72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 908
Sponsored by Senator WALKER; Representative AVAKIAN (at the
request of Manufactured Housing Landlord-Tenant Coalition)
CHAPTER ................
AN ACT
Relating to landlord-tenant law; creating new provisions; and
amending ORS 90.300, 90.415, 90.425, 90.545, 90.632, 90.675,
90.680, 105.165 and 646.605.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS 646.605 to 646.652. + }
SECTION 2. { + (1) As used in this section, 'facility, ' '
floating home,' 'landlord,' 'manufactured dwelling' and ' tenant'
have the meanings given those terms in ORS 90.100.
(2) A facility landlord engages in an unlawful trade practice
when the landlord violates ORS 90.680 (6) in a sale of a
manufactured dwelling or floating home by a tenant to a
prospective purchaser who desires to leave the dwelling or home
on the rented space and become a tenant.
(3) Notwithstanding ORS 646.638, only a prosecuting attorney
may bring an action under ORS 646.605 to 646.652 for a violation
described in this section. + }
SECTION 3. ORS 90.300 is amended to read:
90.300. (1) As used in this section, 'security deposit '
includes any last month's rent deposit.
(2) Except as otherwise provided in this section, a landlord
may require the payment of a security deposit. A security deposit
or prepaid rent shall be held by the landlord for the tenant who
is a party to the rental agreement. The claim of a tenant to the
security deposit or prepaid rent shall be prior to the claim of
any creditor of the landlord, including a trustee in bankruptcy.
The holder of the landlord's interest in the premises at the time
of termination of the tenancy is responsible to the tenant for
any security deposit or prepaid rent and is bound by this
section.
(3)(a) A landlord may not change the rental agreement to
require the payment of a new or increased security deposit during
the first year after the tenancy has begun, except that an
additional deposit may be required if the landlord and tenant
agree to modify the terms and conditions of the rental agreement
to permit a pet or for other cause and the additional deposit
relates to that modification. This paragraph does not prevent the
collection of a security deposit that was provided for under an
initial rental agreement but remained unpaid at the time the
tenancy began.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 1
(b) If a landlord requires a new or increased security deposit
after the first year of the tenancy, the landlord shall allow the
tenant at least three months to pay that deposit.
(4) The landlord may claim all or part of the security deposit
only if the security deposit was made for any or all of the
purposes provided by subsection (5) of this section.
(5) The landlord may claim from the security deposit only the
amount reasonably necessary:
(a) To remedy the tenant's defaults in the performance of the
rental agreement including, but not limited to, unpaid rent; and
(b) To repair damages to the premises caused by the tenant, not
including ordinary wear and tear.
(6) A security deposit or prepaid rent shall not be required or
forfeited to the landlord upon the failure of the tenant to
maintain a tenancy for a minimum number of months in a
month-to-month tenancy.
(7) Any last month's rent deposit shall be applied to the rent
due for the last month of the tenancy:
(a) Upon either the landlord or tenant giving to the other a
notice of termination, pursuant to this chapter, other than a
notice of termination under ORS 90.400 (2);
(b) Upon agreement by the landlord and tenant to terminate the
tenancy; or
(c) Upon termination pursuant to the provisions of a written
rental agreement for a term tenancy.
(8) Any portion of a last month's rent deposit not applied as
provided under subsection (7) of this section shall be accounted
for and refunded as provided under subsections (10) to (12) of
this section. Unless the tenant and landlord agree otherwise, a
last month's rent deposit shall not be applied to rent due for
any period other than the last month of the tenancy. A last
month's rent deposit shall not operate to limit the amount of
rent charged unless a written rental agreement provides
otherwise.
(9) Upon termination of the tenancy, a landlord shall account
for and refund to the tenant the unused balance of any prepaid
rent not previously refunded to the tenant as required by ORS
90.380 and 105.120 (4)(b) or any other provision of this chapter,
in the same manner as required for security deposits by this
section. The landlord may claim from the remaining prepaid rent
only the amount reasonably necessary to pay the tenant's unpaid
rent.
(10) In order to claim all or part of any prepaid rent or
security deposit, within 31 days after the termination of the
tenancy and delivery of possession the landlord shall give to the
tenant a written accounting that states specifically the basis or
bases of the claim. The landlord shall give a separate accounting
for security deposits and for prepaid rent.
(11) The security deposit or prepaid rent or portion thereof
not claimed in the manner provided by subsections (9) and (10) of
this section shall be returned to the tenant not later than 31
days after the termination of the tenancy and delivery of
possession to the landlord.
(12) The landlord shall give the written accounting as required
by subsection (10) of this section or shall return the security
deposit or prepaid rent as required by subsection (11) of this
section by personal delivery or by first class mail.
{ + (13) If a security deposit or prepaid rent secures a
tenancy for a space for a tenant owned and occupied manufactured
dwelling or floating home, whether or not in a facility, and the
Enrolled Senate Bill 908 (SB 908-INTRO) Page 2
dwelling or home is abandoned as described in ORS 90.425 (2) or
90.675 (2), the 31-day period described in subsections (10) and
(11) of this section commences on the earliest of:
(a) Waiver of the abandoned property process under ORS 90.425
(24) or 90.675 (22);
(b) Removal of the manufactured dwelling or floating home from
the rented space;
(c) Destruction or other disposition of the manufactured
dwelling or floating home under ORS 90.425 (10)(b) or 90.675
(10)(b); or
(d) Sale of the manufactured dwelling or floating home pursuant
to ORS 90.425 (10)(a) or 90.675 (10)(a). + }
{ - (13) - } { + (14) + } If the landlord fails to comply
with subsection (11) of this section or if the landlord in bad
faith fails to return all or any portion of any prepaid rent or
security deposit due to the tenant under this chapter or the
rental agreement, the tenant may recover the money due in an
amount equal to twice the amount:
(a) Withheld without a written accounting under subsection (10)
of this section; or
(b) Withheld in bad faith.
{ - (14) - } { + (15) + } This section does not preclude
the landlord or tenant from recovering other damages under this
chapter.
SECTION 4. ORS 90.415 is amended to read:
90.415. (1) Except as otherwise provided in this section, a
landlord waives the right to terminate a rental agreement for a
particular breach if the landlord:
(a) During two or more separate rental periods, accepts rent
with knowledge of the default by the tenant; or
(b) Accepts performance by a tenant that varies from the terms
of the rental agreement.
(2) For purposes of subsection (1)(a) of this section, a
landlord has not accepted rent if within six days after receipt
of the rent payment, the landlord refunds the rent.
(3) A landlord does not waive the right to terminate as
described in subsection (1)(a) of this section if the termination
is pursuant to ORS 90.400 (3).
(4) A landlord does not waive the right to terminate as
described in subsection (1) of this section if the landlord and
tenant agree otherwise after the breach has occurred.
(5) If a tenancy consists of rented space for a manufactured
dwelling or floating home as described in ORS 90.505, a landlord
does not waive the right to terminate as described in subsection
(1) of this section if:
(a) The breach or default at issue concerns:
(A) Disrepair or deterioration of the manufactured dwelling or
floating home pursuant to ORS 90.632; or
(B) A failure to maintain the space, as provided by ORS 90.740
(2), (4)(b) and (4)(h); or
(b) The breach or default at issue concerns the tenant's
conduct and, following the breach or default, but prior to
acceptance of rent or performance as described in subsection (1)
of this section, the landlord gives written notice to the tenant
regarding the breach or default that:
(A) Describes specifically the conduct that constitutes the
breach or default, either as a separate and distinct breach or
default, a series or group of breaches or defaults or a
continuous or ongoing breach or default;
Enrolled Senate Bill 908 (SB 908-INTRO) Page 3
(B) States that the tenant is required to discontinue the
conduct or correct the breach or default; and
(C) States that a reoccurrence of the conduct that constitutes
a breach or default may result in a termination of the tenancy
pursuant to ORS 90.630. For a continuous or ongoing breach or
default, the landlord's notice remains effective for 12 months.
(6) Prior to giving a nonpayment of rent termination notice
pursuant to ORS 90.400 (2), a landlord who accepts partial rent
for a rental period does not waive the right to terminate for
nonpayment if:
(a) The landlord accepted the partial rent before the landlord
gave any notice of intent to terminate under ORS 90.400 (2) based
on the tenant's agreement to pay the balance by a time certain;
and
(b) The tenant does not pay the balance of the rent as agreed.
(7) A landlord who accepts partial rent under subsection (6) of
this section may proceed to serve a notice under ORS 90.400 (2)
to terminate the tenancy if the balance of the rent is not paid,
provided:
(a) The notice is served no earlier than it would have been
permitted under ORS 90.400 (2) had no rent been accepted; and
(b) The notice permits the tenant to avoid termination of the
tenancy for nonpayment of rent by paying the balance within 72
hours or 144 hours, as the case may be, or by any date to which
the parties agreed, whichever is later.
(8) After giving a nonpayment of rent termination notice
pursuant to ORS 90.400 (2), a landlord who accepts partial rent
for a rental period does not waive the right to terminate for
nonpayment if the landlord and tenant agree in writing that the
acceptance does not constitute waiver.
(9) A written agreement under subsection (8) of this section
may provide that the landlord may proceed to terminate the rental
agreement and take possession in the manner provided by ORS
105.105 to 105.168 without serving a new notice under ORS 90.400
(2) in the event the tenant fails to pay the balance of the rent
by a time certain.
(10) A landlord's acceptance of partial rent for a rental
period does not waive the right to terminate the rental agreement
if the entire amount of the partial payment was from funds paid
under the United States Housing Act of 1937 (42 U.S.C. 1437f) or
any state low income rental housing fund administered by the
Housing and Community Services Department.
(11) A landlord who accepts rent after the giving of a notice
of termination by the landlord or the tenant, other than a
nonpayment of rent notice, does not waive the right to terminate
on that notice if:
(a) The landlord accepts rent prorated to the termination date
specified in the notice; or
(b) Within six days after receipt of the rent payment, the
landlord refunds at least the unused balance of the rent prorated
for the period beyond the termination date.
(12) A landlord who has served a notice of termination for
cause under ORS 90.400 (1), 90.630 or 90.632 does not waive the
right to terminate on that notice by accepting rent for the
rental period and beyond the period covered by the notice if
within six days after the end of the remedy or correction period
described in the applicable statute, the landlord refunds the
rent for the period beyond the termination date.
(13) A landlord who has served a notice of termination for
cause under ORS 90.400 (1), 90.630 or 90.632 and who has
Enrolled Senate Bill 908 (SB 908-INTRO) Page 4
commenced proceedings under ORS 105.105 to 105.168 to recover
possession of the premises does not waive the right to terminate
on that notice:
(a) By accepting rent for any period beyond the expiration of
the notice during which the tenant remains in possession
provided:
(A) The landlord notifies the tenant in writing, in or after
the service of the notice of termination for cause, that
acceptance of rent while a termination action is pending will not
waive the right to terminate on that notice; and
(B) The rent does not cover a period extending beyond the date
of its acceptance.
(b) By serving a notice of nonpayment of rent under ORS 90.400
(2).
(14) A landlord and tenant may by written agreement provide
that monthly rent shall be paid in regular installments of less
than a month pursuant to a schedule specified in the agreement.
Those installment rent payments are not partial rent, as that
term is used in this section.
(15) Unless otherwise agreed, a landlord does not waive the
right to terminate as described in subsection (1) of this section
by accepting:
(a) A last month's rent deposit collected at the beginning of
the tenancy, even if the deposit covers a period beyond a
termination date; or
(b) Rent distributed pursuant to a court order releasing money
paid into court as provided by ORS 90.370 (1).
{ + (16) Notwithstanding subsections (2), (11) and (12) of
this section, if a tenancy consists of rented space for a
manufactured dwelling or floating home as described in ORS
90.505, the period for the landlord to refund rent under
subsection (2), (11) or (12) of this section is seven days. + }
{ - (16) - } { + (17) + } When a landlord must refund rent
under this section, the refund shall be made to the tenant or
other payer by personal delivery or first class mail and may be
in the form of the tenant's or other payer's check or any other
form of check or money.
SECTION 5. 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.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 5
(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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 6
(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) - } { + (18) + } 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) - } { + (18) + } 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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 7
recreational vehicle, dwelling or home, except as provided by
subsection { - (17) - } { + (18) + } 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, subject to
subsection { - (17) - } { + (18) + } 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.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 8
(9) Except as provided in subsections { - (17) to (19) - }
{ + (18) to (20) + } 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) - } { + (13) + } 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) - } { + (13) + } of this section;
(b) Destroy or otherwise dispose of the personal property if
the landlord determines that:
Enrolled Senate Bill 908 (SB 908-INTRO) Page 9
(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) Notwithstanding ORS 446.155 (1) and (2), unless a
landlord intentionally misrepresents the condition of a
manufactured dwelling or floating home, the landlord is not
liable for the condition of the dwelling or home to:
(a) A buyer of the dwelling or home at a sale pursuant to
subsection (10)(a) of this section, with or without
consideration; or
(b) A person or nonprofit organization to whom the landlord
gives the dwelling or home pursuant to subsection (1)(b), (10)(b)
or (11)(b) of this section. + }
{ - (12)(a) - } { + (13)(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.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 10
{ - (13) - } { + (14) + } 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) - } { + (13) + } 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) - } { + (13) + } of this section; and
(D) The landlord disposes of the manufactured dwelling or
floating home.
{ - (14) - } { + (15) + } 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) - } { + (16) + } 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) - } { + (17) + } 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) - } { + (18) + } In the case of an abandoned
recreational vehicle, manufactured dwelling or floating home, the
Enrolled Senate Bill 908 (SB 908-INTRO) Page 11
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) - } { + (20) + } of
this section has waived all rights under this section pursuant to
subsection { - (23) - } { + (24) + } of this section; or
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
{ - (18)(a) - } { + (19)(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) - }
{ + (20)(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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 12
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) - } { + (20) + } 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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 13
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) - }
{ + (19) + } 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) - } { + (19)(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.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 14
(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) - } { + (21) + } If a governmental agency
determines that the condition of a manufactured dwelling,
floating home or recreational vehicle abandoned under this
section constitutes an extreme health or safety hazard under
state or local law and the agency determines that the hazard
endangers others in the facility and requires quick removal of
the property, the landlord may sell or dispose of the property
pursuant to this subsection. The landlord shall comply with all
provisions of this section, except as follows:
(a) The date provided in subsection (6) of this section by
which a tenant, lienholder, owner, personal representative or
designated person must contact a landlord to arrange for the
disposition of the property shall be not less than 15 days after
personal delivery or mailing of the notice required by subsection
(3) of this section.
(b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, owner, personal
representative or designated person must remove the property
shall be not less than seven days after the tenant, lienholder,
owner, personal representative or designated person contacts the
landlord.
(c) The notice required by subsection (3) of this section shall
be as provided in subsection (5) of this section, except that:
(A) The dates and deadlines in the notice for contacting the
landlord and removing the property shall be consistent with this
subsection;
(B) The notice shall state that a governmental agency has
determined that the property constitutes an extreme health or
safety hazard and must be removed quickly; and
(C) The landlord shall attach a copy of the agency's
determination to the notice.
(d) If the tenant, a lienholder, owner, personal representative
or designated person does not remove the property within the time
allowed, the landlord or a buyer at a sale by the landlord under
subsection (11) of this section shall promptly remove the
property from the facility.
(e) A landlord is not required to enter into a storage
agreement with a lienholder, owner, personal representative or
designated person pursuant to subsection { - (18) - } { +
(19) + } of this section.
{ - (21) - } { + (22) + } 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) - } { + (23) + } 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.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 15
{ - (23)(a) - } { + (24)(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) - } { + (20) + } 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) - } { + (25) + } 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 6. ORS 90.545 is amended to read:
90.545. (1) Except if renewed or extended as provided by this
section, a fixed term tenancy for space for a manufactured
dwelling or floating home shall, upon reaching its ending date,
automatically renew as a month-to-month tenancy having the same
terms and conditions, other than duration and rent increases
pursuant to ORS 90.600, unless the tenancy is terminated pursuant
to ORS 90.380 (5)(b), 90.400 (2), (3) or (9), 90.630 or 90.632.
(2) To renew or extend a fixed term tenancy for another term,
of any duration that is consistent with ORS 90.540, the landlord
shall submit the proposed new rental agreement to the tenant at
least 60 days prior to the ending date of the term. The landlord
shall include with the proposed agreement a written statement
that summarizes any new or revised terms, conditions, rules or
regulations.
(3) Notwithstanding ORS 90.610 (3), a landlord's proposed new
rental agreement may include new or revised terms, conditions,
rules or regulations, if the new or revised terms, conditions,
rules or regulations:
(a)(A) Fairly implement a statute or ordinance adopted after
the creation of the existing agreement; or
(B) Are the same as those offered to new or prospective tenants
in the facility at the time the proposed agreement is submitted
to the tenant and for the six-month period preceding the
submission of the proposed agreement or, if there have been no
new or prospective tenants during the six-month period, are the
same as are customary for the rental market;
(b) Are consistent with the rights and remedies provided to
tenants under this chapter, including the right to keep a pet
pursuant to ORS 90.530;
(c) Do not relate to the age, size, style, construction
material or year of construction of the manufactured dwelling or
floating home contrary to ORS 90.632 (2); and
(d) Do not require an alteration of the manufactured dwelling
or floating home or alteration or new construction of an
accessory building or structure.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 16
(4) A tenant shall accept or reject a landlord's proposed new
rental agreement at least 30 days prior to the ending of the term
by giving written notice to the landlord.
(5) If a landlord fails to submit a proposed new rental
agreement as provided by subsection (2) of this section, the
tenancy renews as a month-to-month tenancy as provided by
subsection (1) of this section.
(6) If a tenant fails to accept or unreasonably rejects a
landlord's proposed new rental agreement as provided by
subsection (4) of this section, the fixed term tenancy terminates
on the ending date without further notice and the landlord may
take possession by complying with ORS 105.105 to 105.168.
(7) If a tenancy terminates under conditions described in
subsection (6) of this section, and the tenant surrenders or
delivers possession of the premises to the landlord prior to the
filing of an action pursuant to ORS 105.110, the tenant has the
right to enter into a written storage agreement with the
landlord, with the tenant having the same rights and
responsibilities as a lienholder under ORS 90.675 { - (18) - }
{ + (19) + }, except that the landlord may limit the term of
the storage agreement to not exceed six months. Unless the
parties agree otherwise, the storage agreement must commence upon
the date of the termination of the tenancy. The rights under ORS
90.675 of any lienholder are delayed until the end of the tenant
storage agreement.
SECTION 7. ORS 90.632 is amended to read:
90.632. (1) A landlord may terminate a month-to-month or fixed
term rental agreement and require the tenant to remove a
manufactured dwelling or floating home from a facility, due to
the physical condition of the manufactured dwelling or floating
home, only by complying with this section and ORS 105.105 to
105.168. A termination shall include removal of the dwelling or
home.
(2) A landlord shall not require removal of a manufactured
dwelling or floating home, or consider a dwelling or home to be
in disrepair or deteriorated, because of the age, size, style or
original construction material of the dwelling or home or because
the dwelling or home was built prior to adoption of the National
Manufactured Home Construction and Safety Standards Act of 1974
(42 U.S.C. 5403), in compliance with the standards of that Act in
effect at that time or in compliance with the state building code
as defined in ORS 455.010.
(3) Except as provided in subsection (5) of this section, if
the tenant's dwelling or home is in disrepair or is deteriorated,
a landlord may terminate a rental agreement and require the
removal of a dwelling or home by giving to the tenant not less
than 30 days' written notice before the date designated in the
notice for termination.
(4) The notice required by subsection (3) of this section
shall:
(a) State facts sufficient to notify the tenant of the causes
or reasons for termination of the tenancy and removal of the
dwelling or home;
(b) State that the tenant can avoid termination and removal by
correcting the cause for termination and removal within the
notice period;
(c) Describe what is required to correct the cause for
termination;
(d) Describe the tenant's right to give the landlord a written
notice of correction, where to give the notice and the deadline
Enrolled Senate Bill 908 (SB 908-INTRO) Page 17
for giving the notice in order to ensure a response by the
landlord, all as provided by subsection (6) of this section; and
(e) Describe the tenant's right to have the termination and
correction period extended as provided by subsection (7) of this
section.
(5) The tenant may avoid termination of the tenancy by
correcting the cause within the period specified. However, if
substantially the same condition that constituted a prior cause
for termination of which notice was given recurs within 12 months
after the date of the notice, the landlord may terminate the
tenancy and require the removal of the dwelling or home upon at
least 30 days' written notice specifying the violation and the
date of termination of the tenancy.
(6) During the termination notice or extension period, the
tenant may give the landlord written notice that the tenant has
corrected the cause for termination. Within a reasonable time
after the tenant's notice of correction, the landlord shall
respond to the tenant in writing, stating whether the landlord
agrees that the cause has been corrected. If the tenant's notice
of correction is given at least 14 days prior to the end of the
termination notice or extension period, failure by the landlord
to respond as required by this subsection shall be a defense to a
termination based upon the landlord's notice for termination.
(7) Except when the disrepair or deterioration creates a risk
of imminent and serious harm to other dwellings, homes or persons
within the facility, the 30-day period provided for the tenant to
correct the cause for termination and removal shall be extended
by at least:
(a) An additional 60 days if:
(A) The necessary correction involves exterior painting, roof
repair, concrete pouring or similar work and the weather prevents
that work during a substantial portion of the 30-day period; or
(B) The nature or extent of the correction work is such that it
cannot reasonably be completed within 30 days because of factors
such as the amount of work necessary, the type and complexity of
the work and the availability of necessary repair persons; or
(b) An additional six months if the disrepair or deterioration
has existed for more than the preceding 12 months with the
landlord's knowledge or acceptance as described in ORS 90.415
(1).
(8) In order to have the period for correction extended as
provided in subsection (7) of this section, a tenant must give
the landlord written notice describing the necessity for an
extension in order to complete the correction work. The notice
must be given a reasonable amount of time prior to the end of the
notice for termination period.
(9) A tenancy shall terminate on the date designated in the
notice and without regard to the expiration of the period for
which, by the terms of the rental agreement, rents are to be
paid. Unless otherwise agreed, rent is uniformly apportionable
from day to day.
(10) This section does not limit a landlord's right to
terminate a tenancy for nonpayment of rent pursuant to ORS 90.400
(2) or for other cause pursuant to ORS 90.380 (5)(b), 90.400 (3)
or (9) or 90.630 by complying with ORS 105.105 to 105.168.
(11) A landlord may give a copy of the notice for termination
required by this section to any lienholder of the dwelling or
home, by first class mail with certificate of mailing or by any
other method allowed by ORS 90.150 (2) and (3). A landlord is not
liable to a tenant for any damages incurred by the tenant as a
Enrolled Senate Bill 908 (SB 908-INTRO) Page 18
result of the landlord giving a copy of the notice in good faith
to a lienholder.
(12) When a tenant has been given a notice for termination
pursuant to this section and has subsequently abandoned the
dwelling or home as described in ORS 90.675 { - (2) - } , any
lienholder shall have the same rights as provided by ORS 90.675,
including the right to correct the cause of the notice, within
the 90-day period provided by ORS 90.675 { - (18) - } { +
(19) + } notwithstanding the expiration of the notice period
provided by this section for the tenant to correct the cause.
SECTION 8. 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.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 19
(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) - } { + (18) + } 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) - } { + (18) + } 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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 20
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) - } { + (18) + } 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, subject to subsection
{ - (17) - } { + (18) + } 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) - }
{ + (18) to (20) + } 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) - } { + (13) + } 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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 21
(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) - } { +
(13) + } 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) Notwithstanding ORS 446.155 (1) and (2), unless a
landlord intentionally misrepresents the condition of personal
property, the landlord is not liable for the condition of the
personal property to:
(a) A buyer of the personal property at a sale pursuant to
subsection (10)(a) of this section, with or without
consideration; or
(b) A person or nonprofit organization to whom the landlord
gives the personal property pursuant to subsection (1)(b),
(10)(b) or (11)(b) of this section. + }
{ - (12)(a) - } { + (13)(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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 22
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) - } { + (14) + } 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) - } { + (13) + } 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) - } { + (13) + } of this section; and
(D) The landlord disposes of the personal property.
{ - (14) - } { + (15) + } 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) - } { + (16) + } 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) - } { + (17) + } 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.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 23
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) - } { + (18) + } 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) - } { + (20) + } of
this section has waived all rights under this section pursuant to
subsection { - (21) - } { + (22) + } of this section; or
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
{ - (18)(a) - } { + (19)(a) + } Except as provided by
subsection { - (19)(d) - } { + (20)(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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 24
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.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 25
(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) - } { + (20) + } 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) - }
{ + (19) + } 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) - } { + (19)(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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 26
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) - } { + (21) + } 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) - } { +
(19) + } of this section.
{ - (21)(a) - } { + (22)(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
Enrolled Senate Bill 908 (SB 908-INTRO) Page 27
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) - } { + (20) + } 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) - } { + (23) + } 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 9. ORS 90.680 is amended to read:
90.680. (1) A landlord { - shall - } { + may + } not deny
any manufactured dwelling or floating home space tenant the right
to sell a manufactured dwelling or floating home on a rented
space or require the tenant to remove the dwelling or home from
the space solely on the basis of the sale.
(2) The landlord { - shall - } { + may + } not exact a
commission or fee for the sale of a manufactured dwelling or
floating home on a rented space unless the landlord has acted as
agent for the seller pursuant to written contract.
(3) The landlord may not deny the tenant the right to place a '
for sale' sign on or in a manufactured dwelling or floating home
owned by the tenant. The size, placement and character of such
signs shall be subject to reasonable rules of the landlord.
(4) If the prospective purchaser of a manufactured dwelling or
floating home desires to leave the dwelling or home on the rented
space and become a tenant, the landlord may require { + in the
rental agreement + }:
(a) Except when a termination or abandonment occurs, that a
tenant give not more than { - 30 - } { + 10 + } days' notice
in writing prior to the sale of the dwelling or home on a rented
space;
(b) That { + prior to the sale, + } the prospective purchaser
{ - complete and - } submit { + to the landlord + } a
complete and accurate written application for occupancy of the
dwelling or home as a tenant { - when - } { + after + } the
sale is { - complete - } { + finalized + } and that a
prospective purchaser may not occupy the dwelling or home until
{ + after + } the prospective purchaser is accepted by the
landlord as a tenant;
(c) That a tenant give notice to any lienholder, prospective
purchaser or person licensed to sell dwellings or homes of the
requirements of paragraphs (b) and (d) of this subsection, the
location of all properly functioning smoke alarms and any other
rules and regulations of the facility such as those described in
ORS 90.510 (5)(b), (f), (h) and (i); and
(d) If the sale is not by a lienholder, that the prospective
purchaser pay in full all rents, fees, deposits or charges owed
by the tenant as authorized under ORS 90.140 and the rental
agreement, prior to the landlord's acceptance of the prospective
purchaser as a tenant.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 28
(5) If a landlord requires a prospective purchaser to submit an
application for occupancy as a tenant under subsection (4) of
this section, at the time that the landlord gives the prospective
purchaser an application the landlord shall also give the
prospective purchaser copies of the statement of policy, the
rental agreement and the facility rules and regulations,
including any conditions imposed on a subsequent sale, all as
provided by ORS 90.510. The terms of the statement, rental
agreement and rules and regulations need not be the same as those
in the selling tenant's statement, rental agreement and rules and
regulations.
(6) The following apply if a landlord receives an application
for tenancy from a prospective purchaser under subsection (4) of
this section:
(a) The landlord { - is subject to subsection (7) of this
section if the landlord does not - } { + shall + } accept or
reject the prospective purchaser's application within { - 20
days of receipt or within a longer time period to which the
landlord and prospective purchaser agree. - } { + seven days
following the day the landlord receives a complete and accurate
written application. An application is not complete until the
prospective purchaser pays any required applicant screening
charge and provides the landlord with all information and
documentation, including any financial data and references,
required by the landlord pursuant to ORS 90.510 (5)(h). The
landlord and the prospective purchaser may agree to a longer time
period for the landlord to evaluate the prospective purchaser's
application or to allow the prospective purchaser to address any
failure to meet the landlord's screening or admission criteria.
If a tenant has not previously given the landlord the 10 days'
notice required under subsection (4)(a) of this section, the
period provided for the landlord to accept or reject a complete
and accurate written application is extended to 10 days. + }
(b) { - The landlord, for cause as specified in ORS 90.510
(5)(h), may reject the prospective purchaser as a tenant. - }
{ + The landlord may not unreasonably reject a prospective
purchaser as a tenant. Reasonable cause for rejection includes,
but is not limited to, failure of the prospective purchaser to
meet the landlord's conditions for approval as provided in ORS
90.510 (5)(h) or failure of the prospective purchaser's
references to respond to the landlord's timely request for
verification within the time allowed for acceptance or rejection
under paragraph (a) of this subsection. + } Except as provided in
paragraph (c) of this subsection, the landlord shall furnish to
the seller and purchaser a written statement of the reasons for
the rejection.
(c) If a rejection under paragraph (b) of this subsection is
based upon a consumer report, as defined in 15 U.S.C. 1681a for
purposes of the federal Fair Credit Reporting Act, the landlord
shall not disclose the contents of the report to anyone other
than the purchaser. The landlord shall disclose to the seller in
writing that the rejection is based upon information contained
within a consumer report and that the landlord cannot disclose
the information within the report.
(7) The following apply if a landlord does not require a
prospective purchaser to submit an application for occupancy as a
tenant under subsection (4) of this section or if the landlord
does not accept or reject the prospective purchaser as a tenant
within the time required under subsection (6) of this section:
Enrolled Senate Bill 908 (SB 908-INTRO) Page 29
(a) The landlord waives any right to bring an action against
the tenant under the rental agreement for breach of the
landlord's right to establish conditions upon and approve a
prospective purchaser of the tenant's dwelling or home;
(b) The prospective purchaser, upon completion of the sale, may
occupy the dwelling or home as a tenant under the same conditions
and terms as the tenant who sold the dwelling or home; and
(c) If the prospective purchaser becomes a new tenant, the
landlord may only impose conditions or terms on the tenancy that
are inconsistent with the terms and conditions of the seller's
rental agreement if the new tenant agrees in writing.
(8) A landlord { - shall - } { + may + } not, because of
the age, size, style or original construction material of the
dwelling or home or because the dwelling or home was built prior
to adoption of the National Manufactured Home Construction and
Safety Standards Act of 1974 (42 U.S.C. 5403), in compliance with
the standards of that Act in effect at that time or in compliance
with the state building code as defined in ORS 455.010:
(a) Reject an application for tenancy from a prospective
purchaser of an existing dwelling or home on a rented space
within a facility; or
(b) Require a prospective purchaser of an existing dwelling or
home on a rented space within a facility to remove the dwelling
or home from the rented space.
(9) A tenant who has received a notice pursuant to ORS 90.632
has the right to sell the tenant's dwelling or home in compliance
with this section during the notice period. The tenant shall
provide a prospective purchaser with a copy of any outstanding
notice given pursuant to ORS 90.632 prior to a sale. The landlord
may also give any prospective purchaser a copy of any such
notice. The landlord may require as a condition of tenancy that
a prospective purchaser who desires to leave the dwelling or home
on the rented space and become a tenant must comply with the
notice within the notice period consistent with ORS 90.632. If
the tenancy has been terminated pursuant to ORS 90.632, or the
notice period provided in ORS 90.632 has expired without a
correction of cause or extension of time to correct, a
prospective purchaser does not have a right to leave the dwelling
or home on the rented space and become a tenant.
(10) Except as provided by subsection (9) of this section,
after a tenancy has ended and during the period provided by ORS
90.675 (6) and (8), a former tenant retains the right to sell the
tenant's dwelling or home to a purchaser who wishes to leave the
dwelling or home on the rented space and become a tenant as
provided by this section, if the former tenant makes timely
periodic payment of all storage charges as provided by ORS 90.675
(7)(b), maintains the dwelling or home and the rented space on
which it is stored and enters the premises only with the written
permission of the landlord. Payment of the storage charges or
maintenance of the dwelling or home and the space does not create
or reinstate a tenancy or create a waiver pursuant to ORS 90.415.
A former tenant has no right to enter the premises without the
written permission of the landlord, including entry to maintain
the dwelling or home or the space or to facilitate a sale.
SECTION 10. ORS 105.165 is amended to read:
105.165. (1) In the case of a dwelling unit to which ORS
chapter 90 applies, the landlord may elect to remove, store and
dispose of all or part of the personal property left by the
tenant upon the premises following restitution of the premises
pursuant to ORS 105.161, provided that:
Enrolled Senate Bill 908 (SB 908-INTRO) Page 30
(a) The sheriff or process server shall first serve the notice
of restitution and the sheriff shall thereafter deliver
possession of the premises to the landlord, as provided in ORS
105.161; and
(b) The landlord shall store and dispose of the personal
property of the tenant pursuant to ORS 90.425 or 90.675, except
that if the tenant claims that property within the time provided
in ORS 90.425 or 90.675, the landlord must make that property
available for removal by the tenant by appointment at reasonable
times and without the payment of any costs, charges or other
sums, and the notice to the tenant shall so state.
(2) Any cost incurred by the landlord for execution pursuant to
ORS 105.151 or 105.158 to 105.161 or for removal, storage or sale
of the tenant's property under this section and not recovered
pursuant to ORS 90.425 { - (12) - } { + (13) + } or 90.675
{ - (12) - } { + (13) + } shall be added to the judgment.
(3) If the landlord fails to permit the tenant to recover
possession of the tenant's personal property under subsection
(1)(b) of this section, the tenant may recover, in addition to
any other amount provided by law, twice the actual damages or
twice the monthly rent, whichever is greater.
(4) If the tenant's personal property includes a manufactured
dwelling or floating home, the landlord shall use the alternative
method provided by this section for the dwelling or home. The
landlord may use the alternative method provided by this section
for all or part of the tenant's other personal property. If a
landlord elects to use this alternative method for part of the
tenant's other property, the remaining portion, not including any
manufactured dwelling or floating home, shall be removed by the
sheriff pursuant to ORS 105.161.
SECTION 11. ORS 646.605 is amended to read:
646.605. As used in ORS 646.605 to 646.652:
(1) 'Appropriate court' means the circuit court of a county:
(a) Where one or more of the defendants reside;
(b) Where one or more of the defendants maintain a principal
place of business;
(c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
(d) With the defendant's consent, where the prosecuting
attorney maintains an office.
(2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
(3) 'Examination' of documentary material shall include
inspection, study, or copying of any such material, and taking
testimony under oath or acknowledgment in respect of any such
documentary material or copy thereof.
(4) 'Person' means natural persons, corporations, trusts,
partnerships, incorporated or unincorporated associations, and
any other legal entity except bodies or officers acting under
statutory authority of this state or the United States.
(5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.
(6) 'Real estate, goods or services' means those which are or
may be obtained primarily for personal, family or household
purposes, or which are or may be obtained for any purposes as a
result of a telephone solicitation, and includes franchises,
distributorships and other similar business opportunities, but
Enrolled Senate Bill 908 (SB 908-INTRO) Page 31
does not include insurance. { + Except as provided in section 2
of this 2003 Act, + } real estate does not cover conduct covered
by ORS chapter 90.
(7) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
(a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 59.850 when the solicitation is for a security
qualified for sale pursuant to ORS 59.055;
(b) A person who is licensed or is otherwise authorized to
engage in professional real estate activity pursuant to ORS
chapter 696, when the solicitation involves professional real
estate activity;
(c) A person licensed or exempt from licensure as a builder
pursuant to ORS chapter 701, when the solicitation involves the
construction, alteration, repair, improvement or demolition of a
structure;
(d) A person licensed or otherwise authorized to sell insurance
as an agent pursuant to ORS chapter 744, when the solicitation
involves insurance;
(e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club;
(f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser;
(g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any financial institution or trust
company, as those terms are defined in ORS 706.008, or any
personal property broker, consumer finance lender, commercial
finance lender or insurer that is subject to regulation by an
official or agency of this state or of the United States;
(h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans;
(i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services;
(j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon;
(k) A person who sells farm products as defined by ORS chapter
576 if the solicitation neither intends to nor actually results
in a sale that costs the purchaser in excess of $100;
(L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 and that is either registered or exempt from
registration under paragraph (A), (B), (C), (E), (F), (G) or (H)
or subsection (g) of that section;
(m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services; or
Enrolled Senate Bill 908 (SB 908-INTRO) Page 32
(n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
(8) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and includes any trade or commerce
directly or indirectly affecting the people of this state.
(9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
(a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement;
(b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit; or
(c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due.
(10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
(11) A loan is made 'in close connection with the sale of a
manufactured dwelling' if:
(a) The lender directly or indirectly controls, is controlled
by or is under common control with the seller, unless the
relationship is remote and is not a factor in the transaction;
(b) The lender gives a commission, rebate or credit in any form
to a seller who refers the borrower to the lender, other than
payment of the proceeds of the loan jointly to the seller and the
borrower;
(c) The lender is related to the seller by blood or marriage;
(d) The seller directly and materially assists the borrower in
obtaining the loan;
(e) The seller prepares documents that are given to the lender
and used in connection with the loan; or
(f) The lender supplies documents to the seller used by the
borrower in obtaining the loan.
SECTION 12. ORS 646.605, as amended by section 11 of this 2003
Act, is amended to read:
646.605. As used in ORS 646.605 to 646.652:
(1) 'Appropriate court' means the circuit court of a county:
(a) Where one or more of the defendants reside;
(b) Where one or more of the defendants maintain a principal
place of business;
(c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
(d) With the defendant's consent, where the prosecuting
attorney maintains an office.
(2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
(3) 'Examination' of documentary material shall include
inspection, study, or copying of any such material, and taking
testimony under oath or acknowledgment in respect of any such
documentary material or copy thereof.
(4) 'Person' means natural persons, corporations, trusts,
partnerships, incorporated or unincorporated associations, and
any other legal entity except bodies or officers acting under
statutory authority of this state or the United States.
Enrolled Senate Bill 908 (SB 908-INTRO) Page 33
(5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.
(6) 'Real estate, goods or services' means those which are or
may be obtained primarily for personal, family or household
purposes, or which are or may be obtained for any purposes as a
result of a telephone solicitation, and includes franchises,
distributorships and other similar business opportunities, but
does not include insurance. { - Except as provided in section 2
of this 2003 Act, - } Real estate does not cover conduct covered
by ORS chapter 90.
(7) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
(a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 59.850 when the solicitation is for a security
qualified for sale pursuant to ORS 59.055;
(b) A person who is licensed or is otherwise authorized to
engage in professional real estate activity pursuant to ORS
chapter 696, when the solicitation involves professional real
estate activity;
(c) A person licensed or exempt from licensure as a builder
pursuant to ORS chapter 701, when the solicitation involves the
construction, alteration, repair, improvement or demolition of a
structure;
(d) A person licensed or otherwise authorized to sell insurance
as an agent pursuant to ORS chapter 744, when the solicitation
involves insurance;
(e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club;
(f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser;
(g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any financial institution or trust
company, as those terms are defined in ORS 706.008, or any
personal property broker, consumer finance lender, commercial
finance lender or insurer that is subject to regulation by an
official or agency of this state or of the United States;
(h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans;
(i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services;
(j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon;
(k) A person who sells farm products as defined by ORS chapter
576 if the solicitation neither intends to nor actually results
in a sale that costs the purchaser in excess of $100;
Enrolled Senate Bill 908 (SB 908-INTRO) Page 34
(L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 and that is either registered or exempt from
registration under paragraph (A), (B), (C), (E), (F), (G) or (H)
or subsection (g) of that section;
(m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services; or
(n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
(8) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and includes any trade or commerce
directly or indirectly affecting the people of this state.
(9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
(a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement;
(b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit; or
(c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due.
(10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
(11) A loan is made 'in close connection with the sale of a
manufactured dwelling' if:
(a) The lender directly or indirectly controls, is controlled
by or is under common control with the seller, unless the
relationship is remote and is not a factor in the transaction;
(b) The lender gives a commission, rebate or credit in any form
to a seller who refers the borrower to the lender, other than
payment of the proceeds of the loan jointly to the seller and the
borrower;
(c) The lender is related to the seller by blood or marriage;
(d) The seller directly and materially assists the borrower in
obtaining the loan;
(e) The seller prepares documents that are given to the lender
and used in connection with the loan; or
(f) The lender supplies documents to the seller used by the
borrower in obtaining the loan.
SECTION 13. { + The amendments to ORS 646.605 by section 12 of
this 2003 Act become operative on January 1, 2008. + }
SECTION 14. { + Section 2 of this 2003 Act is repealed January
1, 2008. + }
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Enrolled Senate Bill 908 (SB 908-INTRO) Page 35
Passed by Senate July 14, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House August 5, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 908 (SB 908-INTRO) Page 36
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 908 (SB 908-INTRO) Page 37