71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to A-Eng. SB 194
LC 1959/SB 194-A5
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 194
By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
May 30
On page 1 of the printed A-engrossed bill, delete line 3 and
insert '90.100, 90.110, 90.140, 90.155, 90.297, 90.300, 90.380,
90.400, 90.415, 90.425, 90.510, 90.530, 90.600, 90.610, 90.620,
90.630, 90.632, 90.635, 90.675, 90.775, 91.120, 105.112, 105.115,
105.138, 105.165 and 316.153;'.
In line 4, after 'ORS' insert '90.770,' and after ' 105.154'
insert 'and section 28, chapter 104, Oregon Laws 2001'.
In line 7, after 'may' insert 'only'.
In line 8, delete 'only'.
In line 18, after 'That' insert ', in the case of a dwelling
unit to which ORS chapter 90 does not apply,'.
On page 2, line 41, before '48-hour' insert '24-hour or'.
On page 3, line 9, after 'for' insert 'a' and delete '
violations' and insert 'violation'.
In line 10, delete '(5)' and insert '(4)'.
In line 18, after 'UPON' insert ', IF ANY,'.
In line 23, after 'costs' insert ', disbursements'.
On page 4, delete lines 9 and 10.
On page 5, line 18, after 'this' insert 'first'.
In line 20, after 'court' insert 'and your landlord does'.
In line 28, delete 'judge' and insert 'court'.
On page 6, line 20, delete 'and'.
In line 23, delete the period and insert '; and
' (d) Payment of any costs, disbursements or attorney fees
pursuant to a schedule provided in the order.
' (3) The order shall contain a statement providing that 12
months following the entry of the order, the court shall
automatically dismiss the order without further notice to either
the plaintiff or the defendant.'.
In line 24, delete '(3)' and insert '(4)'.
In line 25, after 'affidavit' insert 'of noncompliance'.
In line 29, delete '(4)' and insert '(5)'.
In line 34, delete '(5)' and insert '(6)' and delete ' clerk'
and insert 'court'.
In line 40, delete 'completion of the execution process ' and
insert 'issuance by the clerk of a writ of execution of judgment
of restitution'.
On page 8, delete lines 1 and 2.
In line 3, delete '(b)' and insert '(a)'.
In line 4, delete '(c)' and insert '(b)'.
In line 5, delete '(d)' and insert '(c)'.
In line 22, after 'claims' insert 'must be pursuant to ORS
chapter 90 or the rental agreement and'.
In line 26, after 'clerk' delete the rest of the line and lines
27 and 28 and insert 'may issue a writ of execution of judgment
of restitution. The clerk may not issue the writ earlier than 24
hours after the court's ruling. Further notice to the defendant
is not'.
Delete line 31.
In line 32, delete 'upon'.
In line 37, after 'order' insert 'and without further notice to
either party'.
Delete line 40 and insert:
' (b) Twelve months following entry of the order'.
In line 41, delete 'completion of the period covered by the
order'.
In line 45, after 'may' insert 'only'.
On page 10, line 17, delete 'Except as provided in section 15'
and insert 'If a court entered a judgment other than pursuant to
section 10'.
On page 14, after line 10, insert:
' { + SECTION 22. + } { + Sections 23 and 24 of this 2001
Act are added to and made a part of ORS 90.505 to 90.840. + }
' { + SECTION 23. + } { + A rental agreement for a space for
a manufactured dwelling or floating home must be a month-to-month
or fixed term tenancy. A rental agreement for a fixed term
tenancy must have a duration or term of at least two years. + }
' { + SECTION 24. + } { + (1) Except if renewed or extended
as provided by this section, a fixed term tenancy for space for a
manufactured dwelling or floating home shall, upon reaching its
ending date, automatically renew as a month-to-month tenancy
having the same terms and conditions, other than duration and
rent increases pursuant to ORS 90.600, unless the tenancy is
terminated pursuant to ORS 90.380 (3)(b), 90.400 (2), (3) or (9),
90.630 or 90.632.
' (2) To renew or extend a fixed term tenancy for another term,
of any duration that is consistent with section 23 of this 2001
Act, the landlord shall submit the proposed new rental agreement
to the tenant at least 60 days prior to the ending date of the
term. The landlord shall include with the proposed agreement a
written statement that summarizes any new or revised terms,
conditions, rules or regulations.
' (3) Notwithstanding ORS 90.610 (3), a landlord's proposed new
rental agreement may include new or revised terms, conditions,
rules or regulations, if the new or revised terms, conditions,
rules or regulations:
' (a)(A) Fairly implement a statute or ordinance adopted after
the creation of the existing agreement; or
' (B) Are the same as those offered to new or prospective
tenants in the facility at the time the proposed agreement is
submitted to the tenant and for the six-month period preceding
the submission of the proposed agreement or, if there have been
no new or prospective tenants during the six-month period, are
the same as are customary for the rental market;
' (b) Are consistent with the rights and remedies provided to
tenants under ORS chapter 90, including the right to keep a pet
pursuant to ORS 90.530;
' (c) Do not relate to the age, size, style, construction
material or year of construction of the manufactured dwelling or
floating home contrary to ORS 90.632 (2); and
' (d) Do not require an alteration of the manufactured dwelling
or floating home or alteration or new construction of an
accessory building or structure.
' (4) A tenant shall accept or reject a landlord's proposed new
rental agreement at least 30 days prior to the ending of the term
by giving written notice to the landlord.
' (5) If a landlord fails to submit a proposed new rental
agreement as provided by subsection (2) of this section, the
tenancy renews as a month-to-month tenancy as provided by
subsection (1) of this section.
' (6) If a tenant fails to accept or unreasonably rejects a
landlord's proposed new rental agreement as provided by
subsection (4) of this section, the fixed term tenancy terminates
on the ending date without further notice and the landlord may
take possession by complying with ORS 105.105 to 105.168.
' (7) If a tenancy terminates under conditions described in
subsection (6) of this section, and the tenant surrenders or
delivers possession of the premises to the landlord prior to the
filing of an action pursuant to ORS 105.110, the tenant has the
right to enter into a written storage agreement with the
landlord, with the tenant having the same rights and
responsibilities as a lienholder under ORS 90.675 (18), except
that the landlord may limit the term of the storage agreement to
not exceed six months. Unless the parties agree otherwise, the
storage agreement must commence upon the date of the termination
of the tenancy. The rights under ORS 90.675 of any lienholder are
delayed until the end of the tenant storage agreement. + }
' { + SECTION 25. + } { + ORS 90.770 is repealed and section
26 of this 2001 Act is enacted in lieu thereof. + }
' { + SECTION 26. + } { + (1) In order to foster the role of
the Manufactured Dwelling Park Ombudsman in mediating and
resolving disputes between landlords and tenants of manufactured
dwelling and floating home facilities, the Housing and Community
Services Department shall establish procedures to maintain the
confidentiality of information received by the ombudsman
pertaining to individual landlords and tenants of facilities and
to landlord-tenant disputes. The procedures must comply with the
provisions of this section.
' (2) Except as provided in subsection (3) of this section, the
department shall treat as confidential and not disclose:
' (a) The identity of a landlord, tenant or complainant
involved in a dispute or of a person who provides information to
the department in response to a department investigation of a
dispute;
' (b) Information provided to the department by a landlord,
tenant, complainant or other person relating to a dispute; or
' (c) Information discovered by the department in investigating
a dispute.
' (3) The department may disclose:
' (a) Information described in subsection (2) of this section
to a state agency; and
' (b) Information described in subsection (2) of this section
if the landlord, tenant, complainant or other person who provided
the information being disclosed, or the legal representative
thereof, consents orally or in writing to the disclosure and
specifies to whom the disclosure may be made. Only the landlord,
tenant, complainant or other person who provided the information
to the department may authorize or deny the disclosure of the
information.
' (4) This section does not prohibit the department from
compiling and disclosing examples and statistics that demonstrate
information such as the type of dispute, frequency of occurrence
and geographical area where the dispute occurred if the identity
of the landlord, tenant, complainant and other persons are
protected. + }
' { + SECTION 27. + } ORS 90.100 is amended to read:
' 90.100. Subject to additional definitions contained in this
chapter that apply to specific sections or parts thereof, and
unless the context otherwise requires, in this chapter:
' (1) 'Accessory building or structure' means any portable,
demountable or permanent structure, including but not limited to
cabanas, ramadas, storage sheds, garages, awnings, carports,
decks, steps, ramps, piers and pilings, that is:
' (a) Owned and used solely by a tenant of a manufactured
dwelling or floating home; or
' (b) Provided pursuant to a written rental agreement for the
sole use of and maintenance by a tenant of a manufactured
dwelling or floating home.
' (2) 'Action' includes recoupment, counterclaim, setoff, suit
in equity and any other proceeding in which rights are
determined, including an action for possession.
' (3) 'Applicant screening charge' means any payment of money
required by a landlord of an applicant prior to entering into a
rental agreement with that applicant for a residential dwelling
unit, the purpose of which is to pay the cost of processing an
application for a rental agreement for a residential dwelling
unit.
' (4) 'Building and housing codes' include any law, ordinance
or governmental regulation concerning fitness for habitation, or
the construction, maintenance, operation, occupancy, use or
appearance of any premises or dwelling unit.
' { + (5) 'Conduct' means the commission of an act or the
failure to act. + }
' { - (5) - } { + (6) + } 'Dealer' means any person in the
business of selling, leasing or distributing new or used
manufactured dwellings or floating homes to persons who purchase
or lease a manufactured dwelling or floating home for use as a
residence.
' { - (6) - } { + (7) + } 'Drug and alcohol free housing'
means a rental agreement as described in ORS 90.243.
' { - (7) - } { + (8) + } 'Dwelling unit' means a structure
or the part of a structure that is used as a home, residence or
sleeping place by one person who maintains a household or by two
or more persons who maintain a common household. 'Dwelling unit'
regarding a person who rents a space for a manufactured dwelling
or recreational vehicle or regarding a person who rents moorage
space for a floating home as defined in ORS 830.700, but does not
rent the home, means the space rented and not the manufactured
dwelling, recreational vehicle or floating home itself.
' { - (8) - } { + (9) + } 'Essential service' means:
' (a) For a tenancy not consisting of rental space for a
manufactured dwelling, floating home or recreational vehicle
owned by the tenant and not otherwise subject to ORS 90.505 to
90.840:
' (A) Heat, plumbing, hot and cold running water, gas,
electricity, light fixtures, locks for exterior doors, latches
for windows and any cooking appliance or refrigerator supplied or
required to be supplied by the landlord; and
' (B) Any other service or habitability obligation imposed by
the rental agreement or ORS 90.320, the lack or violation of
which creates a serious threat to the tenant's health, safety or
property or makes the dwelling unit unfit for occupancy.
' (b) For a tenancy consisting of rental space for a
manufactured dwelling, floating home or recreational vehicle
owned by the tenant or that is otherwise subject to ORS 90.505 to
90.840:
' (A) Sewage disposal, water supply, electrical supply and, if
required by applicable law, any drainage system; and
' (B) Any other service or habitability obligation imposed by
the rental agreement or ORS 90.730, the lack or violation of
which creates a serious threat to the tenant's health, safety or
property or makes the rented space unfit for occupancy.
' { - (9) - } { + (10) + } 'Facility' means:
' (a) A place where four or more manufactured dwellings are
located, the primary purpose of which is to rent space or keep
space for rent to any person for a fee; or
' (b) A moorage of contiguous dwelling units that may be
legally transferred as a single unit and are owned by one person
where four or more floating homes are secured, the primary
purpose of which is to rent space or keep space for rent to any
person for a fee.
' { - (10) - } { + (11) + } 'Facility purchase association'
means a group of three or more tenants who reside in a facility
and have organized for the purpose of eventual purchase of the
facility.
' { - (11) - } { + (12) + } 'Fee' means a nonrefundable
payment of money.
' { - (12) - } { + (13) + } 'First class mail' does not
include certified or registered mail, or any other form of mail
that may delay or hinder actual delivery of mail to the
recipient.
' { + (14) 'Fixed term tenancy' means a tenancy that has a
fixed term of existence, continuing to a specific ending date and
terminating on that date without requiring further notice to
effect the termination. + }
' { - (13) - } { + (15) + } 'Floating home' has the meaning
given that term in ORS 830.700. As used in this chapter,
'floating home' includes an accessory building or structure.
' { - (14) - } { + (16) + } 'Good faith' means honesty in
fact in the conduct of the transaction concerned.
' { - (15) - } { + (17) + } 'Hotel or motel' means 'hotel'
as that term is defined in ORS 699.005.
' { - (16) - } { + (18) + } 'Informal dispute resolution'
means, but is not limited to, consultation between the landlord
or landlord's agent and one or more tenants, or mediation
utilizing the services of a third party.
' { - (17) - } { + (19) + } 'Landlord' means the owner,
lessor or sublessor of the dwelling unit or the building or
premises of which it is a part. 'Landlord' includes a person who
is authorized by the owner, lessor or sublessor to manage the
premises or to enter into a rental agreement.
' { - (18) - } { + (20) + } 'Landlord's agent' means a
person who has oral or written authority, either express or
implied, to act for or on behalf of a landlord.
' { - (19) - } { + (21) + } 'Last month's rent deposit'
means a type of security deposit, however designated, the primary
function of which is to secure the payment of rent for the last
month of the tenancy.
' { - (20) - } { + (22) + } 'Manufactured dwelling' means a
residential trailer, a mobile home or a manufactured home as
those terms are defined in ORS 446.003 (26). 'Manufactured
dwelling' includes an accessory building or structure.
'Manufactured dwelling' does not include a recreational vehicle.
' { - (21) - } { + (23) + } 'Manufactured dwelling park' has
the meaning given that term in ORS 446.003.
' { + (24) 'Month-to-month tenancy' means a tenancy that
automatically renews and continues for successive monthly periods
on the same terms and conditions originally agreed to, or as
revised by the parties, until terminated by one or both of the
parties. + }
' { - (22) - } { + (25) + } 'Organization' includes a
corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or
more persons having a joint or common interest, and any other
legal or commercial entity.
' { - (23) - } { + (26) + } 'Owner' includes a mortgagee in
possession and means one or more persons, jointly or severally,
in whom is vested:
' (a) All or part of the legal title to property; or
' (b) All or part of the beneficial ownership and a right to
present use and enjoyment of the premises.
' { - (24) - } { + (27) + } 'Person' includes an individual
or organization.
' { - (25) - } { + (28) + } 'Premises' means a dwelling unit
and the structure of which it is a part and facilities and
appurtenances therein and grounds, areas and facilities held out
for the use of tenants generally or whose use is promised to the
tenant.
' { - (26) - } { + (29) + } 'Prepaid rent' means any payment
of money to the landlord for a rent obligation not yet due. In
addition, ' prepaid rent' means rent paid for a period extending
beyond a termination date.
' { - (27) - } { + (30) + } 'Recreational vehicle' has the
meaning given that term in ORS 446.003.
' { - (28) - } { + (31) + } 'Rent' means any payment to be
made to the landlord under the rental agreement, periodic or
otherwise, in exchange for the right of a tenant and any
permitted pet to occupy a dwelling unit to the exclusion of
others. 'Rent' does not include security deposits, fees or
utility or service charges as described in ORS 90.315 (4) and
90.510 (8).
' { - (29) - } { + (32) + } 'Rental agreement' means all
agreements, written or oral, and valid rules and regulations
adopted under ORS 90.262 or 90.510 (6) embodying the terms and
conditions concerning the use and occupancy of a dwelling unit
and premises. 'Rental agreement' includes a lease. A rental
agreement shall be either a week-to-week tenancy, month-to-month
tenancy or fixed term tenancy.
' { - (30) - } { + (33) + } 'Roomer' means a person
occupying a dwelling unit that does not include a toilet and
either a bathtub or a shower and a refrigerator, stove and
kitchen, all provided by the landlord, and where one or more of
these facilities are used in common by occupants in the
structure.
' { - (31) - } { + (34) + } 'Screening or admission
criteria' means a written statement of any factors a landlord
considers in deciding whether to accept or reject an applicant
and any qualifications required for acceptance. 'Screening or
admission criteria ' includes, but is not limited to, the rental
history, character references, public records, criminal records,
credit reports, credit references and incomes or resources of the
applicant.
' { - (32) - } { + (35) + } 'Security deposit' means any
refundable payment or deposit of money, however designated, the
primary function of which is to secure the performance of a
rental agreement or any part of a rental agreement, but does not
mean a fee.
' { - (33) - } { + (36) + } 'Squatter' means a person
occupying a dwelling unit who is not so entitled under a rental
agreement or who is not authorized by the tenant to occupy that
dwelling unit. 'Squatter ' does not include a tenant who holds
over as described in ORS 90.427 (4).
' { - (34) - } { + (37) + } 'Statement of policy' means the
summary explanation of information and facility policies to be
provided to prospective and existing tenants under ORS 90.510.
' { - (35) - } { + (38) + } 'Surrender' means an agreement,
express or implied, as described in ORS 90.148 between a landlord
and tenant to terminate a rental agreement that gave the tenant
the right to occupy a dwelling unit.
' { - (36) - } { + (39) + } 'Tenant' means a person,
including a roomer, entitled under a rental agreement to occupy a
dwelling unit to the exclusion of others, including a dwelling
unit owned, operated or controlled by a public housing authority.
'Tenant' also includes a minor, as defined and provided for in
ORS 109.697. As used in ORS 90.505 to 90.840, 'tenant' includes
only a person who owns and occupies as a residence a manufactured
dwelling or a floating home in a facility and persons residing
with that tenant under the terms of the rental agreement.
' { - (37) - } { + (40) + } 'Transient lodging' means a room
or a suite of rooms.
' { - (38) - } { + (41) + } 'Transient occupancy' means
occupancy in transient lodging that has all of the following
characteristics:
' (a) Occupancy is charged on a daily basis and is not
collected more than six days in advance;
' (b) The lodging operator provides maid and linen service
daily or every two days as part of the regularly charged cost of
occupancy; and
' (c) The period of occupancy does not exceed 30 days.
' { - (39) - } { + (42) + } 'Vacation occupancy' means
occupancy in a dwelling unit, not including transient occupancy
in a hotel or motel, that has all of the following
characteristics:
' (a) The occupant rents the unit for vacation purposes only,
not as a principal residence;
' (b) The occupant has a principal residence other than at the
unit; and
' (c) The period of authorized occupancy does not exceed 45
days.
' { - (40) - } { + (43) + } 'Week-to-week tenancy' means a
tenancy that has all of the following characteristics:
' (a) Occupancy is charged on a weekly basis and is payable no
less frequently than every seven days;
' (b) There is a written rental agreement that defines the
landlord's and the tenant's rights and responsibilities under
this chapter; and
' (c) There are no fees or security deposits, although the
landlord may require the payment of an applicant screening
charge, as provided in ORS 90.295.'.
In line 11, delete '22' and insert '28'.
In line 17, delete 'by a purchaser'.
In line 18, after 'days' insert 'by a purchaser'.
In line 37, delete '23' and insert '29'.
On page 15, after line 11, insert:
' { + SECTION 29a. + } ORS 90.155 is amended to read:
' 90.155. (1) Except as provided in ORS 90.300, 90.425 and
90.675, where this chapter requires written notice, service or
delivery of that written notice shall be executed by one or more
of the following methods:
' (a) Personal delivery to the landlord or tenant;
' (b) First class mail to the landlord or tenant; or
' (c) If a written rental agreement so provides, both first
class mail and attachment to a designated location. In order for
a written rental agreement to provide for mail and attachment
service of written notices from the landlord to the tenant, the
agreement must also provide for such service of written notices
from the tenant to the landlord. Mail and attachment service of
written notices shall be executed as follows:
' (A) For written notices from the landlord to the tenant, the
first class mail notice copy shall be addressed to the tenant at
the premises and the second notice copy shall be attached in a
secure manner to the main entrance to that portion of the
premises of which the tenant has possession; and
' (B) For written notices from the tenant to the landlord, the
first class mail notice copy shall be addressed to the landlord
at an address as designated in the written rental agreement and
the second notice copy shall be attached in a secure manner to
the landlord's designated location, which shall be described with
particularity in the written rental agreement, reasonably located
in relation to the tenant and available at all hours.
' (2) If a notice is served by mail, the minimum period for
compliance or termination of tenancy, as appropriate, shall be
extended by three days, and the notice shall include the
extension in the period provided.
' (3) A landlord or tenant may utilize alternative methods of
notifying the other so long as the alternative method is in
addition to one of the service methods described in subsection
(1) of this section.
' { + (4) Notwithstanding ORS 90.510 (4), after 30 days'
written notice, a landlord may unilaterally amend a rental
agreement for a manufactured dwelling or floating home that is
subject to ORS 90.505 to 90.840 to provide for service or
delivery of written notices by mail and attachment service as
provided by subsection (1)(c) of this section. + } ' .
In line 12, delete '24' and insert '30'.
In line 32, delete '25' and insert '31'.
On page 17, line 5, delete '26' and insert '32'.
In line 23, after 'unlawful' insert ', but not unsafe,'.
In line 25, delete 'the tenant must vacate the unit and a ' and
insert 'although the unit is safe for an existing tenant to
occupy, another'.
On page 18, line 10, after 'secure' insert 'the execution of'.
In line 28, after 'secure' insert 'the'.
In line 29, after 'the' insert 'applicant under this section or
to the'.
On page 19, line 12, delete '27' and insert '33'.
On page 22, after line 4, insert:
' { + SECTION 34. + } ORS 90.415 is amended to read:
' 90.415. (1) Except as otherwise provided in this section, a
landlord waives the right to terminate a rental agreement for a
particular breach if the landlord:
' (a) During two or more separate rental periods, accepts rent
with knowledge of the default by the tenant; or
' (b) Accepts performance by a tenant that varies from the
terms of the rental agreement.
' (2) For purposes of subsection (1)(a) of this section, a
landlord has not accepted rent if within six days after receipt
of the rent payment, the landlord refunds the rent.
' (3) A landlord does not waive the right to terminate as
described in subsection (1)(a) of this section if the termination
is pursuant to ORS 90.400 (3).
' (4) A landlord does not waive the right to terminate as
described in subsection (1) of this section if the landlord and
tenant agree otherwise after the breach has occurred.
' { + (5) If a tenancy consists of rented space for a
manufactured dwelling or floating home as described in ORS
90.505, a landlord does not waive the right to terminate as
described in subsection (1) of this section if:
' (a) The breach or default at issue concerns:
' (A) Disrepair or deterioration of the manufactured dwelling
or floating home pursuant to ORS 90.632; or
' (B) A failure to maintain the space, as provided by ORS
90.740 (2), (4)(b) and (4)(h); or
' (b) The breach or default at issue concerns the tenant's
conduct and, following the breach or default, but prior to
acceptance of rent or performance as described in subsection (1)
of this section, the landlord gives written notice to the tenant
regarding the breach or default that:
' (A) Describes specifically the conduct that constitutes the
breach or default, either as a separate and distinct breach or
default, a series or group of breaches or defaults or a
continuous or ongoing breach or default;
' (B) States that the tenant is required to discontinue the
conduct or correct the breach or default; and
' (C) States that a reoccurrence of the conduct that
constitutes a breach or default may result in a termination of
the tenancy pursuant to ORS 90.630. For a continuous or ongoing
breach or default, the landlord's notice remains effective for 12
months. + }
' { - (5) - } { + (6) + } Prior to giving a nonpayment of
rent termination notice pursuant to ORS 90.400 (2), a landlord
who accepts partial rent for a rental period does not waive the
right to terminate for nonpayment if:
' (a) The landlord accepted the partial rent before the
landlord gave any notice of intent to terminate under ORS 90.400
(2) based on the tenant's agreement to pay the balance by a time
certain; and
' (b) The tenant does not pay the balance of the rent as
agreed.
' { - (6) - } { + (7) + } A landlord who accepts partial
rent under subsection { - (5) - } { + (6) + } of this section
may proceed to serve a notice under ORS 90.400 (2) to terminate
the tenancy if the balance of the rent is not paid, provided:
' (a) The notice is served no earlier than it would have been
permitted under ORS 90.400 (2) had no rent been accepted; and
' (b) The notice permits the tenant to avoid termination of the
tenancy for nonpayment of rent by paying the balance within 72
hours or 144 hours, as the case may be, or by any date to which
the parties agreed, whichever is later.
' { - (7) - } { + (8) + } After giving a nonpayment of rent
termination notice pursuant to ORS 90.400 (2), a landlord who
accepts partial rent for a rental period does not waive the right
to terminate for nonpayment if the landlord and tenant agree in
writing that the acceptance does not constitute waiver.
' { - (8) - } { + (9) + } A written agreement under
subsection { - (7) - } { + (8) + } of this section may
provide that the landlord may proceed to terminate the rental
agreement and take possession in the manner provided by ORS
105.105 to 105.168 without serving a new notice under ORS 90.400
(2) in the event the tenant fails to pay the balance of the rent
by a time certain.
' { - (9) - } { + (10) + } A landlord's acceptance of
partial rent for a rental period does not waive the right to
terminate the rental agreement if the entire amount of the
partial payment was from funds paid under the United States
Housing Act of 1937 (42 U.S.C. 1437f) or any state low income
rental housing fund administered by the Housing and Community
Services Department.
' { - (10) - } { + (11) + } A landlord who accepts rent
after the giving of a notice of termination by the landlord or
the tenant, other than a nonpayment of rent notice, does not
waive the right to terminate on that notice if:
' (a) The landlord accepts rent prorated to the termination
date specified in the notice; or
' (b) Within six days after receipt of the rent payment, the
landlord refunds at least the unused balance of the rent prorated
for the period beyond the termination date.
' { - (11) - } { + (12) + } A landlord who has served a
notice of termination for cause under ORS 90.400 (1), 90.630 or
90.632 does not waive the right to terminate on that notice by
accepting rent for the rental period and beyond the period
covered by the notice if within six days after the end of the
remedy or correction period described in the applicable statute,
the landlord refunds the rent for the period beyond the
termination date.
' { - (12) - } { + (13) + } A landlord who has served a
notice of termination for cause under ORS 90.400 (1), 90.630 or
90.632 and who has commenced proceedings under ORS 105.105 to
105.168 to recover possession of the premises does not waive the
right to terminate on that notice:
' (a) By accepting rent for any period beyond the expiration of
the notice during which the tenant remains in possession
provided:
' (A) The landlord notifies the tenant in writing, in or after
the service of the notice of termination for cause, that
acceptance of rent while a termination action is pending will not
waive the right to terminate on that notice; and
' (B) The rent does not cover a period extending beyond the
date of its acceptance.
' (b) By serving a notice of nonpayment of rent under ORS
90.400 (2).
' { - (13) - } { + (14) + } A landlord and tenant may by
written agreement provide that monthly rent shall be paid in
regular installments of less than a month pursuant to a schedule
specified in the agreement. Those installment rent payments
{ - shall - } { + are + } not { - be considered to be - }
partial rent, as that term is used in this section.
' { - (14) - } { + (15) + } Unless otherwise agreed, a
landlord does not waive the right to terminate as described in
subsection (1) of this section by accepting:
' (a) A last month's rent deposit collected at the beginning of
the tenancy, even if the deposit covers a period beyond a
termination date; or
' (b) Rent distributed pursuant to a court order releasing
money paid into court as provided by ORS 90.370 (1).
' { - (15) - } { + (16) + } When a landlord must refund rent
under this section, the refund shall be made to the tenant or
other payer by personal delivery or first class mail and may be
in the form of the tenant's or other payer's check or any other
form of check or money.
' { + SECTION 35. + } ORS 90.425 is amended to read:
' 90.425. (1) As used in this section:
' (a) 'Current market value' means the amount in cash, as
determined by the county assessor, that could reasonably be
expected to be paid for a manufactured dwelling or floating home
by an informed buyer to an informed seller, each acting without
compulsion in an arm's length transaction occurring on the
assessment date for the tax year or on the date of a subsequent
reappraisal by the county assessor.
' (b) 'Dispose of the personal property' means that, if
reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization
or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
' (c) 'Goods' includes those goods left inside a recreational
vehicle, manufactured dwelling or floating home or left upon the
rental space outside a recreational vehicle, manufactured
dwelling or floating home, whether the recreational vehicle,
dwelling or home is located inside or outside of a facility.
' (d) 'Lienholder' means any lienholder of an abandoned
recreational vehicle, manufactured dwelling or floating home, if
the lien is of record or the lienholder is actually known to the
landlord.
' { + (e) 'Of record' means:
' (A) For a manufactured dwelling or recreational vehicle, that
a security interest has been properly recorded with the
Department of Transportation pursuant to ORS 802.200 (1)(a)(A)
and 803.097 for a dwelling or vehicle registered and titled by
the department pursuant to ORS 820.500.
' (B) For a floating home, that a security interest has been
properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the
board pursuant to ORS 830.715. + }
' { - (e) - } { + (f) + } 'Owner' means any owner of an
abandoned recreational vehicle, manufactured dwelling or floating
home, if different from the tenant and either of record or
actually known to the landlord.
' { - (f) - } { + (g) + } 'Personal property' means goods,
vehicles and recreational vehicles and includes manufactured
dwellings and floating homes not located in a facility. 'Personal
property' does not include manufactured dwellings and floating
homes located in a facility and therefore subject to being
stored, sold or disposed of as provided under ORS 90.675.
' (2) A landlord { - shall - } { + may + } not store, sell
or dispose of abandoned personal property except as provided by
this section. This section governs the rights and obligations of
landlords, tenants and any lienholders or owners in any personal
property abandoned or left upon the premises by the tenant or any
lienholder or owner in the following circumstances:
' (a) The tenancy has ended by termination or expiration of a
rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the personal property upon
the premises with no intention of asserting any further claim to
the premises or to the personal property;
' (b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
' (c) The landlord elects to remove the personal property
pursuant to ORS 105.165.
' (3) Prior to selling or disposing of the tenant's personal
property under this section, the landlord must give a written
notice to the tenant { - which - } { + that + } shall be:
' (a) Personally delivered to the tenant; or
' (b) Sent by first class mail addressed and mailed to the
tenant at:
' (A) The premises;
' (B) Any post-office box held by the tenant and actually known
to the landlord; and
' (C) The most recent forwarding address if provided by the
tenant or actually known to the landlord.
' (4)(a) In addition to the notice required by subsection (3)
of this section, in the case of an abandoned recreational
vehicle, manufactured dwelling or floating home, a landlord shall
also give a copy of the notice described in subsection (3) of
this section to:
' (A) Any lienholder of the recreational vehicle, manufactured
dwelling or floating home;
' (B) Any owner of the recreational vehicle, manufactured
dwelling or floating home;
' (C) The tax collector of the county where the manufactured
dwelling or floating home is located; and
' (D) The assessor of the county where the manufactured
dwelling or floating home is located.
' (b) The landlord shall give the notice copy required by this
subsection by personal delivery or first class mail, except that
for any lienholder, mail service shall be { + both + } by first
class mail { - with certificate of mailing - } { + and by
certified mail with return receipt requested + }.
' { + (c) A notice to lienholders under paragraph (a)(A) of
this subsection must be sent to each lienholder at each address:
' (A) Actually known to the landlord;
' (B) Of record; and
' (C) Provided to the landlord by the lienholder in a written
notice that identifies the personal property subject to the lien
and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice
must identify the personal property by describing the physical
address of the property. + }
' (5) The notice required under subsection (3) of this section
shall state that:
' (a) The personal property left upon the premises is
considered abandoned;
' (b) The tenant or any lienholder or owner must contact the
landlord by a specified date, as provided in subsection (6) of
this section, to arrange for the removal of the abandoned
personal property;
' (c) The personal property is stored at a place of
safekeeping, except that if the property includes a manufactured
dwelling or floating home, the dwelling or home shall be stored
on the rented space;
' (d) The tenant or any lienholder or owner, except as provided
by subsection (17) of this section, may arrange for removal of
the personal property by contacting the landlord at a described
telephone number or address on or before the specified date;
' (e) The landlord shall make the personal property available
for removal by the tenant or any lienholder or owner, except as
provided by subsection (17) of this section, by appointment at
reasonable times;
' (f) If the personal property is considered to be abandoned
pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of removal and storage charges, as
provided by subsection (7)(d) of this section, prior to releasing
the personal property to the tenant or any lienholder or owner;
' (g) If the personal property is considered to be abandoned
pursuant to subsection (2)(c) of this section, the landlord
{ - shall - } { + may + } not require payment of storage
charges prior to releasing the personal property;
' (h) If the tenant or any lienholder or owner fails to contact
the landlord by the specified date, or after that contact, fails
to remove the personal property within 30 days for recreational
vehicles, manufactured dwellings and floating homes or 15 days
for all other personal property, the landlord may sell or dispose
of the personal property. If the landlord reasonably believes
that the personal property will be eligible for disposal pursuant
to subsection (10)(b) of this section and the landlord intends to
dispose of the property if it is not claimed, the notice shall
state that belief and intent; and
' (i) If the personal property includes a recreational vehicle,
manufactured dwelling or floating home and if applicable, there
is a lienholder or owner that has a right to claim the
recreational vehicle, dwelling or home, except as provided by
subsection (17) of this section.
' (6) For purposes of subsection (5) of this section, the
specified date by which a tenant, lienholder or owner must
contact a landlord to arrange for the disposition of abandoned
personal property shall be:
' (a) For abandoned recreational vehicles, manufactured
dwellings or floating homes, not less than 45 days after personal
delivery or { - first class - } mailing of the notice; or
' (b) For all other abandoned personal property, not less than
five days after personal delivery or eight days after { - first
class - } mailing of the notice.
' (7) After notifying the tenant as required by subsection (3)
of this section, the landlord:
' (a) Shall store any abandoned manufactured dwelling or
floating home on the rented space and shall exercise reasonable
care for the dwelling or home;
' (b) Shall store all other abandoned personal property of the
tenant, including goods left inside a recreational vehicle,
manufactured dwelling or floating home or left upon the rented
space outside a recreational vehicle, dwelling or home, in a
place of safekeeping and shall exercise reasonable care for the
personal property, except that the landlord may:
' (A) Promptly dispose of rotting food; and
' (B) Allow an animal control agency to remove any abandoned
pets or livestock. If an animal control agency will not remove
the abandoned pets or livestock, the landlord shall exercise
reasonable care for the animals given all the circumstances,
including the type and condition of the animals, and may give the
animals to an agency that is willing and able to care for the
animals, such as a humane society or similar organization;
' (c) Except for manufactured dwellings and floating homes, may
store the abandoned personal property at the dwelling unit, move
and store it elsewhere on the premises or move and store it at a
commercial storage company or other place of safekeeping; and
' (d) { - Shall be - } { + Is + } entitled to reasonable or
actual storage charges and costs incidental to storage or
disposal, including any cost of removal to a place of storage. In
the case of an abandoned manufactured dwelling or floating home,
the storage charge shall be no greater than the monthly space
rent last payable by the tenant.
' (8) If a tenant, lienholder or owner, upon the receipt of the
notice provided by subsection (3) or (4) of this section or
otherwise, responds by actual notice to the landlord on or before
the specified date in the landlord's notice that the tenant,
lienholder or owner intends to remove the personal property from
the premises or from the place of safekeeping, the landlord must
make that personal property available for removal by the tenant,
lienholder or owner by appointment at reasonable times during the
next 15 days or, in the case of a recreational vehicle,
manufactured dwelling or floating home, 30 days, subject to
subsection (17) of this section. If the personal property is
considered to be abandoned pursuant to subsection (2)(a) or (b)
of this section, but not pursuant to subsection (2)(c) of this
section, the landlord may require payment of removal and storage
charges, as provided in subsection (7)(d) of this section, prior
to allowing the tenant, lienholder or owner to remove the
personal property. Acceptance by a landlord of such payment
{ - shall - } { + does + } not operate to create or reinstate
a tenancy or create a waiver pursuant to ORS 90.415.
' (9) Except as provided in subsections (17) to (19) of this
section, if the tenant, lienholder or owner of a recreational
vehicle, manufactured dwelling or floating home does not respond
within the time provided by the landlord's notice, or the tenant,
lienholder or owner does not remove the personal property within
the time required by subsection (8) of this section or by any
date agreed to with the landlord, whichever is later, the
tenant's, lienholder's or owner's personal property { - shall
be - } { + is + } conclusively presumed to be abandoned. The
tenant and any lienholder or owner that have been given notice
pursuant to subsection (3) or (4) of this section shall, except
with regard to the distribution of sale proceeds pursuant to
subsection (12) of this section, have no further right, title or
interest to the personal property and may not claim or sell the
property.
' (10) If the personal property is presumed to be abandoned
under subsection (9) of this section, the landlord then may:
' (a) Sell the personal property at a public or private sale,
provided that prior to the sale of a recreational vehicle,
manufactured dwelling or floating home:
' (A) The landlord may seek to transfer the certificate of
title and registration to the personal property by complying with
the requirements of the appropriate state agency; and
' (B) The landlord shall:
' (i) Place a notice in a newspaper of general circulation in
the county in which the recreational vehicle, manufactured
dwelling or floating home is located. The notice shall state:
' (I) That the recreational vehicle, manufactured dwelling or
floating home is abandoned;
' (II) The tenant's and owner's name, if of record or actually
known to the landlord;
' (III) The address and any space number where the recreational
vehicle, manufactured dwelling or floating home is located, and
if actually known to the landlord, the plate, registration or
other identification number as noted on the certificate of title;
' (IV) Whether the sale is by private bidding or public
auction;
' (V) Whether the landlord is accepting sealed bids and, if so,
the last date on which bids will be accepted; and
' (VI) The name and telephone number of the person to contact
to inspect the recreational vehicle, manufactured dwelling or
floating home;
' (ii) At a reasonable time prior to the sale, give a copy of
the notice required by sub-subparagraph (i) of this subparagraph
to the tenant and to any lienholder and owner, by personal
delivery or first class mail, except that for any lienholder,
mail service shall be by first class mail with certificate of
mailing;
' (iii) Obtain an affidavit of publication from the newspaper
to show that the notice required under sub-subparagraph (i) of
this subparagraph ran in the newspaper at least one day in each
of two consecutive weeks prior to the date scheduled for the sale
or the last date bids will be accepted; and
' (iv) Obtain written proof from the county that all property
taxes on the manufactured dwelling or floating home have been
paid or, if not paid, that the county has authorized the sale,
with the sale proceeds to be distributed pursuant to subsection
(12) of this section;
' (b) Destroy or otherwise dispose of the personal property if
the landlord determines that:
' (A) For a manufactured dwelling or floating home, the current
market value of the property is $3,500 or less as determined by
the county assessor; or
' (B) For all other personal property, the reasonable current
fair market value is $500 or less or so low that the cost of
storage and conducting a public sale probably exceeds the amount
that would be realized from the sale; or
' (c) Consistent with paragraphs (a) and (b) of this
subsection, sell certain items and destroy or otherwise dispose
of the remaining personal property.
' (11)(a) A public or private sale authorized by this section
shall:
' (A) For a recreational vehicle, manufactured dwelling or
floating home, be conducted consistent with the terms listed in
subsection (10)(a)(B)(i) of this section. Every aspect of the
sale including the method, manner, time, place and terms must be
commercially reasonable; or
' (B) For all other personal property, be conducted under the
provisions of ORS 79.5040 (3).
' (b) If there is no buyer at a sale of a manufactured dwelling
or floating home, the personal property { - shall be - } { +
is + } considered to be worth $3,500 or less, regardless of
current market value, and the landlord may destroy or otherwise
dispose of the personal property.
' (12)(a) The landlord may deduct from the proceeds of the
sale:
' (A) The reasonable or actual cost of notice, storage and
sale; and
' (B) Unpaid rent.
' (b) If the sale was of a manufactured dwelling or floating
home, after deducting the amounts listed in paragraph (a) of this
subsection, the landlord shall remit the remaining proceeds, if
any, to the county tax collector to the extent of any unpaid
property taxes owed on the dwelling or home.
' (c) If the sale was of a recreational vehicle, manufactured
dwelling or floating home, after deducting the amounts listed in
paragraphs (a) and (b) of this subsection, if applicable, the
landlord shall remit the remaining proceeds, if any, to any
lienholder to the extent of any unpaid balance owed on the lien
on the recreational vehicle, dwelling or home.
' (d) After deducting the amounts listed in paragraphs (a), (b)
and (c) of this subsection, if applicable, the landlord shall
remit to the tenant or owner the remaining proceeds, if any,
together with an itemized accounting.
' (e) If the tenant or owner cannot after due diligence be
found, the remaining proceeds shall be deposited with the county
treasurer of the county in which the sale occurred, and if not
claimed within three years shall revert to the general fund of
the county available for general purposes.
' (13) The county tax collector shall cancel all unpaid
property taxes owed on a manufactured dwelling or floating home,
as provided under ORS 311.790, if:
' (a) The landlord disposes of the manufactured dwelling or
floating home after a determination described in subsection
(10)(b) of this section;
' (b) There is no buyer of the manufactured dwelling or
floating home at a sale described under subsection (11) of this
section; or
' (c) The proceeds of a sale described under subsection (11) of
this section are insufficient to satisfy the unpaid property
taxes owed on the dwelling or home after distribution of the
proceeds pursuant to subsection (12) of this section.
' (14) The landlord { - shall not be - } { + is not + }
responsible for any loss to the tenant, lienholder or owner
resulting from storage of personal property in compliance with
this section unless the loss was caused by the landlord's
deliberate or negligent act. In the event of a deliberate and
malicious violation, the landlord { - shall be - } { + is + }
liable for twice the actual damages sustained by the tenant,
lienholder or owner.
' (15) Complete compliance in good faith with this section
shall constitute a complete defense in any action brought by a
tenant, lienholder or owner against a landlord for loss or damage
to such personal property disposed of pursuant to this section.
' (16) If a landlord does not comply with this section:
' (a) The tenant { - shall be - } { + is + } relieved of
any liability for damage to the premises caused by conduct that
was not deliberate, intentional or grossly negligent and for
unpaid rent and may recover from the landlord up to twice the
actual damages sustained by the tenant;
' (b) A lienholder or owner aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the
lienholder or owner. ORS 90.255 does not authorize an award of
attorney fees to the prevailing party in any action arising under
this paragraph; and
' (c) A county tax collector aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the tax
collector, if the noncompliance is part of an effort by the
landlord to defraud the tax collector. ORS 90.255 does not
authorize an award of attorney fees to the prevailing party in
any action arising under this paragraph.
' (17) In the case of an abandoned recreational vehicle,
manufactured dwelling or floating home, the provisions of this
section regarding the rights and responsibilities of a tenant to
the abandoned vehicle, dwelling or home shall also apply to any
lienholder except that the lienholder { - shall - } { +
may + } not sell or remove the vehicle, dwelling or home unless:
' (a) The lienholder has foreclosed its lien on the
recreational vehicle, manufactured dwelling or floating home;
' (b) The tenant { + or a personal representative or
designated person described in subsection (19) of this
section + } has waived
{ - the tenant's - } { + all + } rights under this section
pursuant to subsection { - (25) - } { + (23) + } of this
section; or
' (c) The notice and response periods provided by subsections
(6) and (8) of this section have expired.
' (18) { + (a) + } In the case of an abandoned manufactured
dwelling or floating home but not including a dwelling or home
abandoned following a termination pursuant to ORS 90.429 and
except as provided by subsection { - (21)(d) - } { +
(19)(d) + } and (e) of this section, if a lienholder makes a
timely response to a notice of abandoned personal property
{ + pursuant to subsections (6) and (8) of this section + }and
so requests, a landlord shall enter into a written { +
storage + } agreement with the lienholder providing that the
dwelling or home { - shall - } { + may + } not be sold or
disposed of by the landlord for up to 12 months { - , so long as
the lienholder makes timely periodic payment of all future
storage charges as provided by subsection (7)(d) of this section
and maintains the dwelling or home and the rented space on which
it is stored - } . { + A storage agreement entitles the
lienholder to store the personal property on the previously
rented space during the term of the agreement, but does not
entitle anyone to occupy the personal property.
' (b) + } The lienholder's right to { - such an - } { + a
storage + } agreement
{ - shall arise - } { + arises + } upon the failure of the
tenant, owner or, in the case of a deceased tenant, the personal
representative, designated person, heir or devisee to remove or
sell the dwelling or home within the allotted time.
' { + (c) To exercise the right to a storage agreement under
this subsection, in addition to contacting the landlord with a
timely response as described in paragraph (a) of this subsection,
the lienholder must enter into the proposed storage agreement
within 60 days after the landlord gives a copy of the agreement
to the lienholder. The landlord shall give a copy of the proposed
storage agreement to the lienholder in the same manner as
provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice
of abandoned property required by subsection (4) of this section.
A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering
or mailing the signed copy to the landlord within the 60-day
period.
' (d) The storage agreement may require, in addition to other
provisions agreed to by the landlord and the lienholder, that:
' (A) The lienholder make timely periodic payment of all
storage charges, as described in subsection (7)(d) of this
section, accruing from the commencement of the 45-day period
described in subsection (6) of this section. A storage charge may
include a utility or service charge, as described in ORS 90.510
(8), if limited to charges for electricity, water, sewer service
and natural gas and if incidental to the storage of personal
property. A storage charge may not be due more frequently than
monthly;
' (B) The lienholder pay a late charge or fee for failure to
pay a storage charge by the date required in the agreement, if
the amount of the late charge is no greater than for late charges
described in the rental agreement between the landlord and the
tenant; and
' (C) The lienholder maintain the personal property and the
space on which the personal property is stored in a manner
consistent with the rights and obligations described in the
rental agreement between the landlord and the tenant. + }
' { - (19) - } { + (e) + } During the term of an agreement
described under { + this + } subsection { - (18) of this
section - } , the lienholder shall have the right to remove or
sell the property, subject to the provisions of its lien. Selling
the property includes a sale to a purchaser who wishes to leave
the dwelling or home on the rented space and become a tenant,
subject to any conditions previously agreed to by the landlord
and tenant regarding the landlord's approval of a purchaser or,
if there was no such agreement, any reasonable conditions by the
landlord regarding approval of any purchaser who wishes to leave
the dwelling or home on the rented space and become a tenant. The
landlord also may condition approval for occupancy of any
purchaser of the property upon payment of all { + unpaid + }
storage charges and maintenance costs.
' { + (f)(A) + } If the lienholder violates the
{ + storage + } agreement, the landlord may terminate { - it
upon - } { + the agreement by giving at least + } 90 days'
written notice { + to the lienholder + } stating facts
sufficient to notify the lienholder of the reason for the
termination. Unless the lienholder corrects the violation within
the notice period, the agreement { - shall terminate - } { +
terminates + } as provided and the landlord may sell or dispose
of the dwelling or home without further notice to the lienholder.
' { + (B) After a landlord gives a termination notice
pursuant to subparagraph (A) of this paragraph for failure of the
lienholder to pay a storage charge and the lienholder corrects
the violation, if the lienholder again violates the storage
agreement by failing to pay a subsequent storage charge, the
landlord may terminate the agreement by giving at least 30 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for termination. Unless the
lienholder corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
' (C) A lienholder may terminate a storage agreement at any
time upon at least 14 days' written notice to the landlord and
may remove the property from the rented space if the lienholder
has paid all storage charges and other charges as provided in the
agreement. + }
' { - (20) - } { + (g) Upon the failure of a lienholder to
enter into a storage agreement as provided by this subsection or
+ }upon termination of an agreement { - described under
subsection (18) of this section - } , unless the parties
otherwise agree or the lienholder has sold or removed the
manufactured dwelling or floating home, the landlord may sell or
dispose of the property pursuant to this section without further
notice to the lienholder.
' { - (21) - } { + (19) + } If the personal property
consists of an abandoned manufactured dwelling or floating home
and is considered abandoned as a result of the death of a tenant
who was the only tenant and who owned the dwelling or home,
{ - the provisions of subsections (1) to (20), (23), (24) and
(26) of - } this section
{ - shall apply - } { + applies + }, except as follows:
' (a) { - The provisions of this section regarding the rights
and responsibilities of a tenant to the abandoned dwelling or
home shall apply to - } Any personal representative named in a
will or appointed by a court to act for the deceased tenant or
any person designated in writing by the tenant to be contacted by
the landlord in the event of the tenant's death { + has the same
rights and responsibilities regarding the abandoned dwelling or
home as a tenant + }.
' (b) The notice required by subsection (3) of this section
shall be:
' (A) Sent by first class mail to the deceased tenant at the
premises; and
' (B) Personally delivered or sent by first class mail to any
personal representative or designated person if actually known to
the landlord.
' (c) The notice described in subsection (5) of this section
shall refer to any personal representative or designated person,
instead of the deceased tenant, and shall incorporate the
provisions of this subsection.
' (d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so
requests, the landlord shall enter into a written
{ + storage + } agreement with the representative or person
providing that the dwelling or home { - shall - } { + may + }
not be sold or disposed of by the landlord for up to 90 days or
until conclusion of any probate proceedings, whichever is later
{ - , so long as the representative or person makes timely
periodic payment of all future storage charges as provided by
subsection (7)(d) of this section and maintains the dwelling or
home and the rented space on which it is stored - } . { + A
storage agreement entitles the representative or person to store
the personal property on the previously rented space during the
term of the agreement, but does not entitle anyone to occupy the
personal property. + } If such an agreement is entered, the
landlord
{ - shall - } { + may + } not enter a similar agreement with
a lienholder pursuant to subsection (18) of this section until
the agreement with the personal representative or designated
person ends.
' { + (e) If a personal representative or other person
requests that a landlord enter into a storage agreement,
subsections (18)(c), (d) and (f)(C) of this section apply, with
the representative or person having the rights and
responsibilities of a lienholder with regard to the storage
agreement. + }
' { - (e) - } { + (f) + } During the term of an agreement
described under paragraph (d) of this subsection, the
representative or person shall have the right to remove or sell
the dwelling or home, including a sale to a purchaser or a
transfer to an heir or devisee where the purchaser, heir or
devisee wishes to leave the dwelling or home on the rented space
and become a tenant, subject to any conditions previously agreed
to by the landlord and tenant regarding the landlord's approval
for occupancy of a purchaser, heir or devisee or, if there was no
such agreement, any reasonable conditions by the landlord
regarding approval for occupancy of any purchaser, heir or
devisee who wishes to leave the dwelling or home on the rented
space and become a tenant. The landlord also may condition
approval for occupancy of any purchaser, heir or devisee of the
dwelling or home upon payment of all { + unpaid + } storage
charges and maintenance costs.
' { + (g) + } If the representative or person violates the
{ + storage + } agreement, the landlord may terminate { - it
upon - } { + the agreement by giving at least + } 30 days'
written notice { + to the representative or person + } stating
facts sufficient to notify the representative or person of the
reason for the termination. Unless the representative or person
corrects the violation within the notice period, the agreement
{ - shall terminate - } { + terminates + } as provided and the
landlord may sell or dispose of the dwelling or home without
further notice to the representative or person.
' { - (22) - } { + (h) Upon the failure of a representative
or person to enter into a storage agreement as provided by this
subsection or + }upon termination of an agreement
{ - described under subsection (21)(d) of this section - } ,
unless the parties otherwise agree or the representative or
person has sold or removed the manufactured dwelling or floating
home, the landlord may sell or dispose of the property pursuant
to this section without further notice to the representative or
person.
' { + (20) If a governmental agency determines that the
condition of a manufactured dwelling, floating home or
recreational vehicle abandoned under this section constitutes an
extreme health or safety hazard under state or local law and the
agency determines that the hazard endangers others in the
facility and requires quick removal of the property, the landlord
may sell or dispose of the property pursuant to this subsection.
The landlord shall comply with all provisions of this section,
except as follows:
' (a) The date provided in subsection (6) of this section by
which a tenant, lienholder, owner, personal representative or
designated person must contact a landlord to arrange for the
disposition of the property shall be not less than 15 days after
personal delivery or mailing of the notice required by subsection
(3) of this section.
' (b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, owner, personal
representative or designated person must remove the property
shall be not less than seven days after the tenant, lienholder,
owner, personal representative or designated person contacts the
landlord.
' (c) The notice required by subsection (3) of this section
shall be as provided in subsection (5) of this section, except
that:
' (A) The dates and deadlines in the notice for contacting the
landlord and removing the property shall be consistent with this
subsection;
' (B) The notice shall state that a governmental agency has
determined that the property constitutes an extreme health or
safety hazard and must be removed quickly; and
' (C) The landlord shall attach a copy of the agency's
determination to the notice.
' (d) If the tenant, a lienholder, owner, personal
representative or designated person does not remove the property
within the time allowed, the landlord or a buyer at a sale by the
landlord under subsection (11) of this section shall promptly
remove the property from the facility.
' (e) A landlord is not required to enter into a storage
agreement with a lienholder, owner, personal representative or
designated person pursuant to subsection (18) of this
section. + }
' { - (23) - } { + (21) + } In the case of an abandoned
recreational vehicle, manufactured dwelling or floating home that
is owned by someone other than the tenant, the provisions of this
section regarding the rights and responsibilities of a tenant to
the abandoned vehicle, dwelling or home shall also apply to that
owner, with regard only to the vehicle, dwelling or home, and not
to any goods left inside or outside the vehicle, dwelling or
home.
' { - (24) - } { + (22) + } In the case of an abandoned
motor vehicle, the procedure authorized by ORS 98.830 and 98.835
for removal of abandoned motor vehicles from private property may
be used by a landlord as an alternative to the procedures
required in this section.
' { - (25) - } { + (23)(a) + } { - Except for personal
property that is subject to subsection (21) of this section, - }
A landlord may sell or dispose of a tenant's abandoned personal
property without complying with the provisions of this section
if, after termination of the tenancy or no more than seven days
prior to the termination of the tenancy, the { - landlord and
the tenant and, in the case of a recreational vehicle,
manufactured dwelling or floating home, any lienholder and
owner - } { + following parties + } so agree in a writing
entered into in good faith { - . - } { + :
' (A) The landlord;
' (B) The tenant, or for an abandonment as the result of the
death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to
possession of the personal property, such as an heir or devisee,
as described in subsection (19) of this section; and
' (C) In the case of a manufactured dwelling, floating home or
recreational vehicle, any owner and any lienholder.
' (b) + } A landlord { - shall - } { + may + } not, as part
of a rental agreement, require a tenant { + , a personal
representative, a designated person + } or any lienholder or
owner to waive any right provided by this section.
' { - (26) - } { + (24) + } Until personal property is
conclusively presumed to be abandoned under subsection (9) of
this section, a landlord { - shall - } { + does + } not have
a lien pursuant to ORS 87.152 for storing the personal property.
' { + SECTION 35a. + } ORS 90.510 is amended to read:
' 90.510. (1) { - Effective July 1, 1992, - } Every landlord
who rents a space for a manufactured dwelling or floating home
shall provide a written statement of policy to prospective and
existing tenants. The purpose of the statement of policy is to
provide disclosure of the landlord's policies to prospective
tenants and to existing tenants who have not previously received
a statement of policy. The statement of policy is not a part of
the rental agreement. The statement of policy shall provide
{ + all of + } the following information in summary form:
' (a) The location and approximate size of the space to be
rented { + . + } { - ; - }
' (b) The federal fair-housing age classification and present
zoning that affect the use of the rented space { + . + }
{ - ; - }
' (c) The facility policy regarding rent adjustment { + and a
rent history for the space to be rented. The rent history must,
at a minimum, show the rent amounts on January 1 of each of the
five preceding calendar years or during the length of the
landlord's ownership, leasing or subleasing of the facility,
whichever period is shorter. + } { - ; - }
' (d) All personal property, services and facilities to be
provided by the landlord { + . + } { - ; - }
' (e) All installation charges imposed by the landlord and
installation fees imposed by government agencies { + . + }
{ - ; - }
' (f) The facility policy regarding rental agreement
termination including, but not limited to, closure of the
facility { + . + } { - ; - }
' (g) The facility policy regarding facility sale { + . + }
{ - ; - }
' (h) The facility policy regarding informal dispute
resolution { + . + } { - ; - }
' (i) Utilities and services available, the person furnishing
them and the person responsible for payment { + . + } { - ; - }
' (j) If a tenants' association exists for the facility, a
one-page summary about the tenants' association that shall be
provided to the landlord by the tenants' association { + . + }
{ - ; and - }
' (k) Any facility policy regarding the removal of a
manufactured dwelling, including a statement that removal
requirements may impact the market value of a dwelling.
' (2) The rental agreement and the facility rules and
regulations shall be attached as an exhibit to the statement of
policy. If the recipient of the statement of policy is a tenant,
the rental agreement attached to the statement of policy shall be
a copy of the agreement entered by the landlord and tenant.
' (3) { - Effective July 1, 1992: - }
' (a) Prospective tenants shall receive a copy of the statement
of policy before signing a rental agreement;
' (b) Existing tenants who { + have not previously received a
copy of the statement of policy and who + }are on month-to-month
rental agreements shall receive a copy of the statement of policy
at the time { - the next - } { + a + } 90-day notice of a
rent increase is issued; and
' (c) All other existing tenants { + who have not previously
received a copy of the statement of policy + } shall receive a
copy of the statement of policy upon the expiration of their
{ - current - } rental agreement and before signing a new
agreement.
' (4) Every landlord who rents a space for a manufactured
dwelling or floating home shall provide a written rental
agreement, except as provided by ORS 90.710 (2)(d), that shall be
signed by the landlord and tenant and that cannot be unilaterally
amended by one of the parties to the contract except by:
' (a) Mutual agreement of the parties;
' (b) Actions pursuant to ORS 90.530 or 90.600; or
' (c) Those provisions required by changes in statute or
ordinance.
' (5) The agreement required by subsection (4) of this section
shall specify:
' (a) The location and approximate size of the rented space;
' (b) The federal fair-housing age classification;
' (c) The rent per month;
' (d) All personal property, services and facilities to be
provided by the landlord;
' (e) All security deposits, fees and installation charges
imposed by the landlord;
' (f) Improvements that the tenant may or must make to the
rental space, including plant materials and landscaping;
' (g) Provisions for dealing with improvements to the rental
space at the termination of the tenancy;
' (h) Any conditions the landlord applies in approving a
purchaser of a manufactured dwelling or floating home as a tenant
in the event the tenant elects to sell the home. Those conditions
shall be in conformance with state and federal law and may
include, but are not limited to, conditions as to pets, number of
occupants and screening or admission criteria;
' (i) That the tenant { - shall - } { + may + } not sell
the tenant's manufactured dwelling or floating home to a person
who intends to leave the manufactured dwelling or floating home
on the rental space until the landlord has accepted the person as
a tenant;
' (j) The term of the tenancy;
' (k) The process by which the rental agreement or rules and
regulations may be changed, which shall identify that the rules
and regulations may be changed with 60 days' notice unless
{ + tenants of at least + } 51 percent of the { - tenants - }
{ + eligible spaces + } file an objection within 30 days; and
' (L) The process by which notices shall be given by either
landlord or tenant.
' (6) Every landlord who rents a space for a manufactured
dwelling or floating home shall provide rules and regulations
concerning the tenant's use and occupancy of the premises. A
violation of the rules and regulations may be cause for
termination of a rental agreement. However, this subsection does
not create a presumption that all rules and regulations are
identical for all tenants at all times. A rule or regulation
shall be enforceable against the tenant only if:
' (a) The rule or regulation:
' (A) Promotes the convenience, safety or welfare of the
tenants;
' (B) Preserves the landlord's property from abusive use; or
' (C) Makes a fair distribution of services and facilities held
out for the general use of the tenants.
' (b) The rule or regulation:
' (A) Is reasonably related to the purpose for which it is
adopted and is reasonably applied;
' (B) Is sufficiently explicit in its prohibition, direction or
limitation of the tenant's conduct to fairly inform the tenant of
what the tenant shall or shall not do to comply; and
' (C) Is not for the purpose of evading the obligations of the
landlord.
' (7)(a) A landlord who rents a space for a manufactured
dwelling or floating home may adopt a rule or regulation
regarding occupancy guidelines. If adopted, an occupancy
guideline in a facility shall be based on reasonable factors and
shall not be more restrictive than limiting occupancy to two
people per bedroom.
' (b) As used in this subsection:
' (A) 'Reasonable factors' may include but are not limited to:
' (i) The size of the dwelling.
' (ii) The size of the rented space.
' (iii) Any discriminatory impact for reasons identified in ORS
659.033.
' (iv) Limitations placed on utility services governed by a
permit for water or sewage disposal.
' (B) 'Bedroom' means a room that is intended to be used
primarily for sleeping purposes and does not include bathrooms,
toilet compartments, closets, halls, storage or utility space and
similar areas.
' (8)(a) If a written rental agreement so provides, a landlord
may require a tenant to pay to the landlord a utility or service
charge that has been billed by a utility or service provider to
the landlord for utility or service provided directly to the
tenant's dwelling unit or to a common area available to the
tenant as part of the tenancy. A utility or service charge that
shall be assessed to a tenant for a common area must be described
in the written rental agreement separately and distinctly from
such a charge for the tenant's dwelling unit. A landlord
{ - shall - } { + may + } not increase the utility or service
charge to the tenant by adding any costs of the landlord, such as
a handling or administrative charge, other than those costs
billed to the landlord by the provider for utilities or services
as provided by this subsection.
' (b) A utility or service charge { - shall not be considered
to be - } { + is not + } rent or a fee. Nonpayment of a utility
or service charge shall not constitute grounds for termination of
a rental agreement for nonpayment of rent pursuant to ORS 90.400
(2), but shall constitute grounds for termination of a rental
agreement for cause pursuant to ORS 90.630.
' (c) As used in this section, 'utility or service' has the
meaning given that term in ORS 90.315 (1).
' (9) Intentional and deliberate failure of the landlord to
comply with subsections (1) to (3) of this section { - shall
be - } { + is + } cause for suit or action to remedy the
violation or to recover actual damages. The prevailing party is
entitled to reasonable attorney fees and court costs.
' (10) A receipt signed by the potential tenant or tenants for
documents required to be delivered by the landlord pursuant to
subsections (1) to (3) of this section { - shall be - } { +
is + } a defense for the landlord in an action against the
landlord for nondelivery of the documents.
' (11) A suit or action arising under subsection (9) of this
section must be commenced within one year after the discovery or
identification of the alleged violation.
' (12) Every landlord who publishes a directory of tenants and
tenant services must include a one-page summary regarding any
tenants' association { - , which shall be provided to the
landlord by - } { + . + } The tenants' association { + shall
provide the summary to the landlord + }.
' { + SECTION 35b. + } ORS 90.530 is amended to read:
' 90.530. (1) Notwithstanding a change in the rules and
regulations of a manufactured dwelling or floating home facility
that would prohibit pets, a tenant may keep a pet that is
otherwise legally living with the tenant at the time the landlord
provides notice of the proposed change to the rules and
regulations of the facility. The tenant may replace a pet with a
pet similar to the one living with the tenant at the time the
landlord provided notice of the proposed change. New rules and
regulations that regulate the activities of pets shall apply to
all pets in the facility, including those pets that were living
in the facility prior to the adoption of the new rules or
regulations.
' (2) A rental agreement { - commencing on or after November
1, 1997, - } between a landlord renting a space for a
manufactured dwelling or floating home and a { - person - }
{ + tenant + } renting the space
{ - , shall - } { + must + } comply with the following:
' (a) A landlord { - shall - } { + may + } not charge a
one-time, monthly or other periodic amount based on the tenant's
possession of a pet.
' (b) A landlord may provide written rules regarding control,
sanitation, number, type and size of pets. The tenant shall sign
a pet agreement and provide proof of liability insurance. The
tenant shall make the landlord a co-insured for the purpose of
receiving notice in the case of cancellation of the insurance.
' (c) A landlord may charge a tenant an amount for a violation
of a written pet agreement or rules relating to pets not to
exceed $50 for each violation.
' { + SECTION 36. + } ORS 90.600 is amended to read:
' 90.600. (1) { - In the case of - } { + If + } a rental
agreement { + is a month-to-month tenancy + } to which ORS
90.505 to 90.840 apply, the landlord may not increase the rent
unless the landlord gives notice in writing to each affected
tenant at least 90 days prior to the effective date of the rent
increase specifying the amount of the increase, the amount of the
new rent and the date on which the increase becomes effective.
' (2) This section does not create a right to increase rent
that does not otherwise exist.
' (3) This section does not require a landlord to compromise,
justify or reduce a rent increase that the landlord otherwise is
entitled to impose.
' (4) Neither ORS 90.510 (1), requiring a landlord to provide a
statement of policy, nor ORS 90.510 (4), requiring a landlord to
provide a written rental agreement, { - shall be construed
to - } create a basis for tenant challenge of a rent increase,
judicially or otherwise.
' (5)(a) The tenants who reside in a facility may elect one
committee of seven or fewer members in a facility-wide election
to represent the tenants. One tenant of record for each rented
space may vote in the election. Upon written request from the
tenants' committee, the landlord or a representative of the
landlord shall meet with the committee within 10 to 30 days of
the request to discuss the tenants' nonrent concerns regarding
the facility. Unless the parties agree otherwise, upon a request
from the tenants' committee, a landlord or representative of the
landlord shall meet with the tenants' committee at least once,
but not more than twice, each calendar year. The meeting shall be
held on the premises if the facility has suitable meeting space
for that purpose, or at a location reasonably convenient to the
tenants. After the meeting, the tenants' committee shall send a
written summary of the issues and concerns addressed at the
meeting to the landlord. The landlord or the landlord's
representative shall make a good faith response in writing to the
committee's summary within 60 days.
' (b) The tenants' committee { - shall be - } { + is + }
entitled to informal dispute resolution in accordance with ORS
446.547 if the landlord or landlord's representative fails to
meet with the tenants' committee or fails to respond in good
faith to the written summary as required by paragraph (a) of this
subsection.
' { + SECTION 36a. + } ORS 90.610 is amended to read:
' 90.610. { + (1) As used in this section, 'eligible space'
means each space in the facility as long as:
' (a) The space is rented to a tenant and the tenancy is
subject to ORS 90.505 to 90.840; and
' (b) The tenant who occupies the space has not:
' (A) Previously agreed to a rental agreement that includes the
proposed rule or regulation change; or
' (B) Become subject to the proposed rule or regulation change
as a result of a change in rules or regulations previously
adopted in a manner consistent with this section. + }
' { - (1) - } { + (2) + } Notwithstanding ORS 90.245 (1),
the parties to a rental agreement to which ORS 90.505 to 90.840
applies shall provide for a process establishing informal dispute
resolution of disputes that may arise concerning the rental
agreement for a manufactured dwelling or floating home space.
' { - (2) - } { + (3) + } The landlord may propose changes
in rules or regulations, including changes that make a
substantial modification of the landlord's bargain with a tenant,
by giving { + written + } notice of the proposed rule or
regulation change, and unless tenants of { + at least + } 51
percent of the { - rented - } { + eligible + } spaces in the
facility object in writing within 30 days of the date the notice
was served, the change shall { - be - } { + become + }
effective for all tenants { + of those spaces + } on a date not
less than 60 days after the date that the notice was served by
the landlord.
' { - (3) - } { + (4) + } One tenant of record per
{ - rented - } { + eligible + } space may object to the rule
or regulation change through either:
' (a) { - An individual - } { + A signed and dated + }
written communication to the landlord; or
' (b) A petition format that { - shall include - } { + is
signed and dated by tenants of eligible spaces and that
includes + } a copy of the proposed rule or regulation and { + a
copy + } of the notice.
' { + (5) If a tenant of an eligible space signs both a
written communication to the landlord and a petition under
subsection (4) of this section, or signs more than one written
communication or petition, only the latest signature of the
tenant may be counted. + }
' { - (4) - } { + (6) + } Notwithstanding subsection
{ - (3) - } { + (4) + } of this section, a proxy may be used
only if a tenant has a disability that prevents the tenant from
objecting to the rule or regulation change in writing.
' { - (5) - } { + (7) + } The landlord's notice of a
proposed change in rules or regulations required by subsection
{ - (2) - } { + (3) + } of this section { - shall - } { +
must be given or served as provided in ORS 90.155 and must + }
include:
' (a) Language of the existing rule or regulation and the
language that would be added or deleted by the proposed rule or
regulation change; and
' (b) A statement substantially in the following form { + ,
with all blank spaces in the notice to be filled in by the
landlord + }:
' _______________________________________________________________
NOTICE OF PROPOSED RULE { +
OR REGULATION + } CHANGE
The landlord intends to change a rule or regulation in this
facility.
The change will go into effect unless tenants of { + at
least + } 51 percent of the { - rented - } { + eligible + }
spaces object in writing within 30 days. { + Any objection must
be signed and dated by a tenant of an eligible space. + }
The number of { - rented - } { + eligible + } spaces as of
the date of this notice is: ___. { + Those eligible spaces are
(space or street identification): ____________________. + }
The last day for { + a tenant of an eligible space to deliver
a + } written objection { - to be delivered - } to the
landlord is ______ (landlord fill in date).
Unless tenants in { + at least + } 51 percent of the
{ - rented - } { + eligible + } spaces object, the proposed
rule { + or regulation + } will go into effect on ______.
The parties may attempt to resolve disagreements regarding the
proposed rule { + or regulation + } change by using the
facility's informal dispute resolution process.
' _______________________________________________________________
' { + (8) A good faith mistake by the landlord in completing
those portions of the notice relating to the number of eligible
spaces that have tenants entitled to vote or relating to space or
street identification numbers does not invalidate the notice or
the proposed rule or regulation change. + }
' { - (6) - } { + (9) + } After the effective date of the
rule or regulation change, when a tenant continues to engage in
an activity affected by the new rule or regulation to which the
landlord objects, the landlord may give the tenant a notice of
termination of the tenancy pursuant to ORS 90.630. The notice
shall include a statement that the tenant may request a
resolution through the facility's informal dispute resolution
process by giving the landlord a written request within seven
days from the date the notice was served. If the tenant requests
an informal dispute resolution, the landlord may not file an
action for possession pursuant to ORS 105.105 to 105.168 until 30
days after the date of the tenant's request for informal dispute
resolution or the date the informal dispute resolution is
complete, whichever occurs first.
' { - (7) - } { + (10) + } { - No - } { + An + }
agreement under this section { - shall - } { + may not + }
require informal dispute resolution of disputes relating to:
' (a) Facility closure;
' (b) Facility sale; or
' (c) Rent, including but not limited to amount, increase and
nonpayment.
' { - (8) - } { + (11) + } ORS 90.510 (1) to (3), requiring
a landlord to provide a statement of policy, { - shall not be
construed to - } { + do not + } create a basis for a tenant to
demand informal dispute resolution of a rent increase.
' { + SECTION 37. + } ORS 90.620 is amended to read:
' 90.620. (1) The tenant who rents a space for a manufactured
dwelling or floating home may terminate { - the - } { + a + }
rental agreement { + that is a month-to-month or fixed term
tenancy without cause + } by giving to the landlord { + , at any
time during the tenancy, + } not less than 30 days' notice in
writing prior to the date designated in the notice for
{ + the + } termination { + of the tenancy + }.
' { - (2) The agreement to rent required by ORS 90.510 may
provide for termination on a specified date not less than 30 days
after the parties enter into the agreement. - }
' { + (2) The tenant may terminate a rental agreement that is
a month-to-month or fixed term tenancy for cause pursuant to ORS
90.315, 90.360 (1), 90.365 (2), 90.375 or 90.380. + }
' (3) { - No - } { + A + } tenant { - shall - } { + may
not + } be required to give the landlord more than 30 days'
written notice to terminate.
' { + SECTION 38. + } ORS 90.630 is amended to read:
' 90.630. (1) Except as provided in subsection { - (5) - }
{ + (4) + } of this section, the landlord may terminate
{ - the - } { + a + } rental agreement { + that is a
month-to-month or fixed term tenancy + } 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) - } { + (2) + } 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) - } { + (3) + } 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) - } { + (4) + } 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) - } { + (5) + } The landlord of a facility may
terminate { - the - } { + a + } rental agreement { + that is
a month-to-month or fixed term tenancy + } 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) - } { + (6) + } The landlord may:
' (a) Provide greater financial incentive to encourage the
tenant to accept an earlier termination date than that provided
in subsection { - (6) - } { + (5) + } of this section; or
' (b) Contract with the tenant for a mutually acceptable
arrangement to assist the tenant's move.
' { - (8) - } { + (7) + } The Housing and Community Services
Department shall adopt rules to implement the provisions of
subsection { - (6) - } { + (5) + } of this section.
' { - (9)(a) - } { + (8)(a) + } A landlord { - shall - }
{ + may + } 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) - } { + (9) + } 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) - } { + (10) + } 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) - } { + (11) + } Nothing in subsection
{ - (6) - } { + (5) + } 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) - } { + (12)(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) - } { + (2) + } 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 39. + } 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 { + :
' (a) An additional + } 60 { - additional - } days if:
' { - (a) - } { + (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) - } { + (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 { + ; or
' (b) An additional six months if the disrepair or
deterioration has existed for more than the preceding 12 months
with the landlord's knowledge or acceptance as described in ORS
90.415 (1) + }.
' (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), 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.
' { + SECTION 40. + } ORS 90.675 is amended to read:
' 90.675. (1) As used in this section:
' (a) 'Current market value' means the amount in cash, as
determined by the county assessor, that could reasonably be
expected to be paid for personal property by an informed buyer to
an informed seller, each acting without compulsion in an
arms-length transaction occurring on the assessment date for the
tax year or on the date of a subsequent reappraisal by the county
assessor.
' (b) 'Dispose of the personal property' means that, if
reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization
or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
' (c) 'Lienholder' means any lienholder of abandoned personal
property, if the lien is of record or the lienholder is actually
known to the landlord.
' { + (d) 'Of record' means:
' (A) For a manufactured dwelling, that a security interest has
been properly recorded with the Department of Transportation
pursuant to ORS 802.200 (1)(a)(A) and 803.097 for a dwelling
registered and titled by the department pursuant to ORS 820.500.
' (B) For a floating home, that a security interest has been
properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the
board pursuant to ORS 830.715. + }
' { - (d) - } { + (e) + } 'Personal property' means only a
manufactured dwelling or floating home located in a facility { +
and subject to ORS 90.505 to 90.840 + }. 'Personal property' does
not include goods left inside a manufactured dwelling or floating
home or left upon a rented space and subject to disposition under
ORS 90.425.
' (2) A landlord { - shall - } { + may + } not store, sell
or dispose of abandoned personal property except as provided by
this section. This section governs the rights and obligations of
landlords, tenants and any lienholders in any personal property
abandoned or left upon the premises by the tenant or any
lienholder in the following circumstances:
' (a) The tenancy has ended by termination or expiration of a
rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the personal property upon
the premises with no intention of asserting any further claim to
the premises or to the personal property;
' (b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
' (c) The landlord elects to remove the personal property
pursuant to ORS 105.165.
' (3) Prior to selling or disposing of the tenant's personal
property under this section, the landlord must give a written
notice to the tenant { - which - } { + that + } shall be:
' (a) Personally delivered to the tenant; or
' (b) Sent by first class mail addressed and mailed to the
tenant at:
' (A) The premises;
' (B) Any post-office box held by the tenant and actually known
to the landlord; and
' (C) The most recent forwarding address if provided by the
tenant or actually known to the landlord.
' (4)(a) A landlord shall also give a copy of the notice
described in subsection (3) of this section to:
' (A) Any lienholder of the personal property;
' (B) The tax collector of the county where the personal
property is located; and
' (C) The assessor of the county where the personal property is
located.
' (b) The landlord shall give the notice copy required by this
subsection by personal delivery or first class mail, except that
for any lienholder, mail service shall be { + both + } by first
class mail { - with certificate of mailing - } { + and by
certified mail with return receipt requested + }.
' { + (c) A notice to lienholders under paragraph (a)(A) of
this subsection must be sent to each lienholder at each address:
' (A) Actually known to the landlord;
' (B) Of record; and
' (C) Provided to the landlord by the lienholder in a written
notice that identifies the personal property subject to the lien
and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice
must identify the personal property by describing the physical
address of the property. + }
' (5) The notice required under subsection (3) of this section
shall state that:
' (a) The personal property left upon the premises is
considered abandoned;
' (b) The tenant or any lienholder must contact the landlord by
a specified date, as provided in subsection (6) of this section,
to arrange for the removal of the abandoned personal property;
' (c) The personal property is stored on the rented space;
' (d) The tenant or any lienholder, except as provided by
subsection (17) of this section, may arrange for removal of the
personal property by contacting the landlord at a described
telephone number or address on or before the specified date;
' (e) The landlord shall make the personal property available
for removal by the tenant or any lienholder, except as provided
by subsection (17) of this section, by appointment at reasonable
times;
' (f) If the personal property is considered to be abandoned
pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of storage charges, as provided by
subsection (7)(b) of this section, prior to releasing the
personal property to the tenant or any lienholder;
' (g) If the personal property is considered to be abandoned
pursuant to subsection (2)(c) of this section, the landlord
{ - shall - } { + may + } not require payment of storage
charges prior to releasing the personal property;
' (h) If the tenant or any lienholder fails to contact the
landlord by the specified date or fails to remove the personal
property within 30 days after that contact, the landlord may sell
or dispose of the personal property. If the landlord reasonably
believes the county assessor will determine that the current
market value of the personal property is $3,500 or less, and the
landlord intends to dispose of the property if it is not claimed,
the notice shall state that belief and intent; and
' (i) If applicable, there is a lienholder that has a right to
claim the personal property, except as provided by subsection
(17) of this section.
' (6) For purposes of subsection (5) of this section, the
specified date by which a tenant or lienholder must contact a
landlord to arrange for the disposition of abandoned personal
property shall be not less than 45 days after personal delivery
or
{ - first class - } mailing of the notice.
' (7) After notifying the tenant as required by subsection (3)
of this section, the landlord:
' (a) Shall store the abandoned personal property of the tenant
on the rented space and shall exercise reasonable care for the
personal property; and
' (b) { - Shall be - } { + Is + } entitled to reasonable or
actual storage charges and costs incidental to storage or
disposal. The storage charge shall be no greater than the monthly
space rent last payable by the tenant.
' (8) If a tenant or lienholder, upon the receipt of the notice
provided by subsection (3) or (4) of this section or otherwise,
responds by actual notice to the landlord on or before the
specified date in the landlord's notice that the tenant or
lienholder intends to remove the personal property from the
premises, the landlord must make that personal property available
for removal by the tenant or lienholder by appointment at
reasonable times during the next 30 days, subject to subsection
(17) of this section. If the personal property is considered to
be abandoned pursuant to subsection (2)(a) or (b) of this
section, but not pursuant to subsection (2)(c) of this section,
the landlord may require payment of storage charges, as provided
in subsection (7)(b) of this section, prior to allowing the
tenant or lienholder to remove the personal property. Acceptance
by a landlord of such payment { - shall - } { + does + } not
operate to create or reinstate a tenancy or create a waiver
pursuant to ORS 90.415.
' (9) Except as provided in subsections (17) to (19) of this
section, if the tenant or lienholder does not respond within the
time provided by the landlord's notice, or the tenant or
lienholder does not remove the personal property within 30 days
after responding to the landlord or by any date agreed to with
the landlord, whichever is later, the personal property
{ - shall be - } { + is + } conclusively presumed to be
abandoned. The tenant and any lienholder that have been given
notice pursuant to subsection (3) or (4) of this section shall,
except with regard to the distribution of sale proceeds pursuant
to subsection (12) of this section, have no further right, title
or interest to the personal property and may not claim or sell
the property.
' (10) If the personal property is presumed to be abandoned
under subsection (9) of this section, the landlord then may:
' (a) Sell the personal property at a public or private sale,
provided that prior to the sale:
' (A) The landlord may seek to transfer the certificate of
title and registration to the personal property by complying with
the requirements of the appropriate state agency; and
' (B) The landlord shall:
' (i) Place a notice in a newspaper of general circulation in
the county in which the personal property is located. The notice
shall state:
' (I) That the personal property is abandoned;
' (II) The tenant's name;
' (III) The address and any space number where the personal
property is located, and if actually known to the landlord, the
plate, registration or other identification number as noted on
the title;
' (IV) Whether the sale is by private bidding or public
auction;
' (V) Whether the landlord is accepting sealed bids and, if so,
the last date on which bids will be accepted; and
' (VI) The name and telephone number of the person to contact
to inspect the personal property;
' (ii) At a reasonable time prior to the sale, give a copy of
the notice required by sub-subparagraph (i) of this subparagraph
to the tenant and to any lienholder, by personal delivery or
first class mail, except that for any lienholder, mail service
shall be by first class mail with certificate of mailing;
' (iii) Obtain an affidavit of publication from the newspaper
to show that the notice required under sub-subparagraph (i) of
this subparagraph ran in the newspaper at least one day in each
of two consecutive weeks prior to the date scheduled for the sale
or the last date bids will be accepted; and
' (iv) Obtain written proof from the county that all property
taxes on the personal property have been paid or, if not paid,
that the county has authorized the sale, with the sale proceeds
to be distributed pursuant to subsection (12) of this section; or
' (b) Destroy or otherwise dispose of the personal property if
the landlord determines from the county assessor that the current
market value of the property is $3,500 or less.
' (11)(a) A public or private sale authorized by this section
shall be conducted consistent with the terms listed in subsection
(10)(a)(B)(i) of this section. Every aspect of the sale including
the method, manner, time, place and terms must be commercially
reasonable.
' (b) If there is no buyer at a sale described under paragraph
(a) of this subsection, the personal property { - shall be - }
{ + is + } considered to be worth $3,500 or less, regardless of
current market value, and the landlord may destroy or otherwise
dispose of the personal property.
' (12)(a) The landlord may deduct from the proceeds of the
sale:
' (A) The reasonable or actual cost of notice, storage and
sale; and
' (B) Unpaid rent.
' (b) After deducting the amounts listed in paragraph (a) of
this subsection, the landlord shall remit the remaining proceeds,
if any, to the county tax collector to the extent of any unpaid
property taxes owed on the dwelling or home.
' (c) After deducting the amounts listed in paragraphs (a) and
(b) of this subsection, if applicable, the landlord shall remit
the remaining proceeds, if any, to any lienholder to the extent
of any unpaid balance owed on the lien on the personal property.
' (d) After deducting the amounts listed in paragraphs (a), (b)
and (c) of this subsection, if applicable, the landlord shall
remit to the tenant the remaining proceeds, if any, together with
an itemized accounting.
' (e) If the tenant cannot after due diligence be found, the
remaining proceeds shall be deposited with the county treasurer
of the county in which the sale occurred, and if not claimed
within three years shall revert to the general fund of the county
available for general purposes.
' (13) The county tax collector shall cancel all unpaid
property taxes as provided under ORS 311.790 if:
' (a) The landlord disposes of the personal property after a
determination described in subsection (10)(b) of this section;
' (b) There is no buyer of the personal property at a sale
described under subsection (11) of this section; or
' (c) The proceeds of a sale described under subsection (11) of
this section are insufficient to satisfy the unpaid property
taxes owed on the dwelling or home after distribution of the
proceeds pursuant to subsection (12) of this section.
' (14) The landlord { - shall not be - } { + is not + }
responsible for any loss to the tenant or lienholder resulting
from storage of personal property in compliance with this section
unless the loss was caused by the landlord's deliberate or
negligent act. In the event of a deliberate and malicious
violation, the landlord { - shall be - } { + is + } liable
for twice the actual damages sustained by the tenant or
lienholder.
' (15) Complete compliance in good faith with this section
shall constitute a complete defense in any action brought by a
tenant or lienholder against a landlord for loss or damage to
such personal property disposed of pursuant to this section.
' (16) If a landlord does not comply with this section:
' (a) The tenant { - shall be - } { + is + } relieved of
any liability for damage to the premises caused by conduct that
was not deliberate, intentional or grossly negligent and for
unpaid rent and may recover from the landlord up to twice the
actual damages sustained by the tenant;
' (b) A lienholder aggrieved by the noncompliance may recover
from the landlord the actual damages sustained by the lienholder.
ORS 90.255 does not authorize an award of attorney fees to the
prevailing party in any action arising under this paragraph; and
' (c) A county tax collector aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the tax
collector, if the noncompliance is part of an effort by the
landlord to defraud the tax collector. ORS 90.255 does not
authorize an award of attorney fees to the prevailing party in
any action arising under this paragraph.
' (17) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
shall also apply to any lienholder, except that the lienholder
{ - shall - } { + may + } not sell or remove the dwelling or
home unless:
' (a) The lienholder has foreclosed its lien on the
manufactured dwelling or floating home;
' (b) The tenant { + or a personal representative or
designated person described in subsection (19) of this
section + } has waived
{ - the tenant's - } { + all + } rights under this section
pursuant to subsection { - (23) - } { + (21) + } of this
section; or
' (c) The notice and response periods provided by subsections
(6) and (8) of this section have expired.
' (18) { + (a) + } Except as provided by subsection
{ - (21)(d) - } { + (19)(d) + } and (e) of this section, if a
lienholder makes a timely response to a notice of abandoned
personal property { + pursuant to subsections (6) and (8) of
this section + }and so requests, a landlord shall enter into a
written { + storage + } agreement with the lienholder providing
that the personal property { - shall - } { + may + } not be
sold or disposed of by the landlord for up to 12 months { - , so
long as the lienholder makes timely periodic payment of all
future storage charges as provided by subsection (7)(b) of this
section and maintains the property and the rented space on which
it is stored - } . { + A storage agreement entitles the
lienholder to store the personal property on the previously
rented space during the term of the agreement, but does not
entitle anyone to occupy the personal property.
' (b) + } The lienholder's right to { - such an - } { + a
storage + } agreement
{ - shall arise - } { + arises + } upon the failure of the
tenant or, in the case of a deceased tenant, the personal
representative, designated person, heir or devisee to remove or
sell the dwelling or home within the allotted time.
' { + (c) To exercise the right to a storage agreement under
this subsection, in addition to contacting the landlord with a
timely response as described in paragraph (a) of this subsection,
the lienholder must enter into the proposed storage agreement
within 60 days after the landlord gives a copy of the agreement
to the lienholder. The landlord shall give a copy of the proposed
storage agreement to the lienholder in the same manner as
provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice
of abandoned property required by subsection (4) of this section.
A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering
or mailing the signed copy to the landlord within the 60-day
period.
' (d) The storage agreement may require, in addition to other
provisions agreed to by the landlord and the lienholder, that:
' (A) The lienholder make timely periodic payment of all
storage charges, as described in subsection (7)(b) of this
section, accruing from the commencement of the 45-day period
described in subsection (6) of this section. A storage charge may
include a utility or service charge, as described in ORS 90.510
(8), if limited to charges for electricity, water, sewer service
and natural gas and if incidental to the storage of personal
property. A storage charge may not be due more frequently than
monthly;
' (B) The lienholder pay a late charge or fee for failure to
pay a storage charge by the date required in the agreement, if
the amount of the late charge is no greater than for late charges
imposed on facility tenants;
' (C) The lienholder maintain the personal property and the
space on which the personal property is stored in a manner
consistent with the rights and obligations described in the
rental agreement that the landlord currently provides to tenants
as required by ORS 90.510 (4); and
' (D) The lienholder repair any defects in the physical
condition of the personal property that existed prior to the
lienholder entering into the storage agreement, if the defects
and necessary repairs are reasonably described in the storage
agreement and, for homes that were first placed on the space
within the previous 24 months, the repairs are reasonably
consistent with facility standards in effect at the time of
placement. The lienholder shall have 90 days after entering into
the storage agreement to make the repairs. Failure to make the
repairs within the allotted time constitutes a violation of the
storage agreement and the landlord may terminate the agreement by
giving at least 14 days' written notice to the lienholder stating
facts sufficient to notify the lienholder of the reason for
termination. Unless the lienholder corrects the violation within
the notice period, the agreement terminates as provided and the
landlord may sell or dispose of the property without further
notice to the lienholder.
' (e) Notwithstanding subsection (7)(b) of this section, a
landlord may increase the storage charge if the increase is part
of a facility-wide rent increase for all facility tenants, the
increase is no greater than the increase for other tenants and
the landlord gives the lienholder written notice consistent with
the requirements of ORS 90.600 (1). + }
' { - (19) - } { + (f) + } During the term of an agreement
described under { + this + } subsection { - (18) of this
section - } , the lienholder shall have the right to remove or
sell the property, subject to the provisions of its lien. Selling
the property includes a sale to a purchaser who wishes to leave
the property on the rented space and become a tenant, subject to
the provisions of ORS 90.680. The landlord may condition approval
for occupancy of any purchaser of the property upon payment of
all { + unpaid + } storage charges and maintenance costs.
' { + (g)(A) Except as provided in paragraph (d)(D) of this
subsection, + } if the lienholder violates the { + storage + }
agreement, the landlord may terminate { - it upon - } { + the
agreement by giving at least + } 90 days' written notice { + to
the lienholder + } stating facts sufficient to notify the
lienholder of the reason for the termination. Unless the
lienholder corrects the violation within the notice period, the
agreement { - shall terminate - } { + terminates + } as
provided and the landlord may sell or dispose of the property
without further notice to the lienholder.
' { + (B) After a landlord gives a termination notice
pursuant to subparagraph (A) of this paragraph for failure of the
lienholder to pay a storage charge and the lienholder corrects
the violation, if the lienholder again violates the storage
agreement by failing to pay a subsequent storage charge, the
landlord may terminate the agreement by giving at least 30 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for termination. Unless the
lienholder corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
' (C) A lienholder may terminate a storage agreement at any
time upon at least 14 days' written notice to the landlord and
may remove the property from the facility if the lienholder has
paid all storage charges and other charges as provided in the
agreement. + }
' { - (20) - } { + (h) Upon the failure of a lienholder to
enter into a storage agreement as provided by this subsection or
+ }upon termination of an agreement { - described under
subsection (18) of this section - } , unless the parties
otherwise agree or the lienholder has sold or removed the
property, the landlord may sell or dispose of the property
pursuant to this section without further notice to the
lienholder.
' { - (21) - } { + (19) + } If the personal property is
considered abandoned as a result of the death of a tenant who was
the only tenant, { - the provisions of subsections (1) to (20)
of - } this section { - shall apply - } { + applies + },
except as follows:
' (a) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
shall apply to any personal representative named in a will or
appointed by a court to act for the deceased tenant or any person
designated in writing by the tenant to be contacted by the
landlord in the event of the tenant's death.
' (b) The notice required by subsection (3) of this section
shall be:
' (A) Sent by first class mail to the deceased tenant at the
premises; and
' (B) Personally delivered or sent by first class mail to any
personal representative or designated person if actually known to
the landlord.
' (c) The notice described in subsection (5) of this section
shall refer to any personal representative or designated person,
instead of the deceased tenant, and shall incorporate the
provisions of this subsection.
' (d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so
requests, the landlord shall enter into a written
{ + storage + } agreement with the representative or person
providing that the personal property { - shall - } { +
may + } not be sold or disposed of by the landlord for up to 90
days or until conclusion of any probate proceedings, whichever is
later { - , so long as the representative or person makes timely
periodic payment of all future storage charges as provided by
subsection (7)(b) of this section and maintains the property and
the rented space on which it is stored - } . { + A storage
agreement entitles the representative or person to store the
personal property on the previously rented space during the term
of the agreement, but does not entitle anyone to occupy the
personal property. + } If such an agreement is entered, the
landlord
{ - shall - } { + may + } not enter a similar agreement with
a lienholder pursuant to subsection (18) of this section until
the agreement with the personal representative or designated
person ends.
{ + ' (e) If a personal representative or other person
requests that a landlord enter into a storage agreement,
subsections (18)(c) to (e) and (g)(C) of this section apply, with
the representative or person having the rights and
responsibilities of a lienholder with regard to the storage
agreement. + }
' { - (e) - } { + (f) + } During the term of an agreement
described under paragraph (d) of this subsection, the
representative or person shall have the right to remove or sell
the property, including a sale to a purchaser or a transfer to an
heir or devisee where the purchaser, heir or devisee wishes to
leave the property on the rented space and become a tenant,
subject to the provisions of ORS 90.680. The landlord also may
condition approval for occupancy of any purchaser, heir or
devisee of the property upon payment of all { + unpaid + }
storage charges and maintenance costs.
' { + (g) + } If the representative or person violates the
{ + storage + } agreement, the landlord may terminate { - it
upon - } { + the agreement by giving at least + } 30 days'
written notice { + to the representative or person + } stating
facts sufficient to notify the representative or person of the
reason for the termination. Unless the representative or person
corrects the violation within the notice period, the agreement
{ - shall terminate - } { + terminates + } as provided and the
landlord may sell or dispose of the property without further
notice to the representative or person.
' { - (22) - } { + (h) Upon the failure of a representative
or person to enter into a storage agreement as provided by this
subsection or + }upon termination of an agreement
{ - described under subsection (21)(d) of this section - } ,
unless the parties otherwise agree or the representative or
person has sold or removed the property, the landlord may sell or
dispose of the property pursuant to this section without further
notice to the representative or person.
' { + (20) If a governmental agency determines that the
condition of personal property abandoned under this section
constitutes an extreme health or safety hazard under state or
local law and the agency determines that the hazard endangers
others in the facility and requires quick removal of the
property, the landlord may sell or dispose of the property
pursuant to this subsection. The landlord shall comply with all
provisions of this section, except as follows:
' (a) The date provided in subsection (6) of this section by
which a tenant, lienholder, personal representative or designated
person must contact a landlord to arrange for the disposition of
the property shall be not less than 15 days after personal
delivery or mailing of the notice required by subsection (3) of
this section.
' (b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, personal representative or
designated person must remove the property shall be not less than
seven days after the tenant, lienholder, personal representative
or designated person contacts the landlord.
' (c) The notice required by subsection (3) of this section
shall be as provided in subsection (5) of this section, except
that:
' (A) The dates and deadlines in the notice for contacting the
landlord and removing the property shall be consistent with this
subsection;
' (B) The notice shall state that a governmental agency has
determined that the property constitutes an extreme health or
safety hazard and must be removed quickly; and
' (C) The landlord shall attach a copy of the agency's
determination to the notice.
' (d) If the tenant, a lienholder or a personal representative
or designated person does not remove the property within the time
allowed, the landlord or a buyer at a sale by the landlord under
subsection (11) of this section shall promptly remove the
property from the facility.
' (e) A landlord is not required to enter into a storage
agreement with a lienholder, personal representative or
designated person pursuant to subsection (18) of this
section. + }
' { - (23) - } { + (21)(a) + } { - Except for personal
property that is subject to subsection (21) of this section, - }
A landlord may sell or dispose of a tenant's abandoned personal
property without complying with the provisions of this section
if, after termination of the tenancy or no more than seven days
prior to the termination of the tenancy, the { - landlord and
the tenant and any lienholder - } { + following parties + } so
agree in a writing entered into in good faith { - . - } { + :
' (A) The landlord;
' (B) The tenant, or for an abandonment as the result of the
death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to
possession of the personal property, such as an heir or devisee,
as described in subsection (19) of this section; and
' (C) Any lienholder.
' (b) + }A landlord { - shall - } { + may + } not, as part
of a rental agreement, as a condition to approving a sale of
property on rented space under ORS 90.680 or in any other manner,
require a tenant { + , a personal representative, a designated
person + } or any lienholder to waive any right provided by this
section.
' { - (24) - } { + (22) + } Until personal property is
conclusively presumed to be abandoned under subsection (9) of
this section, a landlord { - shall - } { + does + } not have
a lien pursuant to ORS 87.152 for storing the personal
property.'.
In line 5, delete '28' and insert '41'.
In line 6, after '91.120.' delete the rest of the line and
insert 'An employee described in ORS 90.110 (7) may only be
evicted'.
In line 7, delete 'may only evict the employee'.
In line 11, delete '29' and insert '42'.
In line 28, delete '30' and insert '43'.
On page 23, line 43, delete '31' and insert '44'.
On page 25, after line 25, insert:
' { + SECTION 45. + } ORS 90.635 is amended to read:
' 90.635. (1) If a facility is closed or a portion of a
facility is closed, resulting in the termination of the rental
agreement between the landlord of the facility and a tenant
renting space for a manufactured dwelling, whether because of the
exercise of eminent domain, by order of the state or local
agencies, or as provided under ORS 90.630 { - (6) - } { +
(5) + }, the landlord shall provide notice to the tenant of the
tax credit provided under ORS 316.153. The notice shall state the
eligibility requirements for the credit, information on how to
apply for the credit and any other information required by the
Manufactured Dwelling Park Ombudsman by rule.
' (2) The notice described under subsection (1) of this section
shall be sent to a tenant affected by a facility closure on or
before:
' (a) The date notice of rental termination must be given to
the tenant under ORS 90.630 { - (6) - } { + (5) + }, if
applicable; or
' (b) In the event of facility closure by exercise of eminent
domain or by order of a state or local agency, within 15 days of
the date the landlord received notice of the closure.
' (3) The landlord shall forward to the Manufactured Dwelling
Park Ombudsman a list of the names and addresses of tenants to
whom notice under this section has been sent.
' (4) The Manufactured Dwelling Park Ombudsman may adopt rules
to implement this section, including rules specifying the form
and content of the notice described under this section.'.
In line 26, delete '32' and insert '46'.
On page 28, line 11, delete '33' and insert '47'.
In line 37, delete '34' and insert '48'.
In line 42, after 'sheriff' insert 'or process server ' and
after 'and' insert 'the sheriff'.
On page 29, delete lines 16 through 45 and delete pages 30 and
31.
On page 32, delete lines 1 through 30 and insert:
' { + SECTION 49. + } ORS 90.775 is amended to read:
' 90.775. The Housing and Community Services Department may
adopt rules necessary to carry out the provisions of { - ORS
90.770 - } { + section 26 of this 2001 Act + }.
' { + SECTION 49a. + } ORS 105.138 is amended to read:
' 105.138. (1) Notwithstanding ORS 105.137 (5), if a party to
an action to which ORS 90.505 to 90.840 apply moves for an order
compelling arbitration and abating the proceedings, the court
shall summarily determine whether the controversy between the
parties is subject to an arbitration agreement enforceable under
section ORS 90.610 { - (1) - } { + (2) + } and, if so, shall
issue an order compelling the parties to submit to arbitration in
accordance with the agreement and abating the action for not more
than 30 days, unless the parties agree to an order of abatement
for a longer period acceptable to the court.
' (2) If the court issues an order compelling arbitration under
subsection (1) of this section, the court { - shall - } { +
may + } not order the payment of rent into court pending the
arbitration unless the court finds such an order is necessary to
protect the rights of the parties.
' { + SECTION 50. + } ORS 316.153 is amended to read:
' 316.153. (1) As used in this section:
' (a) 'Involuntary move' means a move forced on an owner due to
the termination of the owner's rental agreement for a facility
space resulting from the closure of the facility, or portion of
the facility, as defined in ORS 90.100.
' (b) 'Mobile home' has the meaning given 'manufactured
dwelling' in ORS 446.003, and includes only a mobile home with a
fair market value of $50,000 or less on the date that the mobile
home is involuntarily moved.
' (c) 'Qualified individual' means an individual who:
' (A) Owns and occupies as a principal residence, on the date
of the involuntary move, a mobile home involuntarily moved; and
' (B) Has a federal adjusted gross income, as described under
ORS 316.013, of $30,000 or less for the tax year in which the
mobile home is involuntarily moved.
' (2) A qualified individual is allowed a credit against the
taxes otherwise due under this chapter. The amount of the credit
is the lesser of:
' (a) $1,500; or
' (b) The actual cost of moving and setting up the mobile home
after subtracting any payments or reimbursements received by the
qualified individual under ORS 90.630 { - (6) and (7) - } { +
(5) and (6) + }.
' (3)(a) One-third of the total amount of credit allowed under
this section must be claimed by the qualified individual for the
tax year in which the mobile home is involuntarily moved and
one-third of the credit in each of the two tax years immediately
following.
' (b) Any credit which is not used by the taxpayer in a
particular year may be carried forward and offset against the
taxpayer's tax liability for the next succeeding tax year. Any
credit remaining unused in the next succeeding tax year may be
carried forward and used in the second succeeding tax year, and
likewise any credit not used in that second succeeding tax year
may be carried forward and used in the third succeeding tax year,
and any credit not used in that third succeeding tax year may be
carried forward and used in the fourth succeeding tax year, and
any credit not used in that fourth succeeding tax year may be
carried forward and used in the fifth succeeding tax year, but
may not be carried forward for any tax year thereafter.
' (c) The credit allowed to a qualified individual is available
for only one involuntary move of a mobile home.
' (d) If the taxpayer is married at the close of the tax year,
the credit shall be allowed to only one taxpayer if the spouses
file separate returns for the tax year. Marital status shall be
determined as provided under section 21 (e)(3) and (4) of the
Internal Revenue Code, as amended and in effect on December 31,
1998.
' { + SECTION 51. + } { + (1) Except as provided in
subsection (2) of this section, sections 23 and 24 of this 2001
Act and the amendments to ORS 90.600, 90.620 and 90.630 by
sections 36, 37 and 38 of this 2001 Act apply to month-to-month
and fixed term manufactured dwelling and floating home tenancies
entered into before, on or after the effective date of this 2001
Act.
' (2) Rental agreements that are fixed term tenancies entered
into before the effective date of this 2001 Act are not made
invalid by the duration of the rental agreement being less than
two years. Upon renewal or extension as provided in section 24 of
this 2001 Act, the rental agreement must comply with the
requirement for a minimum two-year term as provided in section 23
of this 2001 Act. + }
' { + SECTION 52. + } { + (1) The amendments to ORS 90.510
(5) and 90.530 by sections 35a and 35b of this 2001 Act apply to
rental agreements entered into before, on or after the effective
date of this 2001 Act.
' (2) The amendments to ORS 90.530 by section 35b of this 2001
Act do not affect the right of a landlord to keep or continue to
hold any one-time, monthly or other periodic amounts charged for
a tenant's possession of a pet pursuant to a rental agreement
entered into before November 1, 1997, and collected before the
effective date of this 2001 Act. + }
' { + SECTION 53. + } { + The amendments to ORS 90.610 by
section 36a of this 2001 Act apply to any proposed rule or
regulation change for which the landlord gives notice on or after
the effective date of this 2001 Act. + }
' { + SECTION 54. + } { + A landlord may, as provided in ORS
90.510 (4)(c), unilaterally amend a rental agreement existing on
the effective date of this 2001 Act to incorporate the amendments
to ORS 90.510 and 90.610 by sections 35a and 36a of this 2001
Act. + }
' { + SECTION 55. + } { + Section 54 of this 2001 Act is
repealed January 2, 2006. The repeal of section 54 of this 2001
Act by this section does not affect the validity of any
unilateral amendment of a rental agreement made pursuant to
section 54 of this 2001 Act. + }
' { + SECTION 56. + } { + Notwithstanding sections 5, 6, 15
and 16 of this 2001 Act, prior to January 1, 2004, a clerk of the
court may:
' (1) Make available either the forms set forth in sections 5
and 6 of this 2001 Act or the form set forth in ORS 105.125 (1999
Edition) for plaintiff use in bringing an eviction complaint.
' (2) Use either the forms set forth in sections 15 and 16 of
this 2001 Act or the form set forth in ORS 105.154 (2) (1999
Edition) for issuing a notice of restitution. + }
' { + SECTION 57. + } { + Section 28, chapter 104, Oregon
Laws 2001 (Enrolled House Bill 2609) (amending ORS 90.632), is
repealed. + } ' .
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