Chapter 831
AN ACT
SB 1056
Relating to landlord-tenant law.
Be It Enacted by the People of
the State of
SECTION 1. Sections 2 and 4 of this 2007 Act are added
to and made a part of ORS 90.505 to 90.840.
SECTION 2. (1) A facility tenant may not rent the
tenant’s manufactured dwelling or floating home to another person for a period
exceeding three days unless the facility landlord, facility tenant and dwelling
or home renter enter into a written subleasing agreement specifying the rights
and obligations of the landlord, tenant and renter during the renter’s
occupancy of the dwelling or home. The subleasing agreement shall include, but
need not be limited to, provisions that require the dwelling or home renter to
timely pay directly to the facility landlord the space rent, any separately
assessed fees payable under the rental agreement and any separately billed
utility or service charge described in ORS 90.532 (1)(b) or (c), and provisions
that grant the dwelling or home renter the same rights as the facility tenant
to cure a violation of the rental agreement for the facility space, to require
facility landlord compliance with ORS 90.730 and to be protected from
retaliatory conduct under ORS 90.765. This subsection does not authorize a
facility tenant to rent a manufactured dwelling or floating home to another
person in violation of the rental agreement between
the facility tenant and the facility landlord.
(2) Notwithstanding ORS
90.100 (41), a facility tenant who enters into a subleasing agreement continues
to be the tenant of the facility space and retains all rights and obligations
of a facility tenant under the rental agreement and this chapter. The occupancy
of a manufactured dwelling or floating home by a renter as provided in a
subleasing agreement does not constitute abandonment of the dwelling or home by
the facility tenant.
(3) The rights and
obligations of the dwelling or home renter under a subleasing agreement are in
addition to the rights and obligations retained by the facility tenant under
subsection (2) of this section. The rights and obligations of the dwelling or
home renter under the subleasing agreement are separate from any rights or
obligations of the renter under ORS 90.100 to 90.459 applicable to the renter’s
occupancy of the manufactured dwelling or floating home owned by the facility
tenant.
(4) Unless otherwise
provided in the subleasing agreement, a facility landlord may terminate a
subleasing agreement:
(a) Without cause by
giving the dwelling or home renter written notice not less than 30 days prior
to the termination;
(b) If a condition
described in ORS 90.380 (5)(b) exists for the facility space, by giving the
renter the same notice to which the facility tenant is entitled under ORS
90.380 (5)(b); or
(c) Subject to the cure
right established in subsection (1) of this section and regardless of whether
the landlord terminates the rental agreement of the facility tenant:
(A) For nonpayment of
facility space rent; or
(B) For any conduct by
the dwelling or home renter that would be a violation of the rental agreement
under ORS 90.396 or 90.398 if committed by the facility tenant.
(5) Upon termination of
a subleasing agreement by the facility landlord, whether with or without cause,
the dwelling or home renter and the facility tenant are excused from continued
performance under any agreement for the renter’s occupancy of the manufactured
dwelling or floating home owned by the facility tenant.
(6)(a) If, during the
term of a subleasing agreement, the facility landlord gives notice to the
facility tenant of a rental agreement violation, of a law or ordinance
violation or of the facility’s closure, conversion or sale, the landlord shall
also promptly give a copy of the notice to the dwelling or home renter. The
giving of notice to the dwelling or home renter does not constitute notice to
the facility tenant unless the tenant has expressly appointed the renter as the
tenant’s agent for purposes of receiving notice.
(b) If the facility
landlord gives notice to the dwelling or home renter that the landlord is
terminating the subleasing agreement, the landlord shall also promptly give a
copy of the notice to the facility tenant. The landlord shall give the notice
to the facility tenant in the same manner as for giving notice of a rental
agreement violation.
(c) If, during the term
of a subleasing agreement, the facility tenant gives notice to the facility
landlord of a rental agreement violation, termination of tenancy or sale of the
manufactured dwelling or floating home, the tenant shall also promptly give a
copy of the notice to the dwelling or home renter.
(d) If the dwelling or
home renter gives notice to the facility landlord of a violation of ORS 90.730,
the renter shall also promptly give a copy of the notice to the facility
tenant.
SECTION 3. Section 2 of this 2007 Act applies to
manufactured dwelling and floating home rentals that commence on or after the
effective date of this 2007 Act.
SECTION 4. (1) A landlord may not assert a lien under
ORS 87.162 for dwelling unit rent against a manufactured dwelling or floating
home located in a facility. Notwithstanding ORS 90.100 (41) and 90.675 and
regardless of whether the owner of a manufactured dwelling or floating home
occupies the dwelling or home as a residence, a facility landlord that is
entitled to unpaid rent and receives possession of the facility space from the
sheriff following restitution pursuant to ORS 105.161 may sell or dispose of
the dwelling or home as provided in ORS 90.675.
(2) If a manufactured
dwelling or floating home was occupied immediately prior to abandonment by a
person other than the facility tenant, and the name and address of the person
are known to the landlord, a landlord selling or disposing of the dwelling or
home under subsection (1) of this section shall promptly send the person a copy
of the notice sent to the facility tenant under ORS 90.675 (3). Notwithstanding
ORS 90.425, the facility landlord may sell or dispose of goods left in the
dwelling or home or upon the dwelling unit by the person in the same manner as
if the goods were left by the facility tenant. If the name and address of the
person are known to the facility landlord, the landlord shall promptly send the
person a copy of the written notice sent to the facility tenant under ORS
90.425 (3) and allow the person the time described in the notice to arrange for
removal of the goods.
SECTION 5. Section 4 of this 2007 Act applies to
dwelling space rent that becomes due on or after the effective date of this
2007 Act.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date January 1, 2008
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