree to
move out. + }
{ + IF YOU WANT A TRIAL, YOU MUST: + }
o { + Show up in court at the time scheduled above; + }
o { + On the same day, file an Answer with the Court giving a
legal reason why you should not be evicted (the Court can give
you a form); + }
o { + Give a copy of the Answer to your landlord (or your
landlord's agent or attorney); and + }
o { + Pay a filing fee of $___ (the judge may allow payment to
be deferred in certain circumstances). + }
{ + IF YOU HAVE QUESTIONS, YOU SHOULD SEE AN ATTORNEY
IMMEDIATELY. If you need help finding an attorney, you can call
the Oregon State Bar's Lawyer Referral Service at 503-684-3763 or
toll-free in Oregon at 800-452-7636. + }
__________
{ + Signature of Plaintiff (landlord or agent) + }
{ + Plaintiff's address: ______ + }
__________
{ + Plaintiff's telephone number: ______ + }
{ + I certify that this is a true copy of the original
summons: + }
__________
{ + Signature of Plaintiff (landlord or agent) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
] _______________________________________________________________
' { + SECTION 9. + } { + ORS 105.147 is repealed and
sections 10 to 12 of this 2001 Act are enacted in lieu
thereof. + }
' { + SECTION 10. + } { + (1) In an action to recover
possession of the premises, if the court has entered an order by
stipulation that provides for the defendant to retain possession
of the premises contingent upon the defendant's performance or
payment of moneys by a certain date as provided under ORS 105.145
(2), and the defendant fails to comply with the order, the
plaintiff may obtain and enforce a judgment of restitution of the
premises pursuant to this section and sections 11 and 12 of this
2001 Act.
' (2) A plaintiff may obtain and enforce a judgment of
restitution based upon an order entered as provided under ORS
105.145 (2), provided the order includes only:
' (a) Future performance or conduct as described in the order
for a period of not more than six months following entry of the
order;
' (b) Payment of past due rent and other past due amounts
pursuant to a schedule provided in the order for a period of not
more than six months following entry of the order; and
' (c) Payment of rent due for future rental periods that follow
entry of the order pursuant to a schedule provided in the order
for not more than the first three monthly rental periods
following entry of the order.
' (3) If the defendant fails to comply with the order, the
plaintiff may file with the clerk of the court an affidavit
describing how the defendant has failed to comply. The plaintiff
shall attach a copy of the order to the affidavit. The affidavit
or the order must include the terms of the underlying settlement
agreement or stipulation or have a copy of the agreement
attached.
' (4) Upon receipt of a plaintiff's affidavit:
' (a) The court shall enter a judgment of restitution; and
' (b) The clerk shall issue a notice of restitution as provided
by section 14 of this 2001 Act and attach to the notice a copy of
the plaintiff's affidavit of noncompliance and any attachments
for service.
' (5) The clerk shall establish a procedure that allows the
defendant to request a hearing on the plaintiff's affidavit of
noncompliance and delay expiration of the notice of restitution
period or execution upon a judgment of restitution pending the
hearing. + }
' { + SECTION 11. + } { + (1) To contest a plaintiff's
affidavit of noncompliance under section 10 of this 2001 Act and
delay expiration of the notice of restitution period or execution
upon the judgment of restitution, a defendant shall file a
request for hearing with the clerk of the court. The request must
be filed prior to completion of the execution process and must
include a statement by the defendant describing how the defendant
complied with the order or describing why the defendant should
not be required to comply.
' (2) The clerk shall make available a document providing for a
request for hearing by a defendant. The document must be in
substantially the following form: + }
] _______________________________________________________________
{ +
IN THE CIRCUIT COURT + }
{ +
FOR THE COUNTY OF + }
{ +
______ + }
{ +
Defendant's Request for Hearing to + }
{ +
Contest an Affidavit of Noncompliance + }
{ +
Case No. ___ + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Landlord or agent (Plaintiff): ______ + }
{ +
vs. + }
{ +
Tenant/Occupant (Defendant): ______ + }
{ +
Address of Property: ______ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + 1. My landlord has filed a statement with the court
saying that I have not complied with a court-approved agreement
and that as a result my landlord is entitled to possession of the
property.
2. I deny that the landlord is entitled to possession of the
property because (check one or more and explain below):
___ a. The landlord is wrong. I did comply with the agreement.
___ b. Before I could comply with the agreement, the landlord
was supposed to do what is described below, which the landlord
did not do.
___ c. The landlord and I changed the agreement and I complied
with the agreement as changed. The change that we agreed to is
explained below.
___ d. The landlord prevented me from keeping the agreement.
The way that the landlord did that is explained below.
___ e. The agreement was not made in good faith as required by
ORS 90.130.
___ f. A portion of the agreement was unconscionable as
described in ORS 90.135.
___ g. The landlord is required by law or contract to have good
cause to force me to move out and my alleged conduct or
performance does not meet the standard of good cause.
___ h. The landlord is claiming that I did not pay rent for a
period of time following the date of the agreement. I did not pay
that rent because I have claims for money against the landlord to
offset the rent. Those claims arise from the landlord's violation
of the Residential Landlord and Tenant Act or the rental
agreement since the date of the court order and are explained
below. + }
{ + Explanations: + }
__________
__________
__________
{ + (Signature of tenant) + }
______
] _______________________________________________________________
' { + SECTION 12. + } { + (1) Upon receipt of a timely filed
request for hearing described in section 11 of this 2001 Act, the
clerk of the court shall:
' (a) Notify the sheriff of the request and direct the sheriff
to delay further enforcement of the judgment;
' (b) Schedule a hearing on the defendant's request as soon as
practicable;
' (c) Notify both parties of the hearing date; and
' (d) Mail or send by facsimile a copy of the defendant's
request to the plaintiff.
' (2)(a) At the hearing, except as provided in paragraph (b) of
this subsection, the court may consider only the following
issues:
' (A) Whether the defendant complied with the order.
' (B) Whether the plaintiff complied with any requirement of
the order that is a predicate to compliance by the defendant.
' (C) Whether the parties agreed to modify the order and
complied with the modified order.
' (D) Whether one party unfairly prevented compliance by the
other party.
' (b) If ORS chapter 90 applies to a dwelling unit, in addition
to the issues described in paragraph (a) of this subsection, the
court may consider the following issues:
' (A) Whether the stipulated agreement was entered into in good
faith as required by ORS 90.130 or is unconscionable as described
in ORS 90.135.
' (B) Whether, for a defendant whose noncompliance concerns
performance or conduct, the noncompliance constitutes good cause
for purposes of an applicable law or contract that requires the
plaintiff to have good cause for terminating the tenancy.
' (C) Whether, for a defendant whose noncompliance concerns a
failure to pay rent due for future rental periods pursuant to
section 10 (2)(c) of this 2001 Act, the defendant has claims
against the plaintiff for moneys that offset the rent. The
defendant's claims must have arisen after the entry of the order.
' (c) The defendant may not raise defenses or claims involving
issues other than issues described in paragraphs (a) and (b) of
this subsection.
' (3) If the court finds in favor of the plaintiff after the
hearing, the clerk shall notify the sheriff to proceed with
execution of the judgment, but a writ of execution may not be
enforced for at least 24 hours after the court's ruling. Further
notice to the defendant is not required.
' (4) If the court finds in favor of the defendant after the
hearing, the court shall set aside the judgment and the clerk
shall notify the sheriff to not enforce a writ of execution based
upon the judgment. The court may reinstate the order, terminate
the order and enter a judgment dismissing the plaintiff's action
in favor of the defendant, enter a new order or schedule a trial
on the plaintiff's action as soon as practicable.
' (5) The court shall enter a judgment dismissing the
plaintiff's action in favor of the defendant without assessment
of costs, disbursements, prevailing party fees or attorney fees
against either party except as provided in the order:
' (a) Upon receipt of a writing signed by the plaintiff showing
compliance with or satisfaction of the order; or
' (b) After the earlier of seven months following entry of the
order or 30 days following completion of the period covered by
the order, unless the plaintiff has filed an affidavit of
noncompliance and the court has found in favor of the plaintiff
on the affidavit. + }
' { + SECTION 13. + } { + ORS 105.154 is repealed and
sections 14 to 21 are enacted in lieu thereof. + }
' { + SECTION 14. + } { + (1) If the court renders judgment
for restitution of the premises to the plaintiff, the plaintiff
may enforce that judgment in the following manner:
' (a) Issuance by the clerk of the court and service upon the
defendant of a notice of restitution that shall give the
defendant four days to move out of the premises, including
removal of all personal property; and
' (b) After the expiration of the four-day period provided in
the notice of restitution, issuance by the clerk of the court and
service by the sheriff upon the defendant of a writ of execution
of judgment of restitution, directing the sheriff to enforce the
judgment by removing the defendant and the defendant's personal
property, not including any manufactured dwelling or floating
home to which ORS chapter 90 applies, and by returning possession
of the premises to the plaintiff, along with an eviction trespass
notice from the sheriff.
' (2) Following entry of judgment for restitution of the
premises in favor of a plaintiff, or any date for possession as
specified in the judgment, whichever is later, the plaintiff may
request that the clerk of the court in which the judgment is
entered issue a notice of restitution. The notice of restitution
shall order the defendant to move out of the premises, including
removing all personal property, in no less than four days. The
plaintiff may direct the clerk to extend the notice period beyond
four days. Following payment of any required fees, the clerk
shall issue the notice. + }
' { + SECTION 15. + } { + If the court entered a judgment
pursuant to section 10 of this 2001 Act, a notice of restitution
issued by the clerk of the court pursuant to section 14 of this
2001 Act must be in substantially the following form: + }
] _______________________________________________________________
{ +
IN THE CIRCUIT COURT FOR + }
{ +
THE COUNTY OF ______ + }
{ +
Notice of Restitution + }
{ +
because of not complying + }
{ +
with a court-approved agreement + }
{ +
Case Number _____ + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
TO: + }
________
{ +
(Tenant/Defendant) + }
________
{ +
(Address of rental property) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + You and your landlord made a court-approved agreement
allowing you to stay in the property. Your landlord claims that
you have not kept that agreement. (A copy of the landlord's claim
is attached.) Unless you can prove to the court why you should
not have to move out, you must move by the MOVE OUT DATE listed
below. If you do not, the landlord can have the Sheriff
physically remove you.
If you believe that you have kept the agreement or that you
have a legal reason for not keeping the agreement, you are
entitled to a court hearing. Legal reasons are listed in sections
11 and 12 of this 2001 Act. They include the landlord interfering
with your effort to keep the agreement and your complying with a
modification of the agreement made by you and your landlord.
To request a hearing, you must go to the court and complete a
form explaining why you believe that you have kept (or should not
be required to keep) the agreement. You have to do this
before ___ a.m./p.m. on ______. The Sheriff will not physically
remove you from the property before the hearing.
If the judge rules against you at the hearing, the landlord can
have the Sheriff physically remove you 24 hours later. + }
{ +
DEADLINE TO MOVE OUT + }
{ +
MOVE OUT DATE: ______ + }
{ + If you do not request a hearing, you must move out of the
property no later than 11:59 p.m. on the Move Out Date.
If you and everyone else living there do not move out by that
time, the Sheriff will physically remove you. You must also move
all of your belongings by that time. Anything you leave behind
will be stored or disposed of as allowed by law. + }
__________
{ + Deputy Court Administrator + }
] _______________________________________________________________
' { + SECTION 16. + } { + Except as provided in section 15
of this 2001 Act, a notice of restitution issued by the clerk of
the court pursuant to section 14 of this 2001 Act must be in
substantially the following form: + }
] _______________________________________________________________
{ +
In the Circuit Court for the + }
{ +
County of ______ + }
{ +
NOTICE OF RESTITUTION + }
{ +
Case Number ______ + }
{ + TO: + } ______
{ + (Defendant/Tenant) + }
__________
__________
__________
{ + (Address of property) + }
{ +
DEADLINE TO MOVE OUT + }
{ +
MOVE OUT DATE: ______ + }
{ + The Court has ordered you to move out of the property.
You must move out no later than 11:59 p.m. on the Move Out Date.
If you and everyone else living there do not move out by that
time, the Sheriff will physically remove you. You must also move
all of your belongings by that time. Anything you leave behind
will be stored or disposed of as allowed by law. + }
__________
{ + Deputy Court Administrator + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
] _______________________________________________________________
' { + SECTION 17. + } { + The writ of execution of judgment
of restitution referred to in section 14 of this 2001 Act must be
in substantially the following form: + }
] _______________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
State of Oreg)n, WRIT OF
) ssEXECUTION OF
) JUDGMENT OF
) RESTITUTION
County of ___
) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + To the Sheriff:
This was a forcible entry and detainer action for possession of
the following premises:
__________
__________ (city)
__________ (county)
Judgment was rendered on _____ (date) that the plaintiff have
restitution of the premises on or after _____ (date), and also
that the plaintiff recover costs and disbursements in the sum of
$_____.
In the name of the State of Oregon, you are ordered to enforce
and serve this writ on the defendant, in the manner provided in
section 21 (1) of this 2001 Act, after the four-day period
provided in the notice of restitution.
If the defendant, and the goods, vehicles, recreational
vehicles, manufactured dwellings, floating homes and other
personal property belonging to the defendant, are not removed by
the end of the four-day period or any delay requested by the
plaintiff, whichever is later, and if the plaintiff has paid all
fees for enforcement of this execution, you shall immediately
make legal service of this writ and an eviction trespass notice
on the defendant and deliver possession of the premises to the
plaintiff. You shall remove the defendant and any other person
subject to the judgment, if present, from the premises.
As determined by the plaintiff as follows, the sheriff or the
plaintiff shall remove to or store the defendant's goods,
vehicles, recreational vehicles, manufactured dwellings, floating
homes and other personal property at a place of safekeeping
(choose one or more boxes):
µ º The sheriff shall remove all of the defendant's personal
property, except any manufactured dwelling or floating home to
which ORS chapter 90 applies.
µ º The sheriff shall remove part of the defendant's personal
property, specifically:
_______________
_______________
µ º The plaintiff shall remove and store all or part of the
defendant's personal property.
In the case of a dwelling unit to which ORS chapter 90 applies,
the plaintiff may elect to remove and store all or part of the
defendant's personal property, except that only the plaintiff
shall store any manufactured dwelling or floating home, and it
shall be stored on the rented space.
DATED this __ day of _____, __. + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
{ +
Deputy Court Administrator + }
__________
{ +
Plaintiff + }
__________
{ +
Address + }
__________
{ +
City/State/Zip + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
] _______________________________________________________________
' { + SECTION 18. + } { + The eviction trespass notice
referred to in section 14 of this 2001 Act must be in
substantially the following form: + }
] _______________________________________________________________
{ +
EVICTION TRESPASS NOTICE + }
{ + Occupants of these premises located at: + }
__________
__________
__________
{ + have been evicted by an order of the court in _______ vs.
_______, Case Number ______.
Trespassing or entering into or upon these premises without
written consent of the landlord will result in arrest and
prosecution.
Any personal property present on these premises at the time
this notice was served, (date) __________, + }
{ + µ º is in the possession of the landlord and may be
redeemed by contacting the landlord at: + }
_______________
_______________
_______________
{ + µ º is in possession of the sheriff. Contact the
sheriff for further information. + }
{ + DATED + } __________
__________
{ + SHERIFF + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
] _______________________________________________________________
' { + SECTION 19. + } { + (1) For purposes of this section,
'process server' means any competent person 18 years of age or
older who:
' (a) Is a resident of the State of Oregon;
' (b) Is not the plaintiff, a relative of the plaintiff or an
agent of the plaintiff for purposes of management of the
premises;
' (c) Is a person regularly employed in the business of serving
process; and
' (d) Charges a fee no greater than that set by ORS 21.410
(1)(b) for service of the notice of restitution.
' (2) The sheriff or a process server shall serve the notice of
restitution under section 15 or 16 of this 2001 Act in the manner
provided by this subsection. Notwithstanding ORCP 10, by the end
of the next judicial day following the payment of fees:
' (a) The sheriff or process server shall mail a copy of the
notice of restitution by first class mail to the defendant at the
premises; and
' (b) The sheriff or process server shall serve the notice of
restitution at the premises by personal delivery to the defendant
or, if the defendant is not available for service, by attaching a
copy of the notice in a secure manner to the main entrance to
that portion of the premises of which the defendant has
possession.
' (3) If service of the notice of restitution is made by a
process server, by the end of the next judicial day following
service the process server shall file with the clerk of the court
a certificate of service in the same manner as provided by ORCP 7
F(2)(a). + }
' { + SECTION 20. + } { + (1) Notwithstanding ORCP 10, the
four-day period specified in section 14 (2) of this 2001 Act
shall:
' (a) Commence at 12:01 a.m. on the day following mailing and
service of the notice of restitution pursuant to section 19 of
this 2001 Act, including a Saturday or a Sunday or other legal
holiday; and
' (b) End on the fourth calendar day following the mailing and
service except that if the fourth day is a Saturday or a Sunday
or other legal holiday, the period shall end at 12 midnight of
the day preceding the next judicial day.
' (2) Except as provided in subsection (3) of this section, at
any time after the expiration of the period provided in the
notice of restitution, the plaintiff may request that the clerk
of the court issue a writ of execution of judgment of restitution
directing the sheriff to enforce the judgment of restitution by
returning possession of the premises to the plaintiff. Following
payment of any required fees, the clerk shall issue the writ in
substantially the form provided by section 17 of this 2001 Act.
' (3) Unless the judgment otherwise provides, the clerk may not
issue a notice of restitution or a writ of execution of judgment
of restitution more than 60 days after the judgment is entered or
after any date for possession as specified in the judgment,
whichever is later. + }
' { + SECTION 21. + } { + (1) Following issuance of the writ
of execution of judgment of restitution and payment of any fees
required by the sheriff, the sheriff shall immediately enforce
and serve the writ upon the defendant, along with the eviction
trespass notice, as follows:
' (a) The sheriff shall mail a copy of the writ and the
eviction trespass notice by first class mail to the defendant at
the premises;
' (b) The sheriff shall serve the writ and the eviction
trespass notice at the premises by personal delivery to the
defendant or, if the defendant is not available for service, by
attaching the writ and notice in a secure manner to the main
entrance to that portion of the premises of which the defendant
has possession; and
' (c) Immediately following the service of the writ and the
eviction trespass notice, the sheriff shall return possession of
the premises to the plaintiff by removing the defendant or any
other person subject to the judgment, if present, and the
defendant's personal property, except that:
' (A) In the case of a dwelling unit to which ORS chapter 90
applies, after the sheriff removes the defendant or other
persons, the plaintiff may elect to remove, store and dispose of
all or part of the defendant's personal property pursuant to ORS
105.165; and
' (B) If the personal property includes a manufactured dwelling
or floating home to which ORS chapter 90 applies, the sheriff may
not remove the dwelling or home. The plaintiff shall store and
dispose of the dwelling or home pursuant to ORS 105.165 and
either ORS 90.425 or 90.675.
' (2) Following issuance of the writ, at the plaintiff's
request, the sheriff shall delay enforcement and service of the
writ.
' (3) Any writ not enforced and served within 30 days following
issuance shall expire and become unenforceable.
' (4) A judgment may not be enforced if the parties have
entered a new rental agreement or if the plaintiff has accepted
rent for a period of occupancy beginning after the judgment was
entered. + }
' { + SECTION 22. + } ORS 90.110 is amended to read:
' 90.110. Unless created to avoid the application of this
chapter, the following arrangements are not governed by this
chapter:
' (1) Residence at an institution, public or private, if
incidental to detention or the provision of medical, geriatric,
educational, counseling, religious or similar service, but not
including residence in off-campus nondormitory housing.
' (2) Occupancy { - under a contract of - } { + of a
dwelling unit by a purchaser for no more than 90 days 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 { - , if the occupant is
the purchaser or a person who succeeds to the interest of the
purchaser - } . { + The occupancy by a purchaser or seller
described in this subsection may be terminated only pursuant to
section 2 of this 2001 Act. 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.
' { + SECTION 23. + } ORS 90.140 is amended to read:
' 90.140. { + (1) + } A landlord may require or accept the
following types of payments:
' { - (1) - } { + (a) + } Applicant screening charges,
pursuant to ORS 90.295;
' { - (2) - } { + (b) + } Deposits to secure the execution
of a rental agreement, pursuant to ORS 90.297;
' { - (3) - } { + (c) + } Security deposits, pursuant to ORS
90.300;
' { - (4) - } { + (d) + } Fees, pursuant to ORS 90.302;
' { - (5) - } { + (e) + } Rent, as defined in ORS 90.100;
' { - (6) - } { + (f) + } Prepaid rent, as defined in ORS
90.100;
' { - (7) - } { + (g) + } Utility or service charges,
pursuant to ORS 90.315 (4) or 90.510 (8);
' { - (8) - } { + (h) + } Late charges or fees, pursuant to
ORS 90.260; and
' { - (9) - } { + (i) + } Damages, for noncompliance with a
rental agreement or ORS 90.325, pursuant to ORS 90.400 (11) 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
acknowledgement 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. + }
' { + SECTION 24. + } ORS 90.297 is amended to read:
' 90.297. (1) Except as provided in ORS 90.295 and in this
section, a landlord { - shall - } { + 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 the terms of the
agreement to execute a rental agreement and the conditions for
refunding or retaining the deposit.
' (a) If a rental agreement is executed, the landlord shall
either apply the deposit toward the moneys due the landlord under
the rental agreement or refund it immediately to the tenant.
' (b) If a rental agreement is not executed due to a failure by
the applicant to comply with the agreement to execute, the
landlord may retain the deposit.
' (c) If a rental agreement is not executed due to a failure by
the landlord to comply with the agreement to execute, within four
days the landlord shall return the deposit to the applicant
either by making the deposit available to the applicant at the
landlord's customary place of business or by mailing the deposit
by first class mail to the applicant. { - Proof of timely
compliance with this requirement shall include a postmark. - }
' (3) If a landlord fails to comply with this section, the
applicant or tenant, as the case may be, may recover from the
landlord the amount of any fee or deposit charged, plus $100.
' { + SECTION 25. + } 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.
' (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 26. + } ORS 90.380 is amended to read:
' 90.380. { + (1) As used in this section, 'posted' means that
a governmental agency has attached a copy of the agency's written
determination in a secure manner to the main entrance of the
dwelling unit or to the premises or building of which the
dwelling unit is a part. + }
' { - (1) - } { + (2)(a) + } If a governmental agency has
posted a dwelling { + unit + }as { + unsafe and + } unlawful
to occupy due to the existence of conditions that violate state
or local law and materially affect health or safety { + to an
extent that, in the agency's determination, the tenant must
vacate the unit and another person may not take possession of the
unit + }, a landlord { - shall - } { + may + } not
{ + continue a tenancy or + }enter into a { - rental
agreement - } { + new tenancy + } for the dwelling unit until
the { + landlord corrects the + } conditions { - leading to
the posting are corrected - } { + that led to the agency's
determination + }.
' { - (2) - } { + (b) + } If a landlord knowingly violates
{ - subsection (1) of this section - } { + paragraph (a) of
this subsection + }, the tenant may immediately terminate the
tenancy by giving the landlord actual notice of the termination
and the reason for the termination and may recover { + from the
landlord + } either two months' periodic rent or up to twice the
actual damages sustained by the tenant as a result of the
violation, whichever is greater. The tenant need not terminate
the { - rental agreement - } { + tenancy + } to recover
damages under this section.
' { + (3)(a) If a governmental agency has given a written
notice to a landlord that a dwelling unit has been determined to
be unlawful to occupy due to the existence of conditions that
violate state or local law and materially affect health or safety
to an extent that, in the agency's determination, the tenant must
vacate the unit and a person may not take possession of the unit,
the landlord may not enter into a new tenancy for the dwelling
unit until the landlord corrects the conditions that led to the
agency's determination.
' (b) If a landlord knowingly violates paragraph (a) of this
subsection, the tenant may recover from the landlord either two
months' periodic rent or up to twice the actual damages sustained
by the tenant as a result of the violation, whichever is greater.
' (c) Notwithstanding paragraph (b) of this subsection, a
landlord is not liable to a tenant for a violation of paragraph
(a) of this subsection if, prior to the commencement of the
tenancy, the landlord discloses to the tenant that the dwelling
unit has been determined to be unlawful to occupy.
' (d) A disclosure described in paragraph (c) of this
subsection must be in writing, include a description of the
conditions that led to the agency's determination and state that
the landlord is obligated to correct the conditions before
entering into a new tenancy. The landlord shall attach a copy of
the agency's notice to the disclosure. The notice copy may
provide the information required by this paragraph to be
disclosed by the landlord to the tenant.
' (e) A disclosure described in paragraph (c) of this
subsection does not release the landlord from the duties imposed
by this chapter, including the duty to maintain the dwelling unit
in a habitable condition pursuant to ORS 90.320 or 90.730. A
tenant who enters into a tenancy after the landlord's disclosure
does not waive the tenant's other remedies under this chapter.
The disclosure does not prevent the governmental agency that made
the determination from imposing on the landlord any penalty
authorized by law for entering into the new tenancy.
' (4)(a) If a governmental agency has made a determination
regarding a dwelling unit and has posted or given notice for
conditions described in subsection (2)(a) or (3)(a) of this
section, a landlord may not accept from an applicant for that
dwelling unit a deposit to secure the execution of a rental
agreement pursuant to ORS 90.297 unless, before accepting the
deposit, the landlord discloses to the applicant as provided by
subsection (3)(c) of this section that the dwelling unit has been
determined to be unlawful to occupy.
' (b) If a landlord knowingly violates paragraph (a) of this
subsection or fails to correct the conditions leading to the
agency's determination before the date a new tenancy is to begin
as provided by the agreement to secure a rental agreement, an
applicant may terminate the agreement to secure the execution of
the rental agreement by giving the landlord actual notice of the
termination and the reason for termination. As a result of a
termination, the applicant may recover from the landlord an
amount equal to twice the deposit. If an applicant recovers
damages for a violation pursuant to this paragraph, the applicant
may not recover any amounts under ORS 90.297. + }
' { - (3) - } { + (5) + } If, after a landlord and a tenant
have entered into a { - rental agreement - } { + tenancy + },
a governmental agency posts a dwelling { + unit + } as
{ + unsafe and + } unlawful to occupy due to the existence of
conditions that violate state or local law, that materially
affect health or safety and that:
' (a) Were not caused by the tenant, the tenant may immediately
terminate the tenancy by giving the landlord actual notice of the
termination and the reason for the termination; or
' (b) Were not caused by the landlord or by the landlord's
failure to maintain the dwelling, the landlord may terminate the
tenancy by giving the tenant 24 hours' written notice of the
termination and the reason for the termination, after which the
landlord may take possession in the manner provided in ORS
105.105 to 105.168.
' { - (4) - } { + (6) + } If the tenancy is terminated, as a
result of conditions as described in subsections { - (1) and
(3) - } { + (2), (4) and (5) + } of this section, within 14
days of the notice of termination the landlord shall return to
the { + applicant or + } tenant:
' (a) All of the { + deposit to secure execution of a rental
agreement, + } security deposit or prepaid rent owed to the
tenant under ORS 90.300; and
' (b) All rent prepaid for the month in which the termination
occurs, prorated { + , if applicable, + } to the date of
termination or the date the tenant vacates the premises,
whichever is later.
' { - (5) - } { + (7) + } If conditions at premises
{ - which - } { + that + } existed at the outset of the
tenancy and { - which - } { + that + } were not caused by the
tenant pose an imminent and serious threat to the health or
safety of occupants of the premises within six months from the
beginning of the tenancy, the tenant may immediately terminate
the rental agreement by giving the landlord actual notice of the
termination and the reason for the termination. In addition, if
the landlord knew or should have reasonably known of the
existence of the conditions, the tenant may recover either two
months' periodic rent or twice the actual damages sustained by
the tenant as a result of the violation, whichever is greater.
The tenant need not terminate the rental agreement to recover
damages under this section. Within four days of the tenant's
notice of termination, the landlord shall return to the tenant:
' (a) All of the security deposit or prepaid rent owed to the
tenant under ORS 90.300; and
' (b) All rent prepaid for the month in which the termination
occurs, prorated to the date of termination or the date the
tenant vacates the premises, whichever is later.
' { - (6)(a) - } { + (8)(a) + } A landlord shall return the
money due the { + applicant or + } tenant under subsections
{ - (4) and (5) - } { + (6) and (7) + } of this section either
by making the money available to the { + applicant or + } tenant
at the landlord's customary place of business or by mailing the
money by first class mail to the { + applicant or + } tenant.
{ - The money shall be returned within 14 days if the tenancy
is terminated under subsection (2) or (3) of this section or
within four days if the tenancy is terminated under subsection
(5) of this section. - }
' (b) The { + applicant or + } tenant has the option of
choosing the method for return of any money due under this
section. If the { + applicant or + } tenant fails to choose one
of these methods at the time of giving the notice of termination,
the landlord shall use the mail method, addressed to the
{ - tenant's - } last-known address { + of the applicant or
tenant + } and mailed within the relevant { + four-day or
14-day + } period { - (four or 14 days) - } following the
{ + applicant's or + } tenant's notice.
' { - (7) - } { + (9) + } If the landlord fails to comply
with subsection
{ - (6) - } { + (8) + } of this section, the { + applicant
or + } tenant may recover the money due in an amount equal to
twice the amount due.
' { + SECTION 27. + } ORS 90.400 is amended to read:
' 90.400. (1)(a) Except as provided in this chapter, if there
is a material noncompliance by the tenant with the rental
agreement, a noncompliance with ORS 90.325 materially affecting
health and safety, a material noncompliance with a rental
agreement regarding a program of recovery in drug and alcohol
free housing or a failure to pay a late charge pursuant to ORS
90.260 or a utility or service charge pursuant to ORS 90.315 (4),
the landlord may deliver a written notice to the tenant
terminating the tenancy for cause as provided in this subsection.
The notice shall specify the acts and omissions constituting the
breach and shall state that the rental agreement will terminate
upon a date not less than 30 days after delivery of the notice.
If the breach is remediable by repairs, payment of damages,
payment of a late charge or utility or service charge, change in
conduct or otherwise, the notice shall also state that the tenant
can avoid termination by remedying the breach within 14 days.
' (b) If the breach is not remedied in 14 days, the rental
agreement shall terminate as provided in the notice subject to
paragraphs (c) and (d) of this subsection.
' (c) If the tenant adequately remedies the breach before the
date for remedying the breach as specified in the notice, the
rental agreement shall not terminate.
' (d) If substantially the same act or omission that
constituted a prior noncompliance of which notice was given
pursuant to paragraph (a) of this subsection recurs within six
months after the date specified in that notice as the date for
remedying the prior noncompliance, the landlord may terminate the
rental agreement upon at least 10 days' written notice specifying
the breach and the date of termination of the rental agreement.
{ + The date of termination specified in the 10-day notice
given pursuant to this paragraph may not be sooner than the date
of termination specified in the 30-day notice of the prior
noncompliance given pursuant to paragraph (a) of this
subsection. + }
' (e) In the case of a week-to-week tenancy, the notice periods
in:
' (A) Paragraph (a) of this subsection shall be changed from 30
days to seven days and from 14 days to four days;
' (B) Paragraph (b) of this subsection shall be changed from 14
days to four days; and
' (C) Paragraph (d) of this subsection shall be changed from 10
days to four days.
' (f) This subsection does not apply to a tenancy governed by
ORS 90.505 to 90.840.
' (2) The landlord may immediately terminate the rental
agreement for nonpayment of rent and take possession of the
dwelling unit in the manner provided in ORS 105.105 to 105.168
after written notice, as follows:
' (a) In the case of a week-to-week tenancy, by delivering to
the tenant at least 72 hours' written notice of nonpayment and
the landlord's intention to terminate the rental agreement if the
rent is not paid within that period. The landlord shall give this
notice no sooner than on the fifth day of the rental period,
including the first day the rent is due.
' (b) In the case of all other tenancies, by delivering to the
tenant:
' (A) At least 72 hours' written notice of nonpayment and the
landlord's intention to terminate the rental agreement if the
rent is not paid within that period. The landlord shall give this
notice no sooner than on the eighth day of the rental period,
including the first day the rent is due; or
' (B) If a written rental agreement so provides, at least 144
hours' written notice of nonpayment and the landlord's intention
to terminate the rental agreement if the rent is not paid within
that period. The landlord shall give this notice no sooner than
on the fifth day of the rental period, including the first day
the rent is due.
' (c) The notices described in this subsection shall also
specify the date and time by which the tenant must pay the rent
to cure the nonpayment of rent.
' (d) Payment by a tenant who has received a nonpayment of rent
notice under this subsection is timely if mailed to the landlord
within the period of the notice unless:
' (A) The nonpayment of rent notice is personally served on the
tenant;
' (B) A written rental agreement and the nonpayment of rent
notice expressly state that payment is to be made at a specified
location that is either on the premises or at a place where the
tenant has made all previous rent payments in person; and
' (C) The place so specified is available to the tenant for
payment throughout the period of the notice.
' (3) Except as provided in subsection (4) of this section, the
landlord, after at least 24 hours' written notice specifying the
acts and omissions constituting the cause and specifying the date
and time of the termination, may immediately terminate the rental
agreement and take possession in the manner provided in ORS
105.105 to 105.168, if:
' (a) The tenant, someone in the tenant's control or the
tenant's pet seriously threatens immediately to inflict personal
injury, or inflicts any substantial personal injury, upon the
landlord, the landlord's agent or other tenants;
' (b) The tenant, someone in the tenant's control, or the
tenant's pet inflicts any substantial personal injury upon a
neighbor living in the immediate vicinity of the premises or upon
a person other than the tenant on the premises with permission of
the landlord or another tenant;
' (c) The tenant or someone in the tenant's control
intentionally inflicts any substantial damage to the premises or
the tenant's pet inflicts substantial damage to the premises on
more than one occasion;
' (d) The tenant has vacated the premises, the person in
possession is holding contrary to a written rental agreement that
prohibits subleasing the premises to another or allowing another
person to occupy the premises without the written permission of
the landlord, and the landlord has not knowingly accepted rent
from the person in possession; or
' (e) The tenant, someone in the tenant's control or the
tenant's pet commits any act that is outrageous in the extreme,
on the premises or in the immediate vicinity of the premises. An
act that is 'outrageous in the extreme' is an act not described
in paragraphs (a) to (c) of this subsection, but is similar in
degree and is one that a reasonable person in that community
would consider to be so offensive as to warrant termination of
the tenancy within 24 hours, considering the seriousness of the
act or the risk to others. Such an act is more extreme or serious
than an act that warrants a 30-day termination under subsection
(1) of this section. An act that is 'outrageous in the extreme'
includes, but is not limited to, the following acts by a person:
' (A) Prostitution or promotion of prostitution, as described
in ORS 167.007 and 167.012;
' (B) Manufacture or delivery of a controlled substance, as
described in ORS 475.005 but not including delivery as described
in ORS 475.992 (2)(b);
' (C) Intimidation, as described in ORS 166.155 and 166.165; or
' (D) Burglary as described in ORS 164.215 and 164.225.
' (4) If the cause for a termination notice given pursuant to
subsection (3)(a), (b), (c) or (e) of this section is based upon
the acts of the tenant's pet, the tenant may cure the cause and
avoid termination of the tenancy by removing the pet from the
premises prior to the end of the notice period. The notice shall
describe the right of the tenant to cure the cause. If the tenant
returns the pet to the premises at any time after having cured
the violation, the landlord, after at least 24 hours' written
notice specifying the subsequent presence of the offending pet,
may terminate the rental agreement and take possession in the
manner provided in ORS 105.105 to 105.168. The tenant shall not
have a right to cure this subsequent violation.
' (5) Someone is in the tenant's control, as that phrase is
used in subsection (3) of this section, when that person enters
or remains on the premises with the tenant's permission or
consent after the tenant reasonably knows or should know of that
person's act or likelihood to commit any act of the type
described in subsection (3)(a), (b), (c) and (e) of this section.
' (6) The landlord's 24 hours' written notice given under
subsection (3)(d) of this section shall not be construed as an
admission by the landlord that the individual occupying the
premises is a lessee or sublessee of the landlord.
' (7) With regard to 'acts outrageous in the extreme' as
described in subsection (3)(e) of this section, an act can be
proven to be outrageous in the extreme even if it is one that
does not violate a criminal statute. In addition, notwithstanding
the reference in subsection (3) of this section to existing
criminal statutes, the landlord's standard of proof in an action
for possession under this subsection remains the civil standard,
proof by a preponderance of the evidence.
' (8) If a good faith effort by a landlord to terminate a
tenancy pursuant to subsection (3)(e) of this section and to
recover possession of the rental unit pursuant to ORS 105.105 to
105.168 fails by decision of the court, the landlord shall not be
found in violation of any state statute or local ordinance
requiring the landlord to remove that tenant upon threat of fine,
abatement or forfeiture as long as the landlord continues to make
a good faith effort to terminate the tenancy.
' (9) If a tenant living for less than two years in drug and
alcohol free housing uses, possesses or shares alcohol, illegal
drugs, controlled substances or prescription drugs without a
medical prescription, the landlord may deliver a written notice
to the tenant terminating the tenancy for cause as provided in
this subsection. The notice shall specify the acts constituting
the drug or alcohol violation and shall state that the rental
agreement will terminate in not less than 48 hours after delivery
of the notice, at a specified date and time. The notice shall
also state that the tenant can cure the drug or alcohol violation
by a change in conduct or otherwise within 24 hours after
delivery of the notice. If the tenant cures the violation within
the 24-hour period, the rental agreement shall not terminate. If
the tenant does not cure the violation within the 24-hour period,
the rental agreement shall terminate as provided in the notice.
If substantially the same act that constituted a prior drug or
alcohol violation of which notice was given reoccurs within six
months, the landlord may terminate the rental agreement upon at
least 24 hours' written notice specifying the violation and the
date and time of termination of the rental agreement. The tenant
shall not have a right to cure this subsequent violation.
' (10) Except as provided in this chapter, a landlord may
pursue any one or more of the remedies listed in this section,
simultaneously or sequentially.
' (11) Except as provided in this chapter, the landlord may
recover damages and obtain injunctive relief for any
noncompliance by the tenant with the rental agreement or ORS
90.325 or 90.740.
' { + SECTION 28. + } ORS 91.120 is amended to read:
' 91.120. A landlord or employer of an employee of the
landlord, as set forth in ORS 90.110 (7), may only evict the
employee pursuant to ORS 105.105 to 105.168 after { - 24 hours
following - } { + at least 24 hours' + } written notice of the
termination of employment or { - as - } { + a notice
period + } set forth in a written employment contract, whichever
is longer. This section does not create the relationship of
landlord and tenant between a landlord and such employee.
' { + SECTION 29. + } ORS 21.325 is amended to read:
' 21.325. In the circuit court there shall be charged and
collected in advance by the clerk of the court the following fees
for the following purposes and services:
' (1) Making transcription from judgment docket in the format
provided in ORCP 70 A, $6.
' (2) Filing and docketing transcript of judgment in the format
provided in ORCP 70 A, $6.
' (3) Filing and docketing copy of foreign judgment and
affidavit filed as provided in ORS 24.115 and 24.125 or copy of
child custody determination of another state filed as provided in
ORS 109.787, $35.
' (4) Issuing writs of execution or writs of garnishment, $4
for each writ.
' (5) Preparing clerk's certificate of satisfaction of
judgment, $5.
' (6) Issuing an order under ORS 23.710 requiring a judgment
debtor to appear when the order is issued by any court other than
the court in which the original judgment was entered, $4.
' (7) Issuing notices of restitution as provided in { - ORS
105.154 - } { + section 14 of this 2001 Act + }, $3 for each
notice.
' (8) For any service the clerk may be required or authorized
to perform and for which no fee is provided by law, such fees as
the Chief Justice of the Supreme Court may establish or
authorize, except that a fee may not be charged for location or
inspection of court records.
' { + SECTION 30. + } ORS 23.164 is amended to read:
' 23.164. (1) A mobile home, and the property upon which the
mobile home is situated, that is the actual abode of and occupied
by the owner, or the owner's spouse, parent or child, when that
mobile home is occupied as a sole residence and no other
homestead exemption exists, shall be exempt from execution and
from liability in any form for the debts of the owner to the
value of $23,000, except as otherwise provided by law. When two
or more members of a household are debtors whose interests in the
homestead are subject to sale on execution, the lien of a
judgment or liability in any form, their combined exemptions
under this section { - shall - } { + may + } not exceed
$30,000. The exemption shall be effective without the necessity
of a claim thereof by the judgment debtor.
' (2) The exemption provided for in subsection (1) of this
section { - shall - } { + is + } not { - be - } impaired
by temporary removal or absence with the intention to reoccupy
the mobile property as a home, nor by the sale thereof, but shall
extend to the proceeds derived from such sale up to $23,000 or
$30,000, whichever amount is applicable under subsection (1) of
this section, while the proceeds are held for a period not
exceeding one year and with the intention to procure another
mobile or other homestead therewith.
' (3) Upon the issuance of an order authorizing sale as
provided in ORS 23.445, the levying officer may proceed to
advertise and sell the premises and, if the homestead exemption
applies, out of the proceeds pay the mobile home owner the sum of
$23,000 or $30,000, whichever amount is applicable under
subsection (1) of this section, and apply the balance of the
proceeds on the execution. However, no sale shall be made where
the homestead exemption applies unless the sum bid for the
property is in excess of the sum of the costs of sale and $23,000
or $30,000, whichever amount is applicable. If no such bid is
received, the expense of the advertising and preparation for sale
shall be borne by the petitioner.
' (4)(a) The provisions of subsections (1), (2), (3) and (7) of
this section do not apply to construction liens for work, labor
or material done or furnished exclusively for the improvement of
the mobile home, or to purchase money liens and to mortgages
lawfully executed, or to executions issued on a judgment
recovered for the purchase price.
' (b) The provisions of subsections (3) and (7) of this section
do not apply to the sale on execution of a judgment of
restitution under { - ORS 105.154 - } { + section 21 of this
2001 Act + } of a mobile home removed from premises by the
levying officer pursuant to the execution.
' (5) If a debtor owns a mobile home but not the property upon
which the mobile home is situated, subsections (1), (2), (3) and
(4) of this section shall apply, but the value of the debtor's
interest exempt from execution and liability { - shall - }
{ + may + } not exceed $20,000 for an individual debtor, or
$27,000 when two or more members of a household are debtors whose
interests in the homestead are subject to execution or liability
in any form.
' (6) When the owner of a homestead under this section has been
granted a discharge in bankruptcy or has conveyed the property,
the value thereof, for the purpose of determining a leviable
interest in excess of the homestead exemption, shall be the value
on the date of the petition in bankruptcy, whether the value is
determined in the bankruptcy proceedings or not, or on the date
the conveyance becomes effective, whichever shall first occur.
' (7) Except as provided in subsection (9) of this section, no
mobile home, or property upon which the mobile home is situated,
that is the actual abode of and occupied by the judgment debtor,
or that is the actual abode of and occupied by a spouse,
dependent parent or dependent child of the judgment debtor, shall
be sold on execution to satisfy a judgment that at the time of
entry does not exceed $3,000. The judgment shall remain a lien
upon the real property owned by the judgment debtor and upon
which the mobile home is situated, and the mobile home and real
property upon which it is situated may be sold on execution:
' (a) At any time after the sale of the mobile home or real
property by the judgment debtor; and
' (b) At any time after the mobile home or real property is no
longer the actual abode of and occupied by the judgment debtor or
the spouse, dependent parent or dependent child of the judgment
debtor.
' (8) The limitation on execution sales imposed by subsection
(7) of this section is not impaired by temporary removal or
absence with the intention to reoccupy the mobile home and
property as a home.
' (9) The limitation on execution sales imposed by subsection
(7) of this section does not apply if two or more judgments are
owing to a single judgment creditor and the total amount owing to
the judgment creditor, determined by adding the amount of each
individual judgment as of the date the judgment was entered, is
greater than $3,000.
' (10) As used in this section, unless the context requires
otherwise, 'mobile home' includes, but is not limited to, a
houseboat.
' { + SECTION 31. + } ORS 23.445 is amended to read:
' 23.445. (1) As used in this section and ORS 23.450 and
23.515:
' (a) 'Mobile home' does not include a mobile home that is held
as inventory for sale or lease in the ordinary course of
business.
' (b) 'Residential real property' means a single family
dwelling or condominium unit.
' (2) The sheriff { - shall - } { + may + } not sell the
residential real property or the mobile home of a natural person
on execution without an order of the court authorizing the sale.
' (3) The holder of a judgment desiring to have the residential
real property or the mobile home of a natural person sold on
execution may petition the court for an order authorizing the
sheriff to sell. The petition must:
' (a) Identify the judgment under which the property is to be
sold and the amount due thereon;
' (b) Indicate if the judgment arises out of an order or decree
for child support as described in ORS 23.242;
' (c) Identify the residential real property or mobile home to
be sold;
' (d) Allege whether the property is a homestead or not; and
' (e) If the property is a homestead, allege facts showing that
it may nevertheless be sold on execution.
' (4) The petition shall be accompanied by an affidavit
disclosing the basis of the allegations contained in the
petition. If the sheriff is to serve the papers under subsection
(6) of this section, the petition and affidavit shall be
accompanied by a deposit sufficient to pay the fees of the
sheriff for that service.
' (5) Promptly upon the filing of a petition and affidavit as
provided in subsections (3) and (4) of this section, the court
shall schedule a hearing on the petition, allowing adequate time
for notice to the judgment debtor at least 10 days prior to the
hearing.
' (6) At least 10 days prior to the hearing on the petition,
the petitioner shall cause to be served upon the judgment debtor,
in the manner provided by ORCP 7 for service of summons, a true
copy of the petition and affidavit and of a notice of the time
and place of the hearing in substantially the following form:
' _______________________________________________________________
NOTICE OF HEARING ON SHERIFF'S
SALE OF YOUR PROPERTY
This is to notify you that ___ has asked the court to order the
sheriff to sell your property located at __ to satisfy a court
judgment against ___.
Before deciding whether to order the sale, the court will hold
a hearing on ___, 2__, at ____ a.m./p.m., in Room ___, ____.
The law provides that your property is your homestead if you,
or your spouse, dependent parent or dependent child, actually
live in it as your home. If you are temporarily absent from the
property but intend to move back in, it is still your homestead.
The law provides that if the property is your homestead, then
$___ of its value ($___ for a mobile home if you do not own the
property it is on) may not be taken to satisfy a judgment against
you. In addition, a homestead usually may not be sold to satisfy
a judgment for $3,000 or less.
The law provides that your property may be sold despite the
fact that it is your homestead and all of its value taken to
satisfy a judgment against you if the judgment is for child
support.
IF YOU WISH TO PROTECT THIS PROPERTY FROM A SHERIFF'S SALE, YOU
SHOULD COME TO THE COURT HEARING.
IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.
If you do not own this property, please give this notice and
the papers served with it to the owner.
' _______________________________________________________________
' (7) Whether the judgment debtor appears at the hearing on the
petition or not, the court shall try the issues without formal
pleadings and shall inquire as to the facts alleged in the
petition. The judgment creditor shall have the burden of proof on
all issues.
' (8) Except as provided in ORS 23.164 (9) and 23.240 (7), the
court { - shall - } { + may + } not authorize the sheriff to
sell the property if the court finds:
' (a) That the property is the homestead of the judgment
debtor;
' (b) That the judgment is subject to the homestead exemption;
and
' (c) That the amount of the judgment was $3,000 or less at the
time of entry of the judgment.
' (9) If the court authorizes the sheriff to sell the property,
the order of the court shall state whether the homestead
exemption applies to the property, and if so, the amount of the
exemption.
' (10) This section does not apply to a writ of execution to
enforce a judgment that directs the sale of the particular
property or to a writ of execution to enforce a judgment arising
out of the foreclosure of:
' (a) A construction lien for work, labor or material done or
furnished exclusively for the improvement of the property;
' (b) A lawfully executed purchase money lien; or
' (c) A lawfully executed mortgage or trust deed.
' (11) This section does not apply to the sale on execution of
a judgment of restitution under { - ORS 105.154 - } { +
section 21 of this 2001 Act + } of a mobile home removed from
premises by the sheriff pursuant to the execution.
' (12) If the petitioner prevails at the hearing, the court
shall award the petitioner the costs of service of the papers
under subsection (6) of this section.
' { + SECTION 32. + } ORS 105.112 is amended to read:
' 105.112. (1) A tenant or former tenant may bring an action to
recover personal property taken or retained by a landlord in
violation of ORS chapter 90.
' (2) An action under this section shall be governed by the
provisions of ORS 105.105 to 105.168 except that:
' (a) The complaint shall be in substantially the following
form and shall be available from the court clerk:
' _______________________________________________________________
IN THE ______
COURT FOR
THE COUNTY OF ________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Tenant), )
Plaintif)(s),
)
vs. ) No.__
)
(Landlord), )
)
Defendan)(s).
COMPLAINT FOR RETURN
OF PERSONAL PROPERTY
I
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Defendant(s) (is) (are) in possession of the following personal
property belonging to the plaintiff(s):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
See attached list.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
II
Defendant(s) took the personal property alleged in paragraph I
from premises rented by plaintiff(s) from defendant(s) at:
__________ (street and number)
__________ (city)
__________ (county)
III
Plaintiff(s) (is) (are) entitled to possession of the personal
property because:
____ Defendant(s) took the personal property wrongfully because
plaintiff(s) had not abandoned the property, and because either
there was no court order awarding defendant(s) possession of the
premises or the plaintiff(s) (was) (were) not continuously absent
from the premises for seven days after such an order when
defendant(s) removed the personal property.
____ Defendant(s) lawfully took possession of the personal
property after enforcement of a court order for possession of the
premises pursuant to ORS 105.165, but refused to return the
personal property to plaintiff(s) without payment although
plaintiff(s) demanded return of the property within the time
provided by ORS 90.425 or 90.675.
____ Defendant(s) lawfully took possession of the personal
property pursuant to { - ORS 105.154 - } { + section 21 of
this 2001 Act + }, but refused to return the personal property to
plaintiff(s) although plaintiff(s) offered payment of all sums
due for storage and any costs of removal of the personal property
and demanded return of the property within the time provided by
ORS 90.425 or 90.675.
____ Other: __________
_________________________________________________________________
_________________________________________________________________
Wherefore, plaintiff(s) pray(s) for possession of the personal
property and costs and disbursements incurred herein.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____
_________
Date Signature of Plaintiff(s)
' _______________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
' (b) The complaint shall be signed by the plaintiff or an
attorney representing the plaintiff as provided by ORCP 17 or
verified by an agent or employee of the plaintiff or an agent or
employee of an agent of the plaintiff.
' (c) The answer shall be in substantially the following form
and shall be available from the court clerk:
' _______________________________________________________________
IN THE ______
COURT FOR
THE COUNTY OF ________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Tenant), )
)
Plaintif)(s),
)
vs. ) No.__
)
(Landlord), )
)
Defendan)(s).
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
ANSWER
I (we) deny that the plaintiff(s) is (are) entitled to
possession of the personal property subject of the complaint
because:
____ The defendant(s) did not take and do not have possession
of any of the property listed in the complaint.
____ The defendant(s) took possession of the personal property
as provided in ORS 90.425 or 90.675 after giving written notice
that it was considered abandoned, and the plaintiff(s) did not
make a timely demand for return of the property.
____ The defendant(s) took possession of the personal property
as provided in ORS 90.425 or 90.675 after giving written notice
that it was considered abandoned, but not after a sheriff's
enforcement of an eviction judgment against the plaintiff(s) as
provided in ORS 105.165, and the plaintiff(s) refused to pay
charges lawfully due for storage.
____ Other: __________
_________________________________________________________________
_________________________________________________________________
I (we) ask that the plaintiff(s) take nothing by the complaint
and that I (we) be awarded my (our) costs and disbursements.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____
_________
Date Signature of defendant(s)
' _______________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
' (d) The issue at trial shall be limited to whether the
plaintiff is entitled to possession of the personal property
listed in the complaint.
' (e) No claim for damages shall be asserted by either party in
the action for possession of the personal property under this
section, but each party may pursue any claim for damages in a
separate action.
' (f) A party may join an action for possession of personal
property with an action for damages or a claim for other relief,
but the proceeding { - shall - } { + is + } not { - be - }
governed by the provisions of ORS 105.105 to 105.168.
' (g) If the court determines that the plaintiff is entitled to
possession of the personal property that is the subject of the
complaint, the court shall enter an order directing the sheriff
to seize the personal property to which the court finds the
plaintiff entitled, and to deliver that property to the
plaintiff. The court may provide that the defendant have a period
of time to deliver the property to the plaintiff voluntarily
before execution. The costs of execution may be recovered in the
manner provided in ORS 29.367.
' (h) Subject to the provisions of ORCP 68, a prevailing party
who has been represented by counsel may recover attorney fees as
provided by ORS 90.255.
' { + SECTION 33. + } ORS 105.115 is amended to read:
' 105.115. (1) Except as provided by subsections (2) and (3) of
this section, the following are causes of unlawful holding by
force within the meaning of ORS 105.110 and { - 105.125 - }
{ + sections 4 and 6 of this 2001 Act + }:
' (a) When the tenant or person in possession of any premises
fails or refuses to pay rent within 10 days after it is due under
the lease or agreement under which the tenant or person in
possession holds, or to deliver possession of the premises after
being in default on payment of rent for 10 days.
' (b) When the lease by its terms has expired and has not been
renewed, or when the tenant or person in possession is holding
from month to month, or year to year, and remains in possession
after notice to quit as provided in ORS 105.120, or is holding
contrary to any condition or covenant of the lease or is holding
possession without any written lease or agreement.
' (2) In the case of a dwelling unit to which ORS chapter 90
applies, the following are causes of unlawful holding by force
within the meaning of ORS 105.110 and { - 105.125 - } { +
section 4 of this 2001 Act + }:
' (a) When the tenant or person in possession of any premises
fails or refuses to pay rent within 72 hours or 144 hours, as the
case may be, of the notice required by ORS 90.400 (2).
' (b) When a rental agreement by its terms has expired and has
not been renewed, or when the tenant or person in possession is
holding from month to month or from week to week and remains in
possession after a valid notice to quit as provided in ORS
105.120 (2), or is holding contrary to any valid condition or
covenant of the rental agreement or ORS chapter 90.
' (3) In an action under subsection (2) of this section, ORS
chapter 90 shall be applied to determine the rights of the
parties, including:
' (a) Whether and in what amount rent is due;
' (b) Whether a tenancy or rental agreement has been validly
terminated; and
' (c) Whether the tenant is entitled to remedies for
retaliatory conduct by the landlord as provided by ORS 90.385 and
90.765.
' { + SECTION 34. + } ORS 105.165 is amended to read:
' 105.165. (1) In the case of a dwelling unit to which ORS
chapter 90 applies, the landlord may elect to remove, store and
dispose of all or part of the personal property left by the
tenant upon the premises following restitution of the premises
pursuant to { - ORS 105.154 - } { + section 21 of this 2001
Act + }, provided that:
' (a) The sheriff shall first serve the notice of restitution
and shall thereafter deliver possession of the premises to the
landlord, as provided in { - ORS 105.154 - } { + section 21
of this 2001 Act + }; and
' (b) The landlord shall store and dispose of the personal
property of the tenant pursuant to ORS 90.425 or 90.675, except
that if the tenant claims that property within the time provided
in ORS 90.425 or 90.675, the landlord must make that property
available for removal by the tenant by appointment at reasonable
times and without the payment of any costs, charges or other
sums, and the notice to the tenant shall so state.
' (2) Any cost incurred by the landlord for execution pursuant
to { - ORS 105.154 - } { + sections 14 or 19 to 21 of this
2001 Act + } or for removal, storage or sale of the tenant's
property under this section and not recovered pursuant to ORS
90.425 (12) or 90.675 (12) shall be added to the judgment.
' (3) If the landlord fails to permit the tenant to recover
possession of the tenant's personal property under subsection
(1)(b) of this section, the tenant may recover, in addition to
any other amount provided by law, twice the actual damages or
twice the monthly rent, whichever is greater.
' (4) If the tenant's personal property includes a manufactured
dwelling or floating home, the landlord shall use the alternative
method provided by this section for the dwelling or home. The
landlord may use the alternative method provided by this section
for all or part of the tenant's other personal property. If a
landlord elects to use this alternative method for part of the
tenant's other property, the remaining portion, not including any
manufactured dwelling or floating home, shall be removed by the
sheriff pursuant to { - ORS 105.154 - } { + section 21 of
this 2001 Act + }.
' { + SECTION 35. + } ORS 90.630 is amended to read:
' 90.630. (1) Except as provided in subsection (5) of this
section, the landlord may terminate the rental agreement for
space for a manufactured dwelling or floating home by giving to
the tenant not less than 30 days' notice in writing before the
date designated in the notice for termination if the tenant:
' (a) Violates a law or ordinance related to the tenant's
conduct as a tenant, including but not limited to a material
noncompliance with ORS 90.740;
' (b) Violates a rule or rental agreement provision related to
the tenant's conduct as a tenant and imposed as a condition of
occupancy, including but not limited to a material noncompliance
with a rental agreement regarding a program of recovery in drug
and alcohol free housing; or
' (c) Fails to pay a:
' (A) Late charge pursuant to ORS 90.260;
' (B) Fee pursuant to ORS 90.302; or
' (C) Utility or service charge pursuant to ORS 90.510 (8).
' (2) As used in subsection (1) of this section, 'conduct '
includes both the commission of an act and the failure to act.
' (3) A violation making a tenant subject to termination under
subsection (1) of this section includes a tenant's failure to
maintain the space as required by law, ordinance, rental
agreement or rule, but does not include the physical condition of
the dwelling or home. Termination of a rental agreement based
upon the physical condition of a dwelling or home shall only be
as provided in ORS 90.632.
' (4) The notice required by subsection (1) of this section
shall state facts sufficient to notify the tenant of the reasons
for termination of the tenancy.
' (5) The tenant may avoid termination of the tenancy by
correcting the violation within the 30-day period specified in
subsection (1) of this section. However, if substantially the
same act or omission which constituted a prior violation of which
notice was given recurs within six months after the date of the
notice, the landlord may terminate the tenancy upon at least 20
days' written notice specifying the violation and the date of
termination of the tenancy.
' (6) The landlord of a facility may terminate the rental
agreement for a facility space if the facility or a portion of it
that includes the space is to be closed and the land or leasehold
converted to a different use, which is not required by the
exercise of eminent domain or by order of state or local
agencies, by:
' (a) Not less than 365 days' notice in writing before the date
designated in the notice for termination; or
' (b) Not less than 180 days' notice in writing before the date
designated in the notice for termination, if the landlord finds
space acceptable to the tenant to which the tenant can move the
manufactured dwelling or floating home and the landlord pays the
cost of moving and set-up expenses or $3,500, whichever is less.
' (7) The landlord may:
' (a) Provide greater financial incentive to encourage the
tenant to accept an earlier termination date than that provided
in subsection (6) of this section; or
' (b) Contract with the tenant for a mutually acceptable
arrangement to assist the tenant's move.
' (8) The Housing and Community Services Department shall adopt
rules to implement the provisions of subsection (6) of this
section.
' (9)(a) A landlord shall not increase the rent for the purpose
of offsetting the payments required under this section.
' (b) There shall be no increase in the rent after a notice of
termination is given pursuant to this section.
' (10) This section does not limit a landlord's right to
terminate a tenancy for nonpayment of rent pursuant to ORS 90.400
(2) or for other cause pursuant to ORS 90.380 { - (3)(b) - }
{ + (5)(b) + }, 90.400 (3) or (9) or 90.632 by complying with
ORS 105.105 to 105.168.
' (11) A tenancy shall terminate on the date designated in the
notice and without regard to the expiration of the period for
which, by the terms of the rental agreement, rents are to be
paid. Unless otherwise agreed, rent is uniformly apportionable
from day to day.
' (12) Nothing in subsection (6) of this section shall prevent
a landlord from relocating a floating home to another comparable
space in the same facility or another facility owned by the same
owner in the same city if the landlord desires or is required to
make repairs, to remodel or to modify the tenant's original
space.
' (13)(a) Notwithstanding any other provision of this section
or ORS 90.400, the landlord may terminate the rental agreement
for space for a manufactured dwelling or floating home because of
repeated late payment of rent by giving the tenant not less than
30 days' notice in writing before the date designated in that
notice for termination and may take possession in the manner
provided in ORS 105.105 to 105.168 if:
' (A) The tenant has not paid the monthly rent prior to the
eighth day of the rental period as described in ORS 90.400
(2)(b)(A) or the fifth day of the rental period as described in
ORS 90.400 (2)(b)(B) in at least three of the preceding 12 months
and the landlord has given the tenant a notice for nonpayment of
rent pursuant to ORS 90.400 (2)(b) during each of those three
instances of nonpayment;
' (B) The landlord warns the tenant of the risk of a 30-day
notice for termination with no right to correct the cause, upon
the occurrence of a third notice for nonpayment of rent within a
12-month period. The warning must be contained in at least two
notices for nonpayment of rent that precede the third notice
within a 12-month period or in separate written notices that are
given concurrent with, or a reasonable time after, each of the
two notices for nonpayment of rent; and
' (C) The 30-day notice of termination states facts sufficient
to notify the tenant of the cause for termination of the tenancy
and is given to the tenant concurrent with or after the third or
a subsequent notice for nonpayment of rent.
' (b) Notwithstanding subsection (3) of this section, a tenant
who receives a 30-day notice of termination pursuant to this
subsection shall have no right to correct the cause for the
notice.
' (c) The landlord may give a copy of the notice required by
paragraph (a) of this subsection to any lienholder of the
manufactured dwelling or floating home by first class mail with
certificate of mailing or by any other method allowed by ORS
90.150 (2) and (3). A landlord is not liable to a tenant for any
damages incurred by the tenant as a result of the landlord giving
a copy of the notice in good faith to a lienholder. A
lienholder's rights and obligations regarding an abandoned
manufactured dwelling or floating home shall be as provided under
ORS 90.675.
' { + SECTION 36. + } ORS 90.632 is amended to read:
' 90.632. (1) A landlord may terminate a month-to-month or
fixed term rental agreement and require the tenant to remove a
manufactured dwelling or floating home from a facility, due to
the physical condition of the manufactured dwelling or floating
home, only by complying with this section and ORS 105.105 to
105.168. A termination shall include removal of the dwelling or
home.
' (2) A landlord shall not require removal of a manufactured
dwelling or floating home, or consider a dwelling or home to be
in disrepair or deteriorated, because of the age, size, style or
original construction material of the dwelling or home or because
the dwelling or home was built prior to adoption of the National
Manufactured Home Construction and Safety Standards Act of 1974
(42 U.S.C. 5403), in compliance with the standards of that Act in
effect at that time or in compliance with the state building code
as defined in ORS 455.010.
' (3) Except as provided in subsection (5) of this section, if
the tenant's dwelling or home is in disrepair or is deteriorated,
a landlord may terminate a rental agreement and require the
removal of a dwelling or home by giving to the tenant not less
than 30 days' written notice before the date designated in the
notice for termination.
' (4) The notice required by subsection (3) of this section
shall:
' (a) State facts sufficient to notify the tenant of the causes
or reasons for termination of the tenancy and removal of the
dwelling or home;
' (b) State that the tenant can avoid termination and removal
by correcting the cause for termination and removal within the
notice period;
' (c) Describe what is required to correct the cause for
termination;
' (d) Describe the tenant's right to give the landlord a
written notice of correction, where to give the notice and the
deadline for giving the notice in order to ensure a response by
the landlord, all as provided by subsection (6) of this section;
and
' (e) Describe the tenant's right to have the termination and
correction period extended as provided by subsection (7) of this
section.
' (5) The tenant may avoid termination of the tenancy by
correcting the cause within the period specified. However, if
substantially the same condition that constituted a prior cause
for termination of which notice was given recurs within 12 months
after the date of the notice, the landlord may terminate the
tenancy and require the removal of the dwelling or home upon at
least 30 days' written notice specifying the violation and the
date of termination of the tenancy.
' (6) During the termination notice or extension period, the
tenant may give the landlord written notice that the tenant has
corrected the cause for termination. Within a reasonable time
after the tenant's notice of correction, the landlord shall
respond to the tenant in writing, stating whether the landlord
agrees that the cause has been corrected. If the tenant's notice
of correction is given at least 14 days prior to the end of the
termination notice or extension period, failure by the landlord
to respond as required by this subsection shall be a defense to a
termination based upon the landlord's notice for termination.
' (7) Except when the disrepair or deterioration creates a risk
of imminent and serious harm to other dwellings, homes or persons
within the facility, the 30-day period provided for the tenant to
correct the cause for termination and removal shall be extended
by at least 60 additional days if:
' (a) The necessary correction involves exterior painting, roof
repair, concrete pouring or similar work and the weather prevents
that work during a substantial portion of the 30-day period; or
' (b) The nature or extent of the correction work is such that
it cannot reasonably be completed within 30 days because of
factors such as the amount of work necessary, the type and
complexity of the work and the availability of necessary repair
persons.
' (8) In order to have the period for correction extended as
provided in subsection (7) of this section, a tenant must give
the landlord written notice describing the necessity for an
extension in order to complete the correction work. The notice
must be given a reasonable amount of time prior to the end of the
notice for termination period.
' (9) A tenancy shall terminate on the date designated in the
notice and without regard to the expiration of the period for
which, by the terms of the rental agreement, rents are to be
paid. Unless otherwise agreed, rent is uniformly apportionable
from day to day.
' (10) This section does not limit a landlord's right to
terminate a tenancy for nonpayment of rent pursuant to ORS 90.400
(2) or for other cause pursuant to ORS 90.380 { - (3)(b) - }
{ + (5)(b) + }, 90.400 (3) or (9) or 90.630 by complying with
ORS 105.105 to 105.168.
' (11) A landlord may give a copy of the notice for termination
required by this section to any lienholder of the dwelling or
home, by first class mail with certificate of mailing or by any
other method allowed by ORS 90.150 (2) and (3). A landlord is not
liable to a tenant for any damages incurred by the tenant as a
result of the landlord giving a copy of the notice in good faith
to a lienholder.
' (12) When a tenant has been given a notice for termination
pursuant to this section and has subsequently abandoned the
dwelling or home as described in ORS 90.675 (2), any lienholder
shall have the same rights as provided by ORS 90.675, including
the right to correct the cause of the notice, within the 90-day
period provided by ORS 90.675 (18) and (19) notwithstanding the
expiration of the notice period provided by this section for the
tenant to correct the cause.'.
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