Relating to landlord-tenant law; creating new provisions; and amending ORS 90.100, 90.243, 90.400, 90.425, 90.435, 90.530, 90.675, 105.139, 105.145, 105.146, 105.148, 105.149 and 105.152.

 
 
 
     72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1745
 
                           A-Engrossed
 
                         House Bill 2765
                  Ordered by the House April 22
            Including House Amendments dated April 22
 
Sponsored by Representatives BACKLUND, DALTO
 
 
                             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.
 
   { +  Modifies certain rights and responsibilities of landlords
and tenants. + }
  Makes certain mandatory provisions regarding pets in
manufactured dwelling or floating home facility optional.
   { +  Defines drug and alcohol free housing.
  Modifies conditions for immediate termination of rental
agreement after at least 24 hours' notice.
  Modifies form for defendant's request for hearing to contest
affidavit of noncompliance. + }
 
                        A BILL FOR AN ACT
Relating to landlord-tenant law; creating new provisions; and
  amending ORS 90.100, 90.243, 90.400, 90.425, 90.435, 90.530,
  90.675, 105.139, 105.145, 105.146, 105.148, 105.149 and
  105.152.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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.
  (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.
  (7) 'Drug and alcohol free housing' means a   { - rental
agreement as - }  { +  dwelling unit + } described in ORS 90.243.
  (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.
  (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.
  (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.
  (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.
  (12) 'Fee' means a nonrefundable payment of money.
  (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.
  (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.
  (16) 'Good faith' means honesty in fact in the conduct of the
transaction concerned.
  (17) 'Hotel or motel' means 'hotel' as that term is defined in
ORS 699.005.
  (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.
  (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.
  (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.
  (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.
  (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.
  (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.
  (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.
  (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.
  (27) 'Person' includes an individual or organization.
  (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.
  (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.
  (30) 'Recreational vehicle' has the meaning given that term in
ORS 446.003.
  (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).
  (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.
  (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.
  (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.
  (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.
  (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).
  (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.
  (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.
  (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.
  (40) 'Transient lodging' means a room or a suite of rooms.
  (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.
  (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.
  (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 2. ORS 90.243 is amended to read:
  90.243. (1)  { + A dwelling unit qualifies as + }   { -  ' - }
drug and alcohol free housing  { -  ' is a rental agreement for a
dwelling in which - }  { +  if + }:
 
    { - (a) Each of the dwelling units on the premises is
occupied or held for occupancy by at least one tenant who is a
recovering alcoholic or drug addict and is participating in a
program of recovery; - }
   { +  (a)(A) For premises consisting of greater than eight
dwelling units, the dwelling unit is one of at least eight
contiguous dwelling units on the premises that are designated by
the landlord as drug and alcohol free housing dwelling units and
that are each occupied or held for occupancy by at least one
tenant who is a recovering alcoholic or drug addict and is
participating in a program of recovery; or
  (B) For premises consisting of eight or fewer dwelling units,
the dwelling unit is one of at least four contiguous dwelling
units on the premises that are designated by the landlord as drug
and alcohol free housing dwelling units and that are each
occupied or held for occupancy by at least one tenant who is a
recovering alcoholic or drug addict and is participating in a
program of recovery; + }
  (b) The landlord is a nonprofit corporation incorporated
pursuant to ORS chapter 65 or a housing authority created
pursuant to ORS 456.055 to 456.235;
  (c) The landlord provides { +  for the designated drug and
alcohol free housing dwelling units + }:
  (A) A drug and alcohol free environment, covering all tenants,
employees, staff, agents of the landlord and guests;
  (B)   { - An employee who monitors - }  { +  Monitoring of + }
the tenants for compliance with the requirements   { - of - }
 { +  described in + } paragraph (d) of this subsection;
  (C) Individual and group support for recovery; and
  (D) Access to a specified program of recovery; and
  (d) The rental agreement  { + for the designated drug and
alcohol free housing dwelling unit + } is in writing and includes
the following provisions:
   { +  (A) That the dwelling unit is designated by the landlord
as a drug and alcohol free housing dwelling unit; + }
    { - (A) - }  { +  (B) + } That the tenant   { - shall - }
 { +  may + } not use, possess or share alcohol, illegal drugs,
controlled substances or prescription drugs without a medical
prescription, either on or off the premises;
    { - (B) - }  { +  (C) + } That the tenant   { - shall - }
 { +  may + } not allow the tenant's guests to use, possess or
share alcohol, illegal drugs, controlled substances or
prescription drugs without a medical prescription, on the
premises;
    { - (C) - }  { +  (D) + } That the tenant shall participate
in a program of recovery, which specific program is described in
the rental agreement;
    { - (D) - }  { +  (E) + } That on at least a quarterly basis
the tenant shall provide written verification from the tenant's
program of recovery that the tenant is participating in the
program of recovery and that the tenant has not used alcohol or
illegal drugs;
    { - (E) - }  { +  (F) + } That the landlord has the right to
require the tenant to take a   { - urine analysis test
regarding - }  { +  test for + } drug or alcohol usage, { +
promptly and  + }at the landlord's discretion and expense; and
    { - (F) - }  { +  (G) + } That the landlord has the right to
terminate the tenant's tenancy in the drug and alcohol free
housing for noncompliance with the requirements   { - of - }
 { +  described in + } this paragraph, pursuant to ORS 90.400 (1)
and (9) or 90.630.
   { +  (2) A dwelling unit qualifies as drug and alcohol free
housing despite the premises not having the minimum number of
qualified dwelling units required by subsection (1)(a) of this
section if:
 
  (a) The premises are occupied but have not previously qualified
as drug and alcohol free housing;
  (b) The landlord designates certain dwelling units on the
premises as drug and alcohol free dwelling units;
  (c) The number of designated drug and alcohol free housing
dwelling units meets the requirement of subsection (1)(a) of this
section;
  (d) When each designated dwelling unit becomes vacant, the
landlord rents that dwelling unit to, or holds that dwelling unit
for occupancy by, at least one tenant who is a recovering
alcoholic or drug addict and is participating in a program of
recovery and the landlord meets the other requirements of
subsection (1) of this section; and
  (e) The dwelling unit is one of the designated drug and alcohol
free housing dwelling units.
  (3) The failure by a tenant to take a test for drug or alcohol
usage as requested by the landlord pursuant to subsection
(1)(d)(F) of this section may be considered evidence of drug or
alcohol use. + }
    { - (2) - }  { +  (4) + } As used in this section, 'program
of recovery ' means a verifiable program of counseling and
rehabilitation treatment services, including a written plan, to
assist recovering alcoholics or drug addicts to recover from
their addiction to alcohol or illegal drugs while living in drug
and alcohol free housing. A 'program of recovery' includes
Alcoholics Anonymous, Narcotics Anonymous and similar programs.
  SECTION 3. 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 - }  { +  does + } 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 - }  { +
reoccurs + } 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 tenant does not
have a right to cure this subsequent breach.  + }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.  { +  A landlord
may not terminate a rental agreement pursuant to this paragraph
if the only breach is a failure to pay the current month's
rent. + }
 
  (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  { +
substantial + } personal injury, or inflicts any substantial
personal injury, upon   { - the landlord, the landlord's agent or
other tenants - }  { +  a person on the premises other than the
tenant + };
   { +  (b) The tenant or someone in the tenant's control
recklessly endangers a person on the premises other than the
tenant by creating a serious risk of substantial personal
injury; + }
    { - (b) - }  { +  (c) + } 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) - }  { +  (d) + } 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;
   { +  (e)(A) The tenant intentionally provided substantial
false information on the application for the tenancy within the
past year;
  (B) The information was with regard to a criminal conviction of
the tenant that would have been material to the landlord's
acceptance of the application; and
  (C) The landlord terminates the rental agreement within 30 days
after discovering the falsity of the information; + }
    { - (d) - }  { +  (f) + } 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) - }  { +  (g) + } 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) - }  { +  (e) + } 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  { + or
possession  + }of a controlled substance, as described in ORS
475.005 { + , + } but not including { + : + }
  { - delivery as described in ORS 475.992 (2)(b); - }
   { +  (i) The medical use of marijuana in compliance with ORS
475.300 to 475.346;
  (ii) Possession of, or delivery for no consideration of, less
than one avoirdupois ounce of marijuana as described in ORS
475.992 (2)(b) or (4)(f); or
  (iii) Possession of prescription drugs; + }
  (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) - }  { +  (c), (d) or
(g) + } 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 - }  { +  does + }
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) - }  { +  (3)(a) to (d)
and (g) + } of this section.
  (6) The landlord's 24 hours' written notice given under
subsection   { - (3)(d) - }  { +  (3)(f) + } of this section
 { - shall not be construed as - }  { +  is not + } 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) - }  { +  (3)(g) + } 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  { + (3) of this section + } 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) - }  { +  (3)(g) + } 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 - }  { + may + } 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 - }  { +
does + } 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 - }  { +  does + } 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 4. 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.
  (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.
  (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 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 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 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 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 mailing of the notice; or
  (b) For all other abandoned personal property, not less than
five days after personal delivery or eight days after 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) 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 { +
following the date of the response + }, 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 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 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 $8,000 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 79.0610.
  (b) If there is no buyer at a sale of a manufactured dwelling
or floating home, the personal property is considered to be worth
$8,000 or less, regardless of current market value, and the
landlord shall 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, only under circumstances described in
paragraph (a), (b), (c) or (d) of this subsection:
  (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.
  (c)(A) There is a buyer of the manufactured dwelling or
floating home at a sale described under subsection (11) of this
section;
  (B) The current market value of the manufactured dwelling or
floating home is $8,000 or less; and
  (C) The proceeds of the sale 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.
  (d)(A) The landlord buys the manufactured dwelling or floating
home at a sale described under subsection (11) of this section;
  (B) The current market value of the manufactured dwelling or
floating home is more than $8,000;
  (C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes owed on the manufactured dwelling or
floating home after distribution of the proceeds pursuant to
subsection (12) of this section; and
  (D) The landlord disposes of the manufactured dwelling or
floating home.
  (14) The landlord 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 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 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 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
all rights under this section pursuant to subsection (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 (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 may not be sold or disposed of by the landlord for up to
12 months. 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 a storage agreement 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.
  (e) During the term of an agreement described under this
subsection, 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 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 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.
  (g) Upon the failure of a lienholder to enter into a storage
agreement as provided by this subsection or upon termination of
an agreement, 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.
  (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, this section applies,
except as follows:
  (a) 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 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. 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 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, subsection (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.
  (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 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 terminates as provided and the landlord may sell or
 
dispose of the dwelling or home without further notice to the
representative or person.
  (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, 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 - }  { +
immediate vicinity + } 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.
  (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.
  (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.
  (23)(a) 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 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 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.
  (24) Until personal property is conclusively presumed to be
abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal
property.
  SECTION 5. ORS 90.435 is amended to read:
  90.435. A landlord may not recover or take possession of the
dwelling unit by action or otherwise, including willful
diminution of services to the tenant by interrupting or causing
the interruption of heat, running water, hot water, electricity
or other essential service to the tenant, except in case of
abandonment  { - , - }   { + or + } relinquishment { + , + } or
as permitted in this chapter  { +  in the manner provided in ORS
105.105 to 105.168 + }.
  SECTION 6. 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 between a landlord renting a space for a
manufactured dwelling or floating home and a tenant renting the
space must comply with the following:
  (a) A landlord 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  { + landlord may
require the + } tenant   { - shall - }  { +  to + } sign a pet
agreement and  { + to + } provide proof of liability insurance.
The  { + landlord may require the + } tenant
  { - shall - }  { +  to + } 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 7. 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.
  (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 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 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 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 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 $8,000 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 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) 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 { +
following the date of the response + }, 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 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 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 $8,000 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 is considered to be
worth $8,000 or less, regardless of current market value, and the
landlord shall 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 only under circumstances
described in paragraph (a), (b), (c) or (d) of this subsection:
  (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.
  (c)(A) There is a buyer of the personal property at a sale
described under subsection (11) of this section;
  (B) The current market value of the personal property is $8,000
or less; and
  (C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes owed on the personal property after
distribution of the proceeds pursuant to subsection (12) of this
section.
  (d)(A) The landlord buys the personal property at a sale
described under subsection (11) of this section;
  (B) The current market value of the personal property is more
than $8,000;
  (C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes owed on the personal property after
distribution of the proceeds pursuant to subsection (12) of this
section; and
  (D) The landlord disposes of the personal property.
  (14) The landlord 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 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 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
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
all rights under this section pursuant to subsection (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 (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 may not be sold or disposed of by the
landlord for up to 12 months. 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 a storage agreement 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).
  (f) During the term of an agreement described under this
subsection, 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 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 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.
  (h) Upon the failure of a lienholder to enter into a storage
agreement as provided by this subsection or upon termination of
an agreement, 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.
  (19) If the personal property is considered abandoned as a
result of the death of a tenant who was the only tenant, this
section 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 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. 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 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, subsection (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.
  (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 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 terminates as provided and the landlord may sell or
dispose of the property without further notice to the
representative or person.
  (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, 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.
  (21)(a) 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 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 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.
  (22) Until personal property is conclusively presumed to be
abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal
property.
  SECTION 8. ORS 105.139 is amended to read:
  105.139. If a landlord brings an action for possession under
ORS 90.400   { - (3)(d) - }  { +  (3)(f) + } and the person in
possession contends that the tenant has not vacated the premises,
the burden of proof
  { - shall be - }  { +  is + } on the defendant as to that
issue.
  SECTION 9. ORS 105.145 is amended to read:
  105.145. (1) If an action is tried by the court without a jury,
and after hearing the evidence   { - it - }   { + the court + }
concludes that the complaint is not true,   { - it - }   { + the
court + } shall enter judgment against the plaintiff for costs
and disbursements. If the court finds the complaint true or if
judgment is rendered by default,
  { - it - }   { + the court + } shall render a general judgment
against the defendant and in favor of the plaintiff, for
restitution of the premises and the costs and disbursements of
the action. If the court finds the complaint true in part,
 { - it - }  { +  the court + } shall render judgment for the
restitution of such part only, and the costs and disbursements
shall be taxed as the court deems just and equitable.
  (2) If, as a result of a court-sponsored or other mediation or
otherwise, the plaintiff and defendant agree, in the manner
provided by ORCP 67 F for judgment by stipulation, that the
defendant shall perform in a certain manner or that the plaintiff
shall be paid moneys agreed to be owing by the defendant and that
as a result of that performance or payment the defendant shall
retain possession of the premises, including retention of
possession contingent upon that performance or payment of moneys
by the defendant by a certain date, the court   { - may - }  { +
shall + } enter an order or judgment to that effect. In addition,
if the plaintiff and defendant agree that the plaintiff shall
perform in a certain manner or pay moneys to the defendant by a
certain date, the court
  { - may - }  { +  shall + } enter an order or judgment to that
effect.
  (3) If, as provided by subsection (2) of this section, the
parties enter an order or judgment by stipulation that requires
the defendant to perform in a certain manner or make a payment by
a certain date and the defendant later demonstrates compliance
with the stipulation, the court shall enter a judgment of
dismissal in favor of the defendant.
  SECTION 10. ORS 105.146 is amended to read:
  105.146. (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 ORS 105.148 and 105.149.
  (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 ORS 105.151 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.
   { +  (7) The court shall enter a judgment dismissing the
plaintiff's action in favor of the defendant without assessment
of costs, disbursements, prevailing party fee 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 11. ORS 105.148 is amended to read:
  105.148. (1) To contest a plaintiff's affidavit of
noncompliance under ORS 105.146 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_WEB_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) - }  { +  (The reason must be one of the
following. You must check one or more of these responses and you
must explain in section 3.) + }:
  ___ a. The landlord is wrong.  { + As explained below, + } I
did comply with the agreement.
  ___ b. Before I could comply with the agreement, the landlord
was supposed to do what is   { - described - }  { +
explained + } 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. { +  The lack of good faith is explained below. + }
  ___ f.   { - A - }  { +  The + } portion of the agreement
 { + described below + } 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 { + , as
explained below + }.
  ___ 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: - }
 
   { +  3. Here is my explanation for the reason or reasons
checked above: + }
 
__________________
 
__________________
 
__________________
   { +  4. I understand that if I lose in court, I may be
responsible for the landlord's costs, disbursements, any attorney
fees and a prevailing party fee.
  I swear the above statements are true. + }
 
__________
(Signature of tenant)
 
 { +  Subscribed and sworn to before me this ___ day of ______,
2___. + }
 
 { +  Trial court administrator / clerk / notary + }
 
__________________
_________________________________________________________________
 
  SECTION 12. ORS 105.149 is amended to read:
  105.149. (1) Upon receipt of a timely filed request for hearing
described in ORS 105.148, 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 ORS
105.146 (2)(c), 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.  { + If the defendant did not appear at the hearing,
the clerk may issue the writ immediately. If the defendant did
appear, + } the clerk may   { - not - }  issue the writ
 { + no + } 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 105.152 is amended to read:
  105.152. If the court entered a judgment pursuant to ORS
105.146, a notice of restitution issued by the clerk of the court
pursuant to ORS 105.151 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_WEB_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 ORS
105.148 and 105.149. 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 14.  { + Notwithstanding the amendments to ORS 105.148
and 105.152 by sections 11 and 13 of this 2003 Act, prior to
January 1, 2006, a clerk of the court may:
  (1) Make available and accept either the form set forth in ORS
105.148 (2001 Edition) or the form set forth in ORS 105.148 as
amended and in effect on the effective date of this 2003 Act for
use by a defendant in requesting a hearing to contest an
affidavit of noncompliance.
  (2) Use either the form set forth in ORS 105.152 (2001 Edition)
or the form set forth in ORS 105.152 as amended and in effect on
the effective date of this 2003 Act for issuing a notice of
restitution. + }
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