71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1959
B-Engrossed
Senate Bill 194
Ordered by the House May 30
Including Senate Amendments dated April 6 and House Amendments
dated May 30
Sponsored by Senator R BEYER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes minimum 24 hours' written notice requirement for
termination of occupancy prior to eviction of purchaser or seller
in connection with residential contract of sale. Excludes
occupancy in connection with contract of sale from coverage by
forcible entry and wrongful detainer provisions.
{ + Requires rental agreement for space for dwelling or
floating home to be month-to-month or fixed term. Provides fixed
term tenancy must have at least two-year duration or term.
Establishes procedures for renewal or extension of fixed term
tenancy.
Modifies provisions dealing with confidentiality of information
pertaining to landlords and tenants of manufactured dwelling and
floating home facilities.
Modifies provisions dealing with abandonment of personal
property and manufactured dwellings or floating homes. + }
Modifies provisions governing forcible entry and wrongful
detainer actions.
Allows tenant of dwelling to require writing evidencing payment
of rent from landlord.
Modifies provisions dealing with posting of dwellings by
government agencies.
Makes related changes.
A BILL FOR AN ACT
Relating to landlord-tenant law; creating new provisions;
amending ORS 21.325, 23.164, 23.445, 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;
and repealing ORS 90.770, 105.125, 105.147 and 105.154 and
section 28, chapter 104, Oregon Laws 2001.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2001 Act is added to and made
a part of ORS 91.010 to 91.110. + }
SECTION 2. { + A dwelling unit purchaser or seller described
in ORS 90.110 (2) may only be evicted pursuant to ORS 105.105 to
105.168 after at least 24 hours' written notice of the
termination of the occupancy or a notice period set forth in a
written agreement of sale, whichever is longer. This section does
not create the relationship of landlord and tenant between the
seller and purchaser. + }
SECTION 3. { + ORS 105.125 is repealed and sections 4 to 6 of
this 2001 Act are enacted in lieu thereof. + }
SECTION 4. { + (1) In an action pursuant to ORS 105.110, it is
sufficient to state in the complaint:
(a) A description of the premises with convenient certainty;
(b) That the defendant is in possession of the premises;
(c) That, in the case of a dwelling unit to which ORS chapter
90 does not apply, the defendant entered upon the premises with
force or unlawfully holds the premises with force; and
(d) That the plaintiff is entitled to the possession of the
premises.
(2) The plaintiff may include, at the plaintiff's option, the
defendant's Social Security number in the complaint for the
purpose of accuracy in tenant screening information. This
subsection does not require a tenant to have a Social Security
number in order to enter into a rental agreement. + }
SECTION 5. { + For a complaint described in section 4 of this
2001 Act, if ORS chapter 90 applies to the dwelling unit:
(1) The complaint must be in substantially the following form
and be available from the clerk of the court: + }
_________________________________________________________________
{ +
IN THE CIRCUIT COURT + }
{ +
FOR THE COUNTY OF + }
{ +
______ + }
{ +
No. ___ + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
RESIDENTIAL EVICTION COMPLAINT + } { + PLAINTIFF (Landlord or
agent): + }
________
________
{ + Address: + } ______
{ + City: + } ______
{ + State: + } ______ { + Zip: + } _____
{ + Telephone: + } ______
{ + vs. + }
{ + DEFENDANT (Tenants/Occupants): + }
________
________
{ + MAILING ADDRESS: + } ______
{ + City: + } ______
{ + State: + } ______ { + Zip: + } _____
{ + Telephone: + } ______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + Defendant's Social Security number _____ (Optional
information for purposes of identification.) + }
{ +
1. + }
{ + Tenants are in possession of the dwelling unit, premises
or rental property described above or located at: + }
__________
{ +
2. + }
{ + Landlord is entitled to possession of the property
because of: + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
___
{ +
24-hour notice for personal
injury, substantial damage, extremely
outrageous act or unlawful occupant.
ORS 90.400 (3).
___
24-hour or 48-hour notice for
violation of a drug or alcohol
program.
ORS 90.400 (9).
___
72-hour or 144-hour notice for
nonpayment of rent. ORS 90.400 (2).
___
7-day notice with stated cause in
a week-to-week tenancy.
ORS 90.400 (1)(a) and (e)(A)
___
10-day notice for a pet violation,
a repeat violation in a month-to-month
tenancy or without stated cause in a
week-to-week tenancy. ORS 90.405,
90.400 (1)(d) or 90.427 (1).
___
20-day notice for a repeat violation.
ORS 90.630 (4).
___
30-day or 180-day notice without
stated cause in a month-to-month
tenancy. ORS 90.427 (2) or 90.429.
___
30-day notice with stated cause.
ORS 90.400 (1), 90.630 or 90.632.
___
Other notice ______ + }
{ +
___
No notice (explain) ______ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED + }
{ +
3. + }
{ + If the landlord uses an attorney, the case goes to trial
and the landlord wins in court, the landlord can collect attorney
fees from the defendant pursuant to ORS 90.255 and 105.137 (3).
Landlord requests judgment for possession of the premises,
court costs, disbursements and attorney fees.
I certify that the allegations and factual assertions in this
complaint are true to the best of my knowledge. + }
________
{ + Signature of landlord or agent. + }
_________________________________________________________________
{ + (2) The complaint must be signed by the plaintiff or an
attorney representing the plaintiff as provided by ORCP 17, or
verified by an agent or employee of the plaintiff or an agent or
employee of an agent of the plaintiff.
(3) A copy of the notice relied upon, if any, must be attached
to the complaint. + }
SECTION 6. { + For a complaint described in section 4 of this
2001 Act, if ORS chapter 90 does not apply to the dwelling unit:
(1) The complaint must be in substantially the following + }
{ + form and be available from the clerk of the court: + }
_________________________________________________________________
{ +
IN THE CIRCUIT COURT + }
{ +
FOR THE COUNTY OF + }
{ +
______ + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
EVICTION COMPLAINT + }
{ +
(Tenancy not covered by ORS chapter 90) + }
{ +
No. + } ___
{ + (Landlord),
Plaintiff(s) + }
{ + vs. + }
{ + (Tenant),
Defendant(s) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ +
1. + }
{ + Defendant is in possession of the following premises: + }
______
______ { + (city) + }
{ +
2. + }
{ + Defendant entered upon the premises with force or is
unlawfully holding the premises with force. + }
{ +
3. + }
{ + Plaintiff is entitled to possession of the premises,
because: + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
___
{ +
30-day notice (month-to-month
tenancy)
___
30-day notice (cause)
___
Other notice (explain) ______
___
No notice (explain) ______ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + A COPY OF ANY NOTICE RELIED UPON IS ATTACHED + }
{ + Wherefore, plaintiff prays for possession of the
premises, costs and disbursements and attorney fees, if
applicable. + }
________
{ + Plaintiff + }
_________________________________________________________________
{ + (2) A copy of the notice relied upon, if any, must be
attached to the complaint. + }
SECTION 7. { + Section 8 of this 2001 Act is added to and made
a part of ORS 105.105 to 105.154. + }
SECTION 8. { + Notwithstanding ORCP 7 C, for premises to which
ORS chapter 90 or ORS 91.120 applies, the summons must be in
substantially the following form and be available from the court
clerk: + }
_________________________________________________________________
{ +
IN THE CIRCUIT COURT + }
{ +
FOR THE COUNTY OF + }
{ +
______ + }
{ +
No. ___ + }
{ +
SUMMONS + }
{ +
RESIDENTIAL EVICTION + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
PLAINTIFF (Landlord or agent): + }
________
________
{ +
vs. + }
{ +
DEFENDANT (Tenants/Occupants): + }
________
________
{ +
TO: __________
(Street address and city of property occupied by defendant) + }
__________
{ +
(Mailing address if different) + }
{ +
NOTICE TO TENANTS: + }
{ +
READ THESE PAPERS CAREFULLY + }
{ +
YOUR LANDLORD WANTS TO EVICT YOU + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + ON ______, 2___ AT ___ A.M./P.M., you must come to the
County Court House located at ______. You do not have to pay any
fees to the court for this first hearing. + }
o { + If you do not appear in court and your landlord does,
your landlord will win automatically and can have the Sheriff
physically remove you. + }
o { + If you do show up in court and your landlord does not,
this eviction action will be dropped. + }
o { + If both of you show up: + }
o { + The judge may ask you to try to reach an agreement
with your landlord, but this is voluntary. Trained mediators
may be available free of charge to help resolve disputes. + }
o { + The court will schedule a trial if you and your
landlord do not reach an agreement or if you do not agree to
move out. + }
{ + IF YOU WANT A TRIAL, YOU MUST: + }
o { + Show up in court at the time scheduled above; + }
o { + On the same day, file an Answer with the Court giving a
legal reason why you should not be evicted (the Court can give
you a form); + }
o { + Give a copy of the Answer to your landlord (or your
landlord's agent or attorney); and + }
o { + Pay a filing fee of $___ (the judge may allow payment to
be deferred in certain circumstances). + }
{ + IF YOU HAVE QUESTIONS, YOU SHOULD SEE AN ATTORNEY
IMMEDIATELY. If you need help finding an attorney, you can call
the Oregon State Bar's Lawyer Referral Service at 503-684-3763 or
toll-free in Oregon at 800-452-7636. + }
__________
{ + Signature of Plaintiff (landlord or agent) + }
{ + Plaintiff's address: ______ + }
__________
{ + Plaintiff's telephone number: ______ + }
{ + I certify that this is a true copy of the original
summons: + }
__________
{ + Signature of Plaintiff (landlord or agent) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 9. { + ORS 105.147 is repealed and sections 10 to 12
of this 2001 Act are enacted in lieu thereof. + }
SECTION 10. { + (1) In an action to recover possession of the
premises, if the court has entered an order by stipulation that
provides for the defendant to retain possession of the premises
contingent upon the defendant's performance or payment of moneys
by a certain date as provided under ORS 105.145 (2), and the
defendant fails to comply with the order, the plaintiff may
obtain and enforce a judgment of restitution of the premises
pursuant to this section and sections 11 and 12 of this 2001 Act.
(2) A plaintiff may obtain and enforce a judgment of
restitution based upon an order entered as provided under ORS
105.145 (2), provided the order includes only:
(a) Future performance or conduct as described in the order for
a period of not more than six months following entry of the
order;
(b) Payment of past due rent and other past due amounts
pursuant to a schedule provided in the order for a period of not
more than six months following entry of the order;
(c) Payment of rent due for future rental periods that follow
entry of the order pursuant to a schedule provided in the order
for not more than the first three monthly rental periods
following entry of the order; 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.
(4) If the defendant fails to comply with the order, the
plaintiff may file with the clerk of the court an affidavit of
noncompliance describing how the defendant has failed to comply.
The plaintiff shall attach a copy of the order to the affidavit.
The affidavit or the order must include the terms of the
underlying settlement agreement or stipulation or have a copy of
the agreement attached.
(5) Upon receipt of a plaintiff's affidavit:
(a) The court shall enter a judgment of restitution; and
(b) The clerk shall issue a notice of restitution as provided
by section 14 of this 2001 Act and attach to the notice a copy of
the plaintiff's affidavit of noncompliance and any attachments
for service.
(6) The court shall establish a procedure that allows the
defendant to request a hearing on the plaintiff's affidavit of
noncompliance and delay expiration of the notice of restitution
period or execution upon a judgment of restitution pending the
hearing. + }
SECTION 11. { + (1) To contest a plaintiff's affidavit of
noncompliance under section 10 of this 2001 Act and delay
expiration of the notice of restitution period or execution upon
the judgment of restitution, a defendant shall file a request for
hearing with the clerk of the court. The request must be filed
prior to issuance by the clerk of a writ of execution of judgment
of restitution and must include a statement by the defendant
describing how the defendant complied with the order or
describing why the defendant should not be required to comply.
(2) The clerk shall make available a document providing for a
request for hearing by a defendant. The document must be in
substantially the following form: + }
_________________________________________________________________
{ +
IN THE CIRCUIT COURT + }
{ +
FOR THE COUNTY OF + }
{ +
______ + }
{ +
Defendant's Request for Hearing to + }
{ +
Contest an Affidavit of Noncompliance + }
{ +
Case No. ___ + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
Landlord or agent (Plaintiff): ______ + }
{ +
vs. + }
{ +
Tenant/Occupant (Defendant): ______ + }
{ +
Address of Property: ______ + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + 1. My landlord has filed a statement with the court
saying that I have not complied with a court-approved agreement
and that as a result my landlord is entitled to possession of the
property.
2. I deny that the landlord is entitled to possession of the
property because (check one or more and explain below):
___ a. The landlord is wrong. I did comply with the agreement.
___ b. Before I could comply with the agreement, the landlord
was supposed to do what is described below, which the landlord
did not do.
___ c. The landlord and I changed the agreement and I complied
with the agreement as changed. The change that we agreed to is
explained below.
___ d. The landlord prevented me from keeping the agreement.
The way that the landlord did that is explained below.
___ e. The agreement was not made in good faith as required by
ORS 90.130.
___ f. A portion of the agreement was unconscionable as
described in ORS 90.135.
___ g. The landlord is required by law or contract to have good
cause to force me to move out and my alleged conduct or
performance does not meet the standard of good cause.
___ h. The landlord is claiming that I did not pay rent for a
period of time following the date of the agreement. I did not pay
that rent because I have claims for money against the landlord to
offset the rent. Those claims arise from the landlord's violation
of the Residential Landlord and Tenant Act or the rental
agreement since the date of the court order and are explained
below. + }
{ + Explanations: + }
__________
__________
__________
{ + (Signature of tenant) + }
______
_________________________________________________________________
SECTION 12. { + (1) Upon receipt of a timely filed request for
hearing described in section 11 of this 2001 Act, the clerk of
the court shall:
(a) Schedule a hearing on the defendant's request as soon as
practicable;
(b) Notify both parties of the hearing date; and
(c) Mail or send by facsimile a copy of the defendant's request
to the plaintiff.
(2)(a) At the hearing, except as provided in paragraph (b) of
this subsection, the court may consider only the following
issues:
(A) Whether the defendant complied with the order.
(B) Whether the plaintiff complied with any requirement of the
order that is a predicate to compliance by the defendant.
(C) Whether the parties agreed to modify the order and complied
with the modified order.
(D) Whether one party unfairly prevented compliance by the
other party.
(b) If ORS chapter 90 applies to a dwelling unit, in addition
to the issues described in paragraph (a) of this subsection, the
court may consider the following issues:
(A) Whether the stipulated agreement was entered into in good
faith as required by ORS 90.130 or is unconscionable as described
in ORS 90.135.
(B) Whether, for a defendant whose noncompliance concerns
performance or conduct, the noncompliance constitutes good cause
for purposes of an applicable law or contract that requires the
plaintiff to have good cause for terminating the tenancy.
(C) Whether, for a defendant whose noncompliance concerns a
failure to pay rent due for future rental periods pursuant to
section 10 (2)(c) of this 2001 Act, the defendant has claims
against the plaintiff for moneys that offset the rent. The
defendant's claims must be pursuant to ORS chapter 90 or the
rental agreement and must have arisen after the entry of the
order.
(c) The defendant may not raise defenses or claims involving
issues other than issues described in paragraphs (a) and (b) of
this subsection.
(3) If the court finds in favor of the plaintiff after the
hearing, the clerk 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 required.
(4) If the court finds in favor of the defendant after the
hearing, the court shall set aside the judgment. The court may
reinstate the order, terminate the order and enter a judgment
dismissing the plaintiff's action in favor of the defendant,
enter a new order or schedule a trial on the plaintiff's action
as soon as practicable.
(5) The court shall enter a judgment dismissing the plaintiff's
action in favor of the defendant without assessment of costs,
disbursements, prevailing party fees or attorney fees against
either party except as provided in the order and without further
notice to either party:
(a) Upon receipt of a writing signed by the plaintiff showing
compliance with or satisfaction of the order; or
(b) Twelve months following entry of the order, unless the
plaintiff has filed an affidavit of noncompliance and the court
has found in favor of the plaintiff on the affidavit. + }
SECTION 13. { + ORS 105.154 is repealed and sections 14 to 21
are enacted in lieu thereof. + }
SECTION 14. { + (1) If the court renders judgment for
restitution of the premises to the plaintiff, the plaintiff may
only enforce that judgment in the following manner:
(a) Issuance by the clerk of the court and service upon the
defendant of a notice of restitution that shall give the
defendant four days to move out of the premises, including
removal of all personal property; and
(b) After the expiration of the four-day period provided in the
notice of restitution, issuance by the clerk of the court and
service by the sheriff upon the defendant of a writ of execution
of judgment of restitution, directing the sheriff to enforce the
judgment by removing the defendant and the defendant's personal
property, not including any manufactured dwelling or floating
home to which ORS chapter 90 applies, and by returning possession
of the premises to the plaintiff, along with an eviction trespass
notice from the sheriff.
(2) Following entry of judgment for restitution of the premises
in favor of a plaintiff, or any date for possession as specified
in the judgment, whichever is later, the plaintiff may request
that the clerk of the court in which the judgment is entered
issue a notice of restitution. The notice of restitution shall
order the defendant to move out of the premises, including
removing all personal property, in no less than four days. The
plaintiff may direct the clerk to extend the notice period beyond
four days. Following payment of any required fees, the clerk
shall issue the notice. + }
SECTION 15. { + If the court entered a judgment pursuant to
section 10 of this 2001 Act, a notice of restitution issued by
the clerk of the court pursuant to section 14 of this 2001 Act
must be in substantially the following form: + }
_________________________________________________________________
{ +
IN THE CIRCUIT COURT FOR + }
{ +
THE COUNTY OF ______ + }
{ +
Notice of Restitution + }
{ +
because of not complying + }
{ +
with a court-approved agreement + }
{ +
Case Number _____ + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
TO: + }
________
{ +
(Tenant/Defendant) + }
________
{ +
(Address of rental property) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + You and your landlord made a court-approved agreement
allowing you to stay in the property. Your landlord claims that
you have not kept that agreement. (A copy of the landlord's claim
is attached.) Unless you can prove to the court why you should
not have to move out, you must move by the MOVE OUT DATE listed
below. If you do not, the landlord can have the Sheriff
physically remove you.
If you believe that you have kept the agreement or that you
have a legal reason for not keeping the agreement, you are
entitled to a court hearing. Legal reasons are listed in sections
11 and 12 of this 2001 Act. They include the landlord interfering
with your effort to keep the agreement and your complying with a
modification of the agreement made by you and your landlord.
To request a hearing, you must go to the court and complete a
form explaining why you believe that you have kept (or should not
be required to keep) the agreement. You have to do this
before ___ a.m./p.m. on ______. The Sheriff will not physically
remove you from the property before the hearing.
If the judge rules against you at the hearing, the landlord can
have the Sheriff physically remove you 24 hours later. + }
{ +
DEADLINE TO MOVE OUT + }
{ +
MOVE OUT DATE: ______ + }
{ + If you do not request a hearing, you must move out of the
property no later than 11:59 p.m. on the Move Out Date.
If you and everyone else living there do not move out by that
time, the Sheriff will physically remove you. You must also move
all of your belongings by that time. Anything you leave behind
will be stored or disposed of as allowed by law. + }
__________
{ + Deputy Court Administrator + }
_________________________________________________________________
SECTION 16. { + If a court entered a judgment other than
pursuant to section 10 of this 2001 Act, a notice of restitution
issued by the clerk of the court pursuant to section 14 of this
2001 Act must be in substantially the following form: + }
_________________________________________________________________
{ +
In the Circuit Court for the + }
{ +
County of ______ + }
{ +
NOTICE OF RESTITUTION + }
{ +
Case Number ______ + }
{ + TO: + } ______
{ + (Defendant/Tenant) + }
__________
__________
__________
{ + (Address of property) + }
{ +
DEADLINE TO MOVE OUT + }
{ +
MOVE OUT DATE: ______ + }
{ + The Court has ordered you to move out of the property.
You must move out no later than 11:59 p.m. on the Move Out Date.
If you and everyone else living there do not move out by that
time, the Sheriff will physically remove you. You must also move
all of your belongings by that time. Anything you leave behind
will be stored or disposed of as allowed by law. + }
__________
{ + Deputy Court Administrator + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 17. { + The writ of execution of judgment of
restitution referred to in section 14 of this 2001 Act must be in
substantially the following form: + }
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
{ +
State of Oreg)n, WRIT OF
) ssEXECUTION OF
) JUDGMENT OF
) RESTITUTION
County of ___
) + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ + To the Sheriff:
This was a forcible entry and detainer action for possession of
the following premises:
__________
__________ (city)
__________ (county)
Judgment was rendered on _____ (date) that the plaintiff have
restitution of the premises on or after _____ (date), and also
that the plaintiff recover costs and disbursements in the sum of
$_____.
In the name of the State of Oregon, you are ordered to enforce
and serve this writ on the defendant, in the manner provided in
section 21 (1) of this 2001 Act, after the four-day period
provided in the notice of restitution.
If the defendant, and the goods, vehicles, recreational
vehicles, manufactured dwellings, floating homes and other
personal property belonging to the defendant, are not removed by
the end of the four-day period or any delay requested by the
plaintiff, whichever is later, and if the plaintiff has paid all
fees for enforcement of this execution, you shall immediately
make legal service of this writ and an eviction trespass notice
on the defendant and deliver possession of the premises to the
plaintiff. You shall remove the defendant and any other person
subject to the judgment, if present, from the premises.
As determined by the plaintiff as follows, the sheriff or the
plaintiff shall remove to or store the defendant's goods,
vehicles, recreational vehicles, manufactured dwellings, floating
homes and other personal property at a place of safekeeping
(choose one or more boxes):
µ º The sheriff shall remove all of the defendant's personal
property, except any manufactured dwelling or floating home to
which ORS chapter 90 applies.
µ º The sheriff shall remove part of the defendant's personal
property, specifically:
_______________
_______________
µ º The plaintiff shall remove and store all or part of the
defendant's personal property.
In the case of a dwelling unit to which ORS chapter 90 applies,
the plaintiff may elect to remove and store all or part of the
defendant's personal property, except that only the plaintiff
shall store any manufactured dwelling or floating home, and it
shall be stored on the rented space.
DATED this __ day of _____, __. + }
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
{ +
Deputy Court Administrator + }
__________
{ +
Plaintiff + }
__________
{ +
Address + }
__________
{ +
City/State/Zip + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 18. { + The eviction trespass notice referred to in
section 14 of this 2001 Act must be in substantially the
following form: + }
_________________________________________________________________
{ +
EVICTION TRESPASS NOTICE + }
{ + Occupants of these premises located at: + }
__________
__________
__________
{ + have been evicted by an order of the court in _______ vs.
_______, Case Number ______.
Trespassing or entering into or upon these premises without
written consent of the landlord will result in arrest and
prosecution.
Any personal property present on these premises at the time
this notice was served, (date) __________, + }
{ + µ º is in the possession of the landlord and may be
redeemed by contacting the landlord at: + }
_______________
_______________
_______________
{ + µ º is in possession of the sheriff. Contact the
sheriff for further information. + }
{ + DATED + } __________
__________
{ + SHERIFF + }
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
SECTION 19. { + (1) For purposes of this section, 'process
server' means any competent person 18 years of age or older who:
(a) Is a resident of the State of Oregon;
(b) Is not the plaintiff, a relative of the plaintiff or an
agent of the plaintiff for purposes of management of the
premises;
(c) Is a person regularly employed in the business of serving
process; and
(d) Charges a fee no greater than that set by ORS 21.410 (1)(b)
for service of the notice of restitution.
(2) The sheriff or a process server shall serve the notice of
restitution under section 15 or 16 of this 2001 Act in the manner
provided by this subsection. Notwithstanding ORCP 10, by the end
of the next judicial day following the payment of fees:
(a) The sheriff or process server shall mail a copy of the
notice of restitution by first class mail to the defendant at the
premises; and
(b) The sheriff or process server shall serve the notice of
restitution at the premises by personal delivery to the defendant
or, if the defendant is not available for service, by attaching a
copy of the notice in a secure manner to the main entrance to
that portion of the premises of which the defendant has
possession.
(3) If service of the notice of restitution is made by a
process server, by the end of the next judicial day following
service the process server shall file with the clerk of the court
a certificate of service in the same manner as provided by ORCP 7
F(2)(a). + }
SECTION 20. { + (1) Notwithstanding ORCP 10, the four-day
period specified in section 14 (2) of this 2001 Act shall:
(a) Commence at 12:01 a.m. on the day following mailing and
service of the notice of restitution pursuant to section 19 of
this 2001 Act, including a Saturday or a Sunday or other legal
holiday; and
(b) End on the fourth calendar day following the mailing and
service except that if the fourth day is a Saturday or a Sunday
or other legal holiday, the period shall end at 12 midnight of
the day preceding the next judicial day.
(2) Except as provided in subsection (3) of this section, at
any time after the expiration of the period provided in the
notice of restitution, the plaintiff may request that the clerk
of the court issue a writ of execution of judgment of restitution
directing the sheriff to enforce the judgment of restitution by
returning possession of the premises to the plaintiff. Following
payment of any required fees, the clerk shall issue the writ in
substantially the form provided by section 17 of this 2001 Act.
(3) Unless the judgment otherwise provides, the clerk may not
issue a notice of restitution or a writ of execution of judgment
of restitution more than 60 days after the judgment is entered or
after any date for possession as specified in the judgment,
whichever is later. + }
SECTION 21. { + (1) Following issuance of the writ of
execution of judgment of restitution and payment of any fees
required by the sheriff, the sheriff shall immediately enforce
and serve the writ upon the defendant, along with the eviction
trespass notice, as follows:
(a) The sheriff shall mail a copy of the writ and the eviction
trespass notice by first class mail to the defendant at the
premises;
(b) The sheriff shall serve the writ and the eviction trespass
notice at the premises by personal delivery to the defendant or,
if the defendant is not available for service, by attaching the
writ and notice in a secure manner to the main entrance to that
portion of the premises of which the defendant has possession;
and
(c) Immediately following the service of the writ and the
eviction trespass notice, the sheriff shall return possession of
the premises to the plaintiff by removing the defendant or any
other person subject to the judgment, if present, and the
defendant's personal property, except that:
(A) In the case of a dwelling unit to which ORS chapter 90
applies, after the sheriff removes the defendant or other
persons, the plaintiff may elect to remove, store and dispose of
all or part of the defendant's personal property pursuant to ORS
105.165; and
(B) If the personal property includes a manufactured dwelling
or floating home to which ORS chapter 90 applies, the sheriff may
not remove the dwelling or home. The plaintiff shall store and
dispose of the dwelling or home pursuant to ORS 105.165 and
either ORS 90.425 or 90.675.
(2) Following issuance of the writ, at the plaintiff's request,
the sheriff shall delay enforcement and service of the writ.
(3) Any writ not enforced and served within 30 days following
issuance shall expire and become unenforceable.
(4) A judgment may not be enforced if the parties have entered
a new rental agreement or if the plaintiff has accepted rent for
a period of occupancy beginning after the judgment was
entered. + }
SECTION 22. { + 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.
SECTION 28. ORS 90.110 is amended to read:
90.110. Unless created to avoid the application of this
chapter, the following arrangements are not governed by this
chapter:
(1) Residence at an institution, public or private, if
incidental to detention or the provision of medical, geriatric,
educational, counseling, religious or similar service, but not
including residence in off-campus nondormitory housing.
(2) Occupancy { - under a contract of - } { + of a dwelling
unit for no more than 90 days by a purchaser prior to the
scheduled closing of a real estate sale or by a seller following
the closing of a sale, in either case as permitted under the
terms of an agreement for + } sale of a dwelling unit or the
property of which it is a part { - , if the occupant is the
purchaser or a person who succeeds to the interest of the
purchaser - } . { + The occupancy by a purchaser or seller
described in this subsection may be terminated only pursuant to
section 2 of this 2001 Act. A tenant who holds but has not
exercised an option to purchase the dwelling unit is not a
purchaser for purposes of this subsection. + }
(3) Occupancy by a member of a fraternal or social organization
in the portion of a structure operated for the benefit of the
organization.
(4) Transient occupancy in a hotel or motel.
(5) Occupancy by a squatter.
(6) Vacation occupancy.
(7) Occupancy by an employee of a landlord whose right to
occupancy is conditional upon employment in and about the
premises. However, the occupancy by an employee as described in
this subsection may be terminated only pursuant to ORS 91.120.
(8) Occupancy by an owner of a condominium unit or a holder of
a proprietary lease in a cooperative.
(9) Occupancy under a rental agreement covering premises used
by the occupant primarily for agricultural purposes.
SECTION 29. ORS 90.140 is amended to read:
90.140. { + (1) + } A landlord may require or accept the
following types of payments:
{ - (1) - } { + (a) + } Applicant screening charges,
pursuant to ORS 90.295;
{ - (2) - } { + (b) + } Deposits to secure the execution of
a rental agreement, pursuant to ORS 90.297;
{ - (3) - } { + (c) + } Security deposits, pursuant to ORS
90.300;
{ - (4) - } { + (d) + } Fees, pursuant to ORS 90.302;
{ - (5) - } { + (e) + } Rent, as defined in ORS 90.100;
{ - (6) - } { + (f) + } Prepaid rent, as defined in ORS
90.100;
{ - (7) - } { + (g) + } Utility or service charges,
pursuant to ORS 90.315 (4) or 90.510 (8);
{ - (8) - } { + (h) + } Late charges or fees, pursuant to
ORS 90.260; and
{ - (9) - } { + (i) + } Damages, for noncompliance with a
rental agreement or ORS 90.325, pursuant to ORS 90.400 (11) or as
provided elsewhere in this chapter.
{ + (2) A tenant who requests a writing that evidences the
tenant's payment is entitled to receive that writing from the
landlord as a condition for making the payment. The writing may
be a receipt, statement of the tenant's account or other
acknowledgement of the tenant's payment. The writing must include
the amount paid, the date of payment and information identifying
the landlord or the rental property. If the tenant makes the
payment by mail, deposit or a method other than in person and
requests the writing, the landlord shall within a reasonable time
provide the tenant with the writing in a manner consistent with
ORS 90.150. + }
SECTION 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. + }
SECTION 30. ORS 90.297 is amended to read:
90.297. (1) Except as provided in ORS 90.295 and in this
section, a landlord { - shall - } { + may + } not charge a
deposit or fee, however designated, to an applicant who has
applied to a landlord to enter a rental agreement for a dwelling
unit.
(2) A landlord may charge a deposit, however designated, to an
applicant for the purpose of securing the execution of a rental
agreement, after approving the applicant's application but prior
to entering into a rental agreement. The landlord must give the
applicant a written statement describing the terms of the
agreement to execute a rental agreement and the conditions for
refunding or retaining the deposit.
(a) If a rental agreement is executed, the landlord shall
either apply the deposit toward the moneys due the landlord under
the rental agreement or refund it immediately to the tenant.
(b) If a rental agreement is not executed due to a failure by
the applicant to comply with the agreement to execute, the
landlord may retain the deposit.
(c) If a rental agreement is not executed due to a failure by
the landlord to comply with the agreement to execute, within four
days the landlord shall return the deposit to the applicant
either by making the deposit available to the applicant at the
landlord's customary place of business or by mailing the deposit
by first class mail to the applicant. { - Proof of timely
compliance with this requirement shall include a postmark. - }
(3) If a landlord fails to comply with this section, the
applicant or tenant, as the case may be, may recover from the
landlord the amount of any fee or deposit charged, plus $100.
SECTION 31. ORS 90.300 is amended to read:
90.300. (1) As used in this section, 'security deposit '
includes any last month's rent deposit.
(2) Except as otherwise provided in this section, a landlord
may require the payment of a security deposit. A security deposit
or prepaid rent shall be held by the landlord for the tenant who
is a party to the rental agreement. The claim of a tenant to the
security deposit or prepaid rent shall be prior to the claim of
any creditor of the landlord, including a trustee in bankruptcy.
The holder of the landlord's interest in the premises at the time
of termination of the tenancy is responsible to the tenant for
any security deposit or prepaid rent and is bound by this
section.
(3)(a) A landlord may not change the rental agreement to
require the payment of a new or increased security deposit during
the first year after the tenancy has begun, except that an
additional deposit may be required if the landlord and tenant
agree to modify the terms and conditions of the rental agreement
to permit a pet or for other cause and the additional deposit
relates to that modification. This paragraph does not prevent the
collection of a security deposit that was provided for under an
initial rental agreement but remained unpaid at the time the
tenancy began.
(b) If a landlord requires a new or increased security deposit
after the first year of the tenancy, the landlord shall allow the
tenant at least three months to pay that deposit.
(4) The landlord may claim all or part of the security deposit
only if the security deposit was made for any or all of the
purposes provided by subsection (5) of this section.
(5) The landlord may claim from the security deposit only the
amount reasonably necessary:
(a) To remedy the tenant's defaults in the performance of the
rental agreement including, but not limited to, unpaid rent; and
(b) To repair damages to the premises caused by the tenant, not
including ordinary wear and tear.
(6) A security deposit or prepaid rent shall not be required or
forfeited to the landlord upon the failure of the tenant to
maintain a tenancy for a minimum number of months in a
month-to-month tenancy.
(7) Any last month's rent deposit shall be applied to the rent
due for the last month of the tenancy:
(a) Upon either the landlord or tenant giving to the other a
notice of termination, pursuant to this chapter, other than a
notice of termination under ORS 90.400 (2);
(b) Upon agreement by the landlord and tenant to terminate the
tenancy; or
(c) Upon termination pursuant to the provisions of a written
rental agreement for a term tenancy.
(8) Any portion of a last month's rent deposit not applied as
provided under subsection (7) of this section shall be accounted
for and refunded as provided under subsections (10) to (12) of
this section. Unless the tenant and landlord agree otherwise, a
last month's rent deposit shall not be applied to rent due for
any period other than the last month of the tenancy. A last
month's rent deposit shall not operate to limit the amount of
rent charged unless a written rental agreement provides
otherwise.
(9) Upon termination of the tenancy, a landlord shall account
for and refund to the tenant the unused balance of any prepaid
rent not previously refunded to the tenant as required by ORS
90.380 and 105.120 (4)(b) or any other provision of this chapter,
in the same manner as required for security deposits by this
section. The landlord may claim from the remaining prepaid rent
only the amount reasonably necessary to pay the tenant's unpaid
rent.
(10) In order to claim all or part of any prepaid rent or
security deposit, within 31 days after the termination of the
tenancy and delivery of possession the landlord shall give to the
tenant a written accounting that states specifically the basis or
bases of the claim. The landlord shall give a separate accounting
for security deposits and for prepaid rent.
(11) The security deposit or prepaid rent or portion thereof
not claimed in the manner provided by subsections (9) and (10) of
this section shall be returned to the tenant not later than 31
days after the termination of the tenancy and delivery of
possession to the landlord.
(12) The landlord shall give the written accounting as required
by subsection (10) of this section or shall return the security
deposit or prepaid rent as required by subsection (11) of this
section by personal delivery or by first class mail. { - Proof
of timely compliance with this requirement shall include a
postmark. - }
(13) If the landlord fails to comply with subsection (11) of
this section or if the landlord in bad faith fails to return all
or any portion of any prepaid rent or security deposit due to the
tenant under this chapter or the rental agreement, the tenant may
recover the money due in an amount equal to twice the amount:
(a) Withheld without a written accounting under subsection (10)
of this section; or
(b) Withheld in bad faith.
(14) This section does not preclude the landlord or tenant from
recovering other damages under this chapter.
SECTION 32. ORS 90.380 is amended to read:
90.380. { + (1) As used in this section, 'posted' means that a
governmental agency has attached a copy of the agency's written
determination in a secure manner to the main entrance of the
dwelling unit or to the premises or building of which the
dwelling unit is a part. + }
{ - (1) - } { + (2)(a) + } If a governmental agency has
posted a dwelling { + unit + }as { + unsafe and + } unlawful
to occupy due to the existence of conditions that violate state
or local law and materially affect health or safety { + to an
extent that, in the agency's determination, the tenant must
vacate the unit and another person may not take possession of the
unit + }, a landlord { - shall - } { + may + } not
{ + continue a tenancy or + }enter into a { - rental
agreement - } { + new tenancy + } for the dwelling unit until
the { + landlord corrects the + } conditions { - leading to
the posting are corrected - } { + that led to the agency's
determination + }.
{ - (2) - } { + (b) + } If a landlord knowingly violates
{ - subsection (1) of this section - } { + paragraph (a) of
this subsection + }, the tenant may immediately terminate the
tenancy by giving the landlord actual notice of the termination
and the reason for the termination and may recover { + from the
landlord + } either two months' periodic rent or up to twice the
actual damages sustained by the tenant as a result of the
violation, whichever is greater. The tenant need not terminate
the { - rental agreement - } { + tenancy + } to recover
damages under this section.
{ + (3)(a) If a governmental agency has given a written
notice to a landlord that a dwelling unit has been determined to
be unlawful, but not unsafe, to occupy due to the existence of
conditions that violate state or local law and materially affect
health or safety to an extent that, in the agency's
determination, although the unit is safe for an existing tenant
to occupy, another person may not take possession of the unit,
the landlord may not enter into a new tenancy for the dwelling
unit until the landlord corrects the conditions that led to the
agency's determination.
(b) If a landlord knowingly violates paragraph (a) of this
subsection, the tenant may recover from the landlord either two
months' periodic rent or up to twice the actual damages sustained
by the tenant as a result of the violation, whichever is greater.
(c) Notwithstanding paragraph (b) of this subsection, a
landlord is not liable to a tenant for a violation of paragraph
(a) of this subsection if, prior to the commencement of the
tenancy, the landlord discloses to the tenant that the dwelling
unit has been determined to be unlawful to occupy.
(d) A disclosure described in paragraph (c) of this subsection
must be in writing, include a description of the conditions that
led to the agency's determination and state that the landlord is
obligated to correct the conditions before entering into a new
tenancy. The landlord shall attach a copy of the agency's notice
to the disclosure. The notice copy may provide the information
required by this paragraph to be disclosed by the landlord to the
tenant.
(e) A disclosure described in paragraph (c) of this subsection
does not release the landlord from the duties imposed by this
chapter, including the duty to maintain the dwelling unit in a
habitable condition pursuant to ORS 90.320 or 90.730. A tenant
who enters into a tenancy after the landlord's disclosure does
not waive the tenant's other remedies under this chapter. The
disclosure does not prevent the governmental agency that made the
determination from imposing on the landlord any penalty
authorized by law for entering into the new tenancy.
(4)(a) If a governmental agency has made a determination
regarding a dwelling unit and has posted or given notice for
conditions described in subsection (2)(a) or (3)(a) of this
section, a landlord may not accept from an applicant for that
dwelling unit a deposit to secure the execution of a rental
agreement pursuant to ORS 90.297 unless, before accepting the
deposit, the landlord discloses to the applicant as provided by
subsection (3)(c) of this section that the dwelling unit has been
determined to be unlawful to occupy.
(b) If a landlord knowingly violates paragraph (a) of this
subsection or fails to correct the conditions leading to the
agency's determination before the date a new tenancy is to begin
as provided by the agreement to secure the execution of a rental
agreement, an applicant may terminate the agreement to secure the
execution of the rental agreement by giving the landlord actual
notice of the termination and the reason for termination. As a
result of a termination, the applicant may recover from the
landlord an amount equal to twice the deposit. If an applicant
recovers damages for a violation pursuant to this paragraph, the
applicant may not recover any amounts under ORS 90.297. + }
{ - (3) - } { + (5) + } If, after a landlord and a tenant
have entered into a { - rental agreement - } { + tenancy + },
a governmental agency posts a dwelling { + unit + } as
{ + unsafe and + } unlawful to occupy due to the existence of
conditions that violate state or local law, that materially
affect health or safety and that:
(a) Were not caused by the tenant, the tenant may immediately
terminate the tenancy by giving the landlord actual notice of the
termination and the reason for the termination; or
(b) Were not caused by the landlord or by the landlord's
failure to maintain the dwelling, the landlord may terminate the
tenancy by giving the tenant 24 hours' written notice of the
termination and the reason for the termination, after which the
landlord may take possession in the manner provided in ORS
105.105 to 105.168.
{ - (4) - } { + (6) + } If the tenancy is terminated, as a
result of conditions as described in subsections { - (1) and
(3) - } { + (2), (4) and (5) + } of this section, within 14
days of the notice of termination the landlord shall return to
the { + applicant or + } tenant:
(a) All of the { + deposit to secure the execution of a rental
agreement, + } security deposit or prepaid rent owed to the
{ + applicant under this section or to the + } tenant under ORS
90.300; and
(b) All rent prepaid for the month in which the termination
occurs, prorated { + , if applicable, + } to the date of
termination or the date the tenant vacates the premises,
whichever is later.
{ - (5) - } { + (7) + } If conditions at premises
{ - which - } { + that + } existed at the outset of the
tenancy and { - which - } { + that + } were not caused by the
tenant pose an imminent and serious threat to the health or
safety of occupants of the premises within six months from the
beginning of the tenancy, the tenant may immediately terminate
the rental agreement by giving the landlord actual notice of the
termination and the reason for the termination. In addition, if
the landlord knew or should have reasonably known of the
existence of the conditions, the tenant may recover either two
months' periodic rent or twice the actual damages sustained by
the tenant as a result of the violation, whichever is greater.
The tenant need not terminate the rental agreement to recover
damages under this section. Within four days of the tenant's
notice of termination, the landlord shall return to the tenant:
(a) All of the security deposit or prepaid rent owed to the
tenant under ORS 90.300; and
(b) All rent prepaid for the month in which the termination
occurs, prorated to the date of termination or the date the
tenant vacates the premises, whichever is later.
{ - (6)(a) - } { + (8)(a) + } A landlord shall return the
money due the { + applicant or + } tenant under subsections
{ - (4) and (5) - } { + (6) and (7) + } of this section either
by making the money available to the { + applicant or + } tenant
at the landlord's customary place of business or by mailing the
money by first class mail to the { + applicant or + } tenant.
{ - The money shall be returned within 14 days if the tenancy
is terminated under subsection (2) or (3) of this section or
within four days if the tenancy is terminated under subsection
(5) of this section. - }
(b) The { + applicant or + } tenant has the option of choosing
the method for return of any money due under this section. If the
{ + applicant or + } tenant fails to choose one of these
methods at the time of giving the notice of termination, the
landlord shall use the mail method, addressed to the
{ - tenant's - } last-known address { + of the applicant or
tenant + } and mailed within the relevant { + four-day or
14-day + } period { - (four or 14 days) - } following the
{ + applicant's or + } tenant's notice.
{ - (7) - } { + (9) + } If the landlord fails to comply
with subsection
{ - (6) - } { + (8) + } of this section, the { + applicant
or + } tenant may recover the money due in an amount equal to
twice the amount due.
SECTION 33. ORS 90.400 is amended to read:
90.400. (1)(a) Except as provided in this chapter, if there is
a material noncompliance by the tenant with the rental agreement,
a noncompliance with ORS 90.325 materially affecting health and
safety, a material noncompliance with a rental agreement
regarding a program of recovery in drug and alcohol free housing
or a failure to pay a late charge pursuant to ORS 90.260 or a
utility or service charge pursuant to ORS 90.315 (4), the
landlord may deliver a written notice to the tenant terminating
the tenancy for cause as provided in this subsection. The notice
shall specify the acts and omissions constituting the breach and
shall state that the rental agreement will terminate upon a date
not less than 30 days after delivery of the notice. If the breach
is remediable by repairs, payment of damages, payment of a late
charge or utility or service charge, change in conduct or
otherwise, the notice shall also state that the tenant can avoid
termination by remedying the breach within 14 days.
(b) If the breach is not remedied in 14 days, the rental
agreement shall terminate as provided in the notice subject to
paragraphs (c) and (d) of this subsection.
(c) If the tenant adequately remedies the breach before the
date for remedying the breach as specified in the notice, the
rental agreement shall not terminate.
(d) If substantially the same act or omission that constituted
a prior noncompliance of which notice was given pursuant to
paragraph (a) of this subsection recurs within six months after
the date specified in that notice as the date for remedying the
prior noncompliance, the landlord may terminate the rental
agreement upon at least 10 days' written notice specifying the
breach and the date of termination of the rental agreement.
{ + The date of termination specified in the 10-day notice
given pursuant to this paragraph may not be sooner than the date
of termination specified in the 30-day notice of the prior
noncompliance given pursuant to paragraph (a) of this
subsection. + }
(e) In the case of a week-to-week tenancy, the notice periods
in:
(A) Paragraph (a) of this subsection shall be changed from 30
days to seven days and from 14 days to four days;
(B) Paragraph (b) of this subsection shall be changed from 14
days to four days; and
(C) Paragraph (d) of this subsection shall be changed from 10
days to four days.
(f) This subsection does not apply to a tenancy governed by ORS
90.505 to 90.840.
(2) The landlord may immediately terminate the rental agreement
for nonpayment of rent and take possession of the dwelling unit
in the manner provided in ORS 105.105 to 105.168 after written
notice, as follows:
(a) In the case of a week-to-week tenancy, by delivering to the
tenant at least 72 hours' written notice of nonpayment and the
landlord's intention to terminate the rental agreement if the
rent is not paid within that period. The landlord shall give this
notice no sooner than on the fifth day of the rental period,
including the first day the rent is due.
(b) In the case of all other tenancies, by delivering to the
tenant:
(A) At least 72 hours' written notice of nonpayment and the
landlord's intention to terminate the rental agreement if the
rent is not paid within that period. The landlord shall give this
notice no sooner than on the eighth day of the rental period,
including the first day the rent is due; or
(B) If a written rental agreement so provides, at least 144
hours' written notice of nonpayment and the landlord's intention
to terminate the rental agreement if the rent is not paid within
that period. The landlord shall give this notice no sooner than
on the fifth day of the rental period, including the first day
the rent is due.
(c) The notices described in this subsection shall also specify
the date and time by which the tenant must pay the rent to cure
the nonpayment of rent.
(d) Payment by a tenant who has received a nonpayment of rent
notice under this subsection is timely if mailed to the landlord
within the period of the notice unless:
(A) The nonpayment of rent notice is personally served on the
tenant;
(B) A written rental agreement and the nonpayment of rent
notice expressly state that payment is to be made at a specified
location that is either on the premises or at a place where the
tenant has made all previous rent payments in person; and
(C) The place so specified is available to the tenant for
payment throughout the period of the notice.
(3) Except as provided in subsection (4) of this section, the
landlord, after at least 24 hours' written notice specifying the
acts and omissions constituting the cause and specifying the date
and time of the termination, may immediately terminate the rental
agreement and take possession in the manner provided in ORS
105.105 to 105.168, if:
(a) The tenant, someone in the tenant's control or the tenant's
pet seriously threatens immediately to inflict personal injury,
or inflicts any substantial personal injury, upon the landlord,
the landlord's agent or other tenants;
(b) The tenant, someone in the tenant's control, or the
tenant's pet inflicts any substantial personal injury upon a
neighbor living in the immediate vicinity of the premises or upon
a person other than the tenant on the premises with permission of
the landlord or another tenant;
(c) The tenant or someone in the tenant's control intentionally
inflicts any substantial damage to the premises or the tenant's
pet inflicts substantial damage to the premises on more than one
occasion;
(d) The tenant has vacated the premises, the person in
possession is holding contrary to a written rental agreement that
prohibits subleasing the premises to another or allowing another
person to occupy the premises without the written permission of
the landlord, and the landlord has not knowingly accepted rent
from the person in possession; or
(e) The tenant, someone in the tenant's control or the tenant's
pet commits any act that is outrageous in the extreme, on the
premises or in the immediate vicinity of the premises. An act
that is 'outrageous in the extreme' is an act not described in
paragraphs (a) to (c) of this subsection, but is similar in
degree and is one that a reasonable person in that community
would consider to be so offensive as to warrant termination of
the tenancy within 24 hours, considering the seriousness of the
act or the risk to others. Such an act is more extreme or serious
than an act that warrants a 30-day termination under subsection
(1) of this section. An act that is 'outrageous in the extreme '
includes, but is not limited to, the following acts by a person:
(A) Prostitution or promotion of prostitution, as described in
ORS 167.007 and 167.012;
(B) Manufacture or delivery of a controlled substance, as
described in ORS 475.005 but not including delivery as described
in ORS 475.992 (2)(b);
(C) Intimidation, as described in ORS 166.155 and 166.165; or
(D) Burglary as described in ORS 164.215 and 164.225.
(4) If the cause for a termination notice given pursuant to
subsection (3)(a), (b), (c) or (e) of this section is based upon
the acts of the tenant's pet, the tenant may cure the cause and
avoid termination of the tenancy by removing the pet from the
premises prior to the end of the notice period. The notice shall
describe the right of the tenant to cure the cause. If the tenant
returns the pet to the premises at any time after having cured
the violation, the landlord, after at least 24 hours' written
notice specifying the subsequent presence of the offending pet,
may terminate the rental agreement and take possession in the
manner provided in ORS 105.105 to 105.168. The tenant shall not
have a right to cure this subsequent violation.
(5) Someone is in the tenant's control, as that phrase is used
in subsection (3) of this section, when that person enters or
remains on the premises with the tenant's permission or consent
after the tenant reasonably knows or should know of that person's
act or likelihood to commit any act of the type described in
subsection (3)(a), (b), (c) and (e) of this section.
(6) The landlord's 24 hours' written notice given under
subsection (3)(d) of this section shall not be construed as an
admission by the landlord that the individual occupying the
premises is a lessee or sublessee of the landlord.
(7) With regard to 'acts outrageous in the extreme' as
described in subsection (3)(e) of this section, an act can be
proven to be outrageous in the extreme even if it is one that
does not violate a criminal statute. In addition, notwithstanding
the reference in subsection (3) of this section to existing
criminal statutes, the landlord's standard of proof in an action
for possession under this subsection remains the civil standard,
proof by a preponderance of the evidence.
(8) If a good faith effort by a landlord to terminate a tenancy
pursuant to subsection (3)(e) of this section and to recover
possession of the rental unit pursuant to ORS 105.105 to 105.168
fails by decision of the court, the landlord shall not be found
in violation of any state statute or local ordinance requiring
the landlord to remove that tenant upon threat of fine, abatement
or forfeiture as long as the landlord continues to make a good
faith effort to terminate the tenancy.
(9) If a tenant living for less than two years in drug and
alcohol free housing uses, possesses or shares alcohol, illegal
drugs, controlled substances or prescription drugs without a
medical prescription, the landlord may deliver a written notice
to the tenant terminating the tenancy for cause as provided in
this subsection. The notice shall specify the acts constituting
the drug or alcohol violation and shall state that the rental
agreement will terminate in not less than 48 hours after delivery
of the notice, at a specified date and time. The notice shall
also state that the tenant can cure the drug or alcohol violation
by a change in conduct or otherwise within 24 hours after
delivery of the notice. If the tenant cures the violation within
the 24-hour period, the rental agreement shall not terminate. If
the tenant does not cure the violation within the 24-hour period,
the rental agreement shall terminate as provided in the notice.
If substantially the same act that constituted a prior drug or
alcohol violation of which notice was given reoccurs within six
months, the landlord may terminate the rental agreement upon at
least 24 hours' written notice specifying the violation and the
date and time of termination of the rental agreement. The tenant
shall not have a right to cure this subsequent violation.
(10) Except as provided in this chapter, a landlord may pursue
any one or more of the remedies listed in this section,
simultaneously or sequentially.
(11) Except as provided in this chapter, the landlord may
recover damages and obtain injunctive relief for any
noncompliance by the tenant with the rental agreement or ORS
90.325 or 90.740.
SECTION 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.
SECTION 41. ORS 91.120 is amended to read:
91.120. { - A landlord or employer of an employee of the
landlord, as set forth in ORS 90.110 (7), may only evict the
employee - } { + An employee described in ORS 90.110 (7) may
only be evicted + } pursuant to ORS 105.105 to 105.168 after
{ - 24 hours following - } { + at least 24 hours' + } written
notice of the termination of employment or { - as - } { + a
notice period + } set forth in a written employment contract,
whichever is longer. This section does not create the
relationship of landlord and tenant between a landlord and such
employee.
SECTION 42. ORS 21.325 is amended to read:
21.325. In the circuit court there shall be charged and
collected in advance by the clerk of the court the following fees
for the following purposes and services:
(1) Making transcription from judgment docket in the format
provided in ORCP 70 A, $6.
(2) Filing and docketing transcript of judgment in the format
provided in ORCP 70 A, $6.
(3) Filing and docketing copy of foreign judgment and affidavit
filed as provided in ORS 24.115 and 24.125 or copy of child
custody determination of another state filed as provided in ORS
109.787, $35.
(4) Issuing writs of execution or writs of garnishment, $4 for
each writ.
(5) Preparing clerk's certificate of satisfaction of judgment,
$5.
(6) Issuing an order under ORS 23.710 requiring a judgment
debtor to appear when the order is issued by any court other than
the court in which the original judgment was entered, $4.
(7) Issuing notices of restitution as provided in { - ORS
105.154 - } { + section 14 of this 2001 Act + }, $3 for each
notice.
(8) For any service the clerk may be required or authorized to
perform and for which no fee is provided by law, such fees as the
Chief Justice of the Supreme Court may establish or authorize,
except that a fee may not be charged for location or inspection
of court records.
SECTION 43. ORS 23.164 is amended to read:
23.164. (1) A mobile home, and the property upon which the
mobile home is situated, that is the actual abode of and occupied
by the owner, or the owner's spouse, parent or child, when that
mobile home is occupied as a sole residence and no other
homestead exemption exists, shall be exempt from execution and
from liability in any form for the debts of the owner to the
value of $23,000, except as otherwise provided by law. When two
or more members of a household are debtors whose interests in the
homestead are subject to sale on execution, the lien of a
judgment or liability in any form, their combined exemptions
under this section { - shall - } { + may + } not exceed
$30,000. The exemption shall be effective without the necessity
of a claim thereof by the judgment debtor.
(2) The exemption provided for in subsection (1) of this
section { - shall - } { + is + } not { - be - } impaired
by temporary removal or absence with the intention to reoccupy
the mobile property as a home, nor by the sale thereof, but shall
extend to the proceeds derived from such sale up to $23,000 or
$30,000, whichever amount is applicable under subsection (1) of
this section, while the proceeds are held for a period not
exceeding one year and with the intention to procure another
mobile or other homestead therewith.
(3) Upon the issuance of an order authorizing sale as provided
in ORS 23.445, the levying officer may proceed to advertise and
sell the premises and, if the homestead exemption applies, out of
the proceeds pay the mobile home owner the sum of $23,000 or
$30,000, whichever amount is applicable under subsection (1) of
this section, and apply the balance of the proceeds on the
execution. However, no sale shall be made where the homestead
exemption applies unless the sum bid for the property is in
excess of the sum of the costs of sale and $23,000 or $30,000,
whichever amount is applicable. If no such bid is received, the
expense of the advertising and preparation for sale shall be
borne by the petitioner.
(4)(a) The provisions of subsections (1), (2), (3) and (7) of
this section do not apply to construction liens for work, labor
or material done or furnished exclusively for the improvement of
the mobile home, or to purchase money liens and to mortgages
lawfully executed, or to executions issued on a judgment
recovered for the purchase price.
(b) The provisions of subsections (3) and (7) of this section
do not apply to the sale on execution of a judgment of
restitution under { - ORS 105.154 - } { + section 21 of this
2001 Act + } of a mobile home removed from premises by the
levying officer pursuant to the execution.
(5) If a debtor owns a mobile home but not the property upon
which the mobile home is situated, subsections (1), (2), (3) and
(4) of this section shall apply, but the value of the debtor's
interest exempt from execution and liability { - shall - }
{ + may + } not exceed $20,000 for an individual debtor, or
$27,000 when two or more members of a household are debtors whose
interests in the homestead are subject to execution or liability
in any form.
(6) When the owner of a homestead under this section has been
granted a discharge in bankruptcy or has conveyed the property,
the value thereof, for the purpose of determining a leviable
interest in excess of the homestead exemption, shall be the value
on the date of the petition in bankruptcy, whether the value is
determined in the bankruptcy proceedings or not, or on the date
the conveyance becomes effective, whichever shall first occur.
(7) Except as provided in subsection (9) of this section, no
mobile home, or property upon which the mobile home is situated,
that is the actual abode of and occupied by the judgment debtor,
or that is the actual abode of and occupied by a spouse,
dependent parent or dependent child of the judgment debtor, shall
be sold on execution to satisfy a judgment that at the time of
entry does not exceed $3,000. The judgment shall remain a lien
upon the real property owned by the judgment debtor and upon
which the mobile home is situated, and the mobile home and real
property upon which it is situated may be sold on execution:
(a) At any time after the sale of the mobile home or real
property by the judgment debtor; and
(b) At any time after the mobile home or real property is no
longer the actual abode of and occupied by the judgment debtor or
the spouse, dependent parent or dependent child of the judgment
debtor.
(8) The limitation on execution sales imposed by subsection (7)
of this section is not impaired by temporary removal or absence
with the intention to reoccupy the mobile home and property as a
home.
(9) The limitation on execution sales imposed by subsection (7)
of this section does not apply if two or more judgments are owing
to a single judgment creditor and the total amount owing to the
judgment creditor, determined by adding the amount of each
individual judgment as of the date the judgment was entered, is
greater than $3,000.
(10) As used in this section, unless the context requires
otherwise, 'mobile home' includes, but is not limited to, a
houseboat.
SECTION 44. ORS 23.445 is amended to read:
23.445. (1) As used in this section and ORS 23.450 and 23.515:
(a) 'Mobile home' does not include a mobile home that is held
as inventory for sale or lease in the ordinary course of
business.
(b) 'Residential real property' means a single family dwelling
or condominium unit.
(2) The sheriff { - shall - } { + may + } not sell the
residential real property or the mobile home of a natural person
on execution without an order of the court authorizing the sale.
(3) The holder of a judgment desiring to have the residential
real property or the mobile home of a natural person sold on
execution may petition the court for an order authorizing the
sheriff to sell. The petition must:
(a) Identify the judgment under which the property is to be
sold and the amount due thereon;
(b) Indicate if the judgment arises out of an order or decree
for child support as described in ORS 23.242;
(c) Identify the residential real property or mobile home to be
sold;
(d) Allege whether the property is a homestead or not; and
(e) If the property is a homestead, allege facts showing that
it may nevertheless be sold on execution.
(4) The petition shall be accompanied by an affidavit
disclosing the basis of the allegations contained in the
petition. If the sheriff is to serve the papers under subsection
(6) of this section, the petition and affidavit shall be
accompanied by a deposit sufficient to pay the fees of the
sheriff for that service.
(5) Promptly upon the filing of a petition and affidavit as
provided in subsections (3) and (4) of this section, the court
shall schedule a hearing on the petition, allowing adequate time
for notice to the judgment debtor at least 10 days prior to the
hearing.
(6) At least 10 days prior to the hearing on the petition, the
petitioner shall cause to be served upon the judgment debtor, in
the manner provided by ORCP 7 for service of summons, a true copy
of the petition and affidavit and of a notice of the time and
place of the hearing in substantially the following form:
_________________________________________________________________
NOTICE OF HEARING ON SHERIFF'S
SALE OF YOUR PROPERTY
This is to notify you that ___ has asked the court to order the
sheriff to sell your property located at __ to satisfy a court
judgment against ___.
Before deciding whether to order the sale, the court will hold
a hearing on ___, 2__, at ____ a.m./p.m., in Room ___, ____.
The law provides that your property is your homestead if you,
or your spouse, dependent parent or dependent child, actually
live in it as your home. If you are temporarily absent from the
property but intend to move back in, it is still your homestead.
The law provides that if the property is your homestead, then
$___ of its value ($___ for a mobile home if you do not own the
property it is on) may not be taken to satisfy a judgment against
you. In addition, a homestead usually may not be sold to satisfy
a judgment for $3,000 or less.
The law provides that your property may be sold despite the
fact that it is your homestead and all of its value taken to
satisfy a judgment against you if the judgment is for child
support.
IF YOU WISH TO PROTECT THIS PROPERTY FROM A SHERIFF'S SALE, YOU
SHOULD COME TO THE COURT HEARING.
IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE A LAWYER AT ONCE.
If you do not own this property, please give this notice and
the papers served with it to the owner.
_________________________________________________________________
(7) Whether the judgment debtor appears at the hearing on the
petition or not, the court shall try the issues without formal
pleadings and shall inquire as to the facts alleged in the
petition. The judgment creditor shall have the burden of proof on
all issues.
(8) Except as provided in ORS 23.164 (9) and 23.240 (7), the
court { - shall - } { + may + } not authorize the sheriff to
sell the property if the court finds:
(a) That the property is the homestead of the judgment debtor;
(b) That the judgment is subject to the homestead exemption;
and
(c) That the amount of the judgment was $3,000 or less at the
time of entry of the judgment.
(9) If the court authorizes the sheriff to sell the property,
the order of the court shall state whether the homestead
exemption applies to the property, and if so, the amount of the
exemption.
(10) This section does not apply to a writ of execution to
enforce a judgment that directs the sale of the particular
property or to a writ of execution to enforce a judgment arising
out of the foreclosure of:
(a) A construction lien for work, labor or material done or
furnished exclusively for the improvement of the property;
(b) A lawfully executed purchase money lien; or
(c) A lawfully executed mortgage or trust deed.
(11) This section does not apply to the sale on execution of a
judgment of restitution under { - ORS 105.154 - } { + section
21 of this 2001 Act + } of a mobile home removed from premises by
the sheriff pursuant to the execution.
(12) If the petitioner prevails at the hearing, the court shall
award the petitioner the costs of service of the papers under
subsection (6) of this section.
SECTION 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.
SECTION 46. ORS 105.112 is amended to read:
105.112. (1) A tenant or former tenant may bring an action to
recover personal property taken or retained by a landlord in
violation of ORS chapter 90.
(2) An action under this section shall be governed by the
provisions of ORS 105.105 to 105.168 except that:
(a) The complaint shall be in substantially the following form
and shall be available from the court clerk:
_________________________________________________________________
IN THE ______
COURT FOR
THE COUNTY OF ________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Tenant), )
Plaintif)(s),
)
vs. ) No.__
)
(Landlord), )
)
Defendan)(s).
COMPLAINT FOR RETURN
OF PERSONAL PROPERTY
I
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Defendant(s) (is) (are) in possession of the following personal
property belonging to the plaintiff(s):
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
See attached list.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
II
Defendant(s) took the personal property alleged in paragraph I
from premises rented by plaintiff(s) from defendant(s) at:
__________ (street and number)
__________ (city)
__________ (county)
III
Plaintiff(s) (is) (are) entitled to possession of the personal
property because:
____ Defendant(s) took the personal property wrongfully because
plaintiff(s) had not abandoned the property, and because either
there was no court order awarding defendant(s) possession of the
premises or the plaintiff(s) (was) (were) not continuously absent
from the premises for seven days after such an order when
defendant(s) removed the personal property.
____ Defendant(s) lawfully took possession of the personal
property after enforcement of a court order for possession of the
premises pursuant to ORS 105.165, but refused to return the
personal property to plaintiff(s) without payment although
plaintiff(s) demanded return of the property within the time
provided by ORS 90.425 or 90.675.
____ Defendant(s) lawfully took possession of the personal
property pursuant to { - ORS 105.154 - } { + section 21 of
this 2001 Act + }, but refused to return the personal property to
plaintiff(s) although plaintiff(s) offered payment of all sums
due for storage and any costs of removal of the personal property
and demanded return of the property within the time provided by
ORS 90.425 or 90.675.
____ Other: __________
_________________________________________________________________
_________________________________________________________________
Wherefore, plaintiff(s) pray(s) for possession of the personal
property and costs and disbursements incurred herein.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____
_________
Date Signature of Plaintiff(s)
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(b) The complaint shall be signed by the plaintiff or an
attorney representing the plaintiff as provided by ORCP 17 or
verified by an agent or employee of the plaintiff or an agent or
employee of an agent of the plaintiff.
(c) The answer shall be in substantially the following form and
shall be available from the court clerk:
_________________________________________________________________
IN THE ______
COURT FOR
THE COUNTY OF ________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Tenant), )
)
Plaintif)(s),
)
vs. ) No.__
)
(Landlord), )
)
Defendan)(s).
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
ANSWER
I (we) deny that the plaintiff(s) is (are) entitled to
possession of the personal property subject of the complaint
because:
____ The defendant(s) did not take and do not have possession
of any of the property listed in the complaint.
____ The defendant(s) took possession of the personal property
as provided in ORS 90.425 or 90.675 after giving written notice
that it was considered abandoned, and the plaintiff(s) did not
make a timely demand for return of the property.
____ The defendant(s) took possession of the personal property
as provided in ORS 90.425 or 90.675 after giving written notice
that it was considered abandoned, but not after a sheriff's
enforcement of an eviction judgment against the plaintiff(s) as
provided in ORS 105.165, and the plaintiff(s) refused to pay
charges lawfully due for storage.
____ Other: __________
_________________________________________________________________
_________________________________________________________________
I (we) ask that the plaintiff(s) take nothing by the complaint
and that I (we) be awarded my (our) costs and disbursements.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____
_________
Date Signature of defendant(s)
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(d) The issue at trial shall be limited to whether the
plaintiff is entitled to possession of the personal property
listed in the complaint.
(e) No claim for damages shall be asserted by either party in
the action for possession of the personal property under this
section, but each party may pursue any claim for damages in a
separate action.
(f) A party may join an action for possession of personal
property with an action for damages or a claim for other relief,
but the proceeding { - shall - } { + is + } not { - be - }
governed by the provisions of ORS 105.105 to 105.168.
(g) If the court determines that the plaintiff is entitled to
possession of the personal property that is the subject of the
complaint, the court shall enter an order directing the sheriff
to seize the personal property to which the court finds the
plaintiff entitled, and to deliver that property to the
plaintiff. The court may provide that the defendant have a period
of time to deliver the property to the plaintiff voluntarily
before execution. The costs of execution may be recovered in the
manner provided in ORS 29.367.
(h) Subject to the provisions of ORCP 68, a prevailing party
who has been represented by counsel may recover attorney fees as
provided by ORS 90.255.
SECTION 47. ORS 105.115 is amended to read:
105.115. (1) Except as provided by subsections (2) and (3) of
this section, the following are causes of unlawful holding by
force within the meaning of ORS 105.110 and { - 105.125 - }
{ + sections 4 and 6 of this 2001 Act + }:
(a) When the tenant or person in possession of any premises
fails or refuses to pay rent within 10 days after it is due under
the lease or agreement under which the tenant or person in
possession holds, or to deliver possession of the premises after
being in default on payment of rent for 10 days.
(b) When the lease by its terms has expired and has not been
renewed, or when the tenant or person in possession is holding
from month to month, or year to year, and remains in possession
after notice to quit as provided in ORS 105.120, or is holding
contrary to any condition or covenant of the lease or is holding
possession without any written lease or agreement.
(2) In the case of a dwelling unit to which ORS chapter 90
applies, the following are causes of unlawful holding by force
within the meaning of ORS 105.110 and { - 105.125 - } { +
section 4 of this 2001 Act + }:
(a) When the tenant or person in possession of any premises
fails or refuses to pay rent within 72 hours or 144 hours, as the
case may be, of the notice required by ORS 90.400 (2).
(b) When a rental agreement by its terms has expired and has
not been renewed, or when the tenant or person in possession is
holding from month to month or from week to week and remains in
possession after a valid notice to quit as provided in ORS
105.120 (2), or is holding contrary to any valid condition or
covenant of the rental agreement or ORS chapter 90.
(3) In an action under subsection (2) of this section, ORS
chapter 90 shall be applied to determine the rights of the
parties, including:
(a) Whether and in what amount rent is due;
(b) Whether a tenancy or rental agreement has been validly
terminated; and
(c) Whether the tenant is entitled to remedies for retaliatory
conduct by the landlord as provided by ORS 90.385 and 90.765.
SECTION 48. ORS 105.165 is amended to read:
105.165. (1) In the case of a dwelling unit to which ORS
chapter 90 applies, the landlord may elect to remove, store and
dispose of all or part of the personal property left by the
tenant upon the premises following restitution of the premises
pursuant to { - ORS 105.154 - } { + section 21 of this 2001
Act + }, provided that:
(a) The sheriff { + or process server + } shall first serve
the notice of restitution and { + the sheriff + } shall
thereafter deliver possession of the premises to the landlord, as
provided in { - ORS 105.154 - } { + section 21 of this 2001
Act + }; and
(b) The landlord shall store and dispose of the personal
property of the tenant pursuant to ORS 90.425 or 90.675, except
that if the tenant claims that property within the time provided
in ORS 90.425 or 90.675, the landlord must make that property
available for removal by the tenant by appointment at reasonable
times and without the payment of any costs, charges or other
sums, and the notice to the tenant shall so state.
(2) Any cost incurred by the landlord for execution pursuant to
{ - ORS 105.154 - } { + sections 14 or 19 to 21 of this 2001
Act + } or for removal, storage or sale of the tenant's property
under this section and not recovered pursuant to ORS 90.425 (12)
or 90.675 (12) shall be added to the judgment.
(3) If the landlord fails to permit the tenant to recover
possession of the tenant's personal property under subsection
(1)(b) of this section, the tenant may recover, in addition to
any other amount provided by law, twice the actual damages or
twice the monthly rent, whichever is greater.
(4) If the tenant's personal property includes a manufactured
dwelling or floating home, the landlord shall use the alternative
method provided by this section for the dwelling or home. The
landlord may use the alternative method provided by this section
for all or part of the tenant's other personal property. If a
landlord elects to use this alternative method for part of the
tenant's other property, the remaining portion, not including any
manufactured dwelling or floating home, shall be removed by the
sheriff pursuant to { - ORS 105.154 - } { + section 21 of
this 2001 Act + }.
SECTION 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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