Chapter 906
AN ACT
HB 2735
Relating to rental residential properties; creating new provisions;
amending ORS 90.100, 90.260, 90.300, 90.425, 90.630, 90.632, 90.635, 90.675,
90.680, 90.730, 92.840, 105.120, 197.485, 316.502, 446.525 and 446.543 and
sections 13 and 14, chapter 658, Oregon Laws 2003, sections 2 and 3, chapter
619, Oregon Laws 2005, and sections 7 and 10, chapter 826, Oregon Laws 2005;
repealing ORS 90.415 and 316.153; and prescribing an effective date.
Be It Enacted by the People of
the State of
MANUFACTURED
CLOSURE OR CONVERSION
SECTION 1. Sections 2 to 4 of this 2007 Act are added
to and made a part of ORS 90.505 to 90.840.
SECTION 2. (1) If a manufactured dwelling park, or a
portion of the park that includes the space for a manufactured dwelling, is to
be closed and the land or leasehold converted to a use other than as a
manufactured dwelling park, and the closure is not required by the exercise of
eminent domain or by order of federal, state or local agencies, the landlord
may terminate a month-to-month or fixed term rental agreement for a
manufactured dwelling park space:
(a) By giving the tenant
not less than 365 days’ notice in writing before the date designated in the
notice for termination; and
(b) By paying a tenant,
for each space for which a rental agreement is terminated, one of the following
amounts:
(A) $5,000 if the
manufactured dwelling is a single-wide dwelling;
(B) $7,000 if the
manufactured dwelling is a double-wide dwelling; or
(C) $9,000 if the manufactured dwelling is a triple-wide or larger
dwelling.
(2) Notwithstanding
subsection (1) of this section, if a landlord closes a manufactured dwelling
park under this section as a result of converting the park to a subdivision under
ORS 92.830 to 92.845, the landlord:
(a) May terminate a
rental agreement by giving the tenant not less than 180 days’ notice in writing
before the date designated in the notice for termination.
(b) Is not required to
make a payment under subsection (1)(b) of this section
to a tenant who:
(A) Buys the space or
lot on which the tenant’s manufactured dwelling is located and does not move
the dwelling; or
(B) Sells the
manufactured dwelling to a person who buys the space or lot.
(3) A notice given under
subsection (1) or (2) of this section shall, at a minimum:
(a) State that the
landlord is closing the park, or a portion of the park, and converting the land
or leasehold to a different use;
(b) Designate the date
of closure; and
(c) Include the tax credit
notice described in ORS 90.635.
(4) Except as provided
in subsections (2) and (5) of this section, the landlord must pay a tenant the
full amount required under subsection (1)(b) of this section regardless of
whether the tenant relocates or abandons the manufactured dwelling. The
landlord shall pay at least one-half of the payment amount to the tenant within
seven days after receiving from the tenant the notice described in subsection
(5)(a) of this section. The landlord shall pay the remaining amount no later
than seven days after the tenant ceases to occupy the space.
(5) Notwithstanding
subsection (1) of this section:
(a) A landlord is not
required to make a payment to a tenant as provided in subsection (1) of this
section unless the tenant gives the landlord not less than 30 days’ and not
more than 60 days’ written notice of the date within the 365-day period on
which the tenant will cease tenancy, whether by relocation or abandonment of
the manufactured dwelling.
(b) If the manufactured
dwelling is abandoned:
(A) The landlord may
condition the payment required by subsection (1) of this section upon the
tenant waiving any right to receive payment under ORS 90.425 or 90.675.
(B) The landlord may not
charge the tenant to store, sell or dispose of the abandoned manufactured
dwelling.
(6)(a) A landlord may
not charge a tenant any penalty, fee or unaccrued rent for moving out of the
manufactured dwelling park prior to the end of the 365-day notice period.
(b) A landlord may
charge a tenant for rent for any period during which the tenant occupies the
space and may deduct from the payment amount required by subsection (1) of this
section any unpaid moneys owed by the tenant to the landlord.
(7) A landlord may not
increase the rent for a manufactured dwelling park space after giving a notice
of termination under this section to the tenant of the space.
(8) This section does
not limit a landlord’s right to terminate a tenancy for nonpayment of rent
under ORS 90.394 or for other cause under ORS 90.380 (5)(b), 90.396, 90.398 or
90.632 by complying with ORS 105.105 to 105.168.
(9) If a landlord is
required to close a manufactured dwelling park by the exercise of eminent
domain or by order of a federal, state or local agency, the landlord shall
notify the park tenants no later than 15 days after the landlord receives
notice of the exercise of eminent domain or of the agency order. The notice to
the tenants shall be in writing, designate the date of closure, state the
reason for the closure, describe the tax credit available under section 17 of
this 2007 Act and any government relocation benefits known by the landlord to
be available to the tenants and comply with any additional content requirements
under ORS 90.635.
SECTION 2a. Section 2 of this 2007 Act is amended to read:
Sec.
2. (1) If a manufactured dwelling park, or a portion of the park
that includes the space for a manufactured dwelling, is to be closed and the
land or leasehold converted to a use other than as a manufactured dwelling
park, and the closure is not required by the exercise of eminent domain or by order of federal, state or local agencies, the
landlord may terminate a month-to-month or fixed term rental agreement for a
manufactured dwelling park space:
(a) By giving the tenant
not less than 365 days’ notice in writing before the date designated in the
notice for termination; and
(b) By paying a tenant,
for each space for which a rental agreement is terminated, one of the following
amounts:
(A) $5,000 if the
manufactured dwelling is a single-wide dwelling;
(B) $7,000 if the
manufactured dwelling is a double-wide dwelling; or
(C) $9,000 if the manufactured dwelling is a triple-wide or larger
dwelling.
(2) Notwithstanding
subsection (1) of this section, if a landlord closes a manufactured dwelling
park under this section as a result of converting the park to a subdivision
under ORS 92.830 to 92.845, the landlord:
(a) May terminate a
rental agreement by giving the tenant not less than 180 days’ notice in writing
before the date designated in the notice for termination.
(b) Is not required to
make a payment under subsection (1)(b) of this section
to a tenant who:
(A) Buys the space or
lot on which the tenant’s manufactured dwelling is located and does not move
the dwelling; or
(B) Sells the
manufactured dwelling to a person who buys the space or lot.
(3) A notice given under
subsection (1) or (2) of this section shall, at a minimum:
(a) State that the
landlord is closing the park, or a portion of the park, and converting the land
or leasehold to a different use;
(b) Designate the date
of closure; and
(c) Include the tax [credit] notice described in ORS 90.635.
(4) Except as provided
in subsections (2) and (5) of this section, the landlord must pay a tenant the
full amount required under subsection (1)(b) of this section regardless of
whether the tenant relocates or abandons the manufactured dwelling. The
landlord shall pay at least one-half of the payment amount to the tenant within
seven days after receiving from the tenant the notice described in subsection
(5)(a) of this section. The landlord shall pay the remaining amount no later
than seven days after the tenant ceases to occupy the space.
(5) Notwithstanding
subsection (1) of this section:
(a) A landlord is not
required to make a payment to a tenant as provided in subsection (1) of this
section unless the tenant gives the landlord not less than 30 days’ and not
more than 60 days’ written notice of the date within the 365-day period on
which the tenant will cease tenancy, whether by relocation or abandonment of
the manufactured dwelling.
(b) If the manufactured
dwelling is abandoned:
(A) The landlord may
condition the payment required by subsection (1) of this section upon the
tenant waiving any right to receive payment under ORS 90.425 or 90.675.
(B) The landlord may not
charge the tenant to store, sell or dispose of the abandoned manufactured
dwelling.
(6)(a) A landlord may
not charge a tenant any penalty, fee or unaccrued rent for moving out of the
manufactured dwelling park prior to the end of the 365-day notice period.
(b) A landlord may
charge a tenant for rent for any period during which the tenant occupies the
space and may deduct from the payment amount required by subsection (1) of this
section any unpaid moneys owed by the tenant to the landlord.
(7) A landlord may not
increase the rent for a manufactured dwelling park space after giving a notice
of termination under this section to the tenant of the space.
(8) This section does
not limit a landlord’s right to terminate a tenancy for nonpayment of rent
under ORS 90.394 or for other cause under ORS 90.380 (5)(b), 90.396, 90.398 or
90.632 by complying with ORS 105.105 to 105.168.
(9) If a landlord is
required to close a manufactured dwelling park by the exercise of eminent
domain or by order of a federal, state or local agency, the landlord shall
notify the park tenants no later than 15 days after the landlord receives
notice of the exercise of eminent domain or of the agency order. The notice to
the tenants shall be in writing, designate the date of closure, state the
reason for the closure, describe [the tax
credit available under section 17 of this 2007 Act and] any government
relocation benefits known by the landlord to be available to the tenants and
comply with any additional content requirements under ORS 90.635.
(10) The Office of
SECTION 2b. The amendments to section 2 of this 2007
Act by section 2a of this 2007 Act become operative January 1, 2013.
SECTION 2c. If House Bill 3201 does not become law,
sections 2a (amending section 2 of this 2007 Act) and 2b of this 2007 Act are
repealed and section 2 of this 2007 Act is amended to read:
Sec.
2. (1) If a manufactured dwelling park, or a portion of the park
that includes the space for a manufactured dwelling, is to be closed and the
land or leasehold converted to a use other than as a manufactured dwelling park,
and the closure is not required by the exercise of eminent domain or by order
of federal, state or local agencies, the landlord may terminate a
month-to-month or fixed term rental agreement for a manufactured dwelling park
space:
(a) By giving the tenant
not less than 365 days’ notice in writing before the date designated in the
notice for termination; and
(b) By paying a tenant,
for each space for which a rental agreement is terminated, one of the following
amounts:
(A) $5,000 if the
manufactured dwelling is a single-wide dwelling;
(B) $7,000 if the
manufactured dwelling is a double-wide dwelling; or
(C) $9,000 if the manufactured dwelling is a triple-wide or larger
dwelling.
(2) Notwithstanding
subsection (1) of this section, if a landlord closes a manufactured dwelling
park under this section as a result of converting the park to a subdivision
under ORS 92.830 to 92.845, the landlord:
(a) May terminate a
rental agreement by giving the tenant not less than 180 days’ notice in writing
before the date designated in the notice for termination.
(b) Is not required to
make a payment under subsection (1)(b) of this section
to a tenant who:
(A) Buys the space or
lot on which the tenant’s manufactured dwelling is located and does not move
the dwelling; or
(B) Sells the
manufactured dwelling to a person who buys the space or lot.
(3) A notice given under
subsection (1) or (2) of this section shall, at a minimum:
(a) State that the
landlord is closing the park, or a portion of the park, and converting the land
or leasehold to a different use;
(b) Designate the date
of closure; and
(c) Include the tax
credit notice described in ORS 90.635.
(4) Except as provided
in subsections (2) and (5) of this section, the landlord must pay a tenant the
full amount required under subsection (1)(b) of this section regardless of
whether the tenant relocates or abandons the manufactured dwelling. The
landlord shall pay at least one-half of the payment amount to the tenant within
seven days after receiving from the tenant the notice described in subsection
(5)(a) of this section. The landlord shall pay the remaining amount no later
than seven days after the tenant ceases to occupy the space.
(5) Notwithstanding
subsection (1) of this section:
(a) A landlord is not
required to make a payment to a tenant as provided in subsection (1) of this
section unless the tenant gives the landlord not less than 30 days’ and not
more than 60 days’ written notice of the date within the 365-day period on
which the tenant will cease tenancy, whether by relocation or abandonment of
the manufactured dwelling.
(b) If the manufactured
dwelling is abandoned:
(A) The landlord may
condition the payment required by subsection (1) of this section upon the
tenant waiving any right to receive payment under ORS 90.425 or 90.675.
(B) The landlord may not
charge the tenant to store, sell or dispose of the abandoned manufactured
dwelling.
(6)(a) A landlord may
not charge a tenant any penalty, fee or unaccrued rent for moving out of the
manufactured dwelling park prior to the end of the 365-day notice period.
(b) A landlord may
charge a tenant for rent for any period during which the tenant occupies the
space and may deduct from the payment amount required by subsection (1) of this
section any unpaid moneys owed by the tenant to the landlord.
(7) A landlord may not
increase the rent for a manufactured dwelling park space after giving a notice
of termination under this section to the tenant of the space.
(8) This section does
not limit a landlord’s right to terminate a tenancy for nonpayment of rent
under ORS 90.394 or for other cause under ORS 90.380 (5)(b), 90.396, 90.398 or
90.632 by complying with ORS 105.105 to 105.168.
(9) If a landlord is
required to close a manufactured dwelling park by the exercise of eminent
domain or by order of a federal, state or local agency, the landlord shall
notify the park tenants no later than 15 days after the landlord receives
notice of the exercise of eminent domain or of the agency order. The notice to
the tenants shall be in writing, designate the date of closure, state the
reason for the closure, describe the tax credit available under [section 17 of this 2007 Act] ORS
316.153 and any government relocation benefits known by the landlord to be
available to the tenants and comply with any additional content requirements
under ORS 90.635.
SECTION 2d. If House Bill 3201 does not become law,
section 2 of this 2007 Act, as amended by section 2c of this 2007 Act, is
amended to read:
Sec.
2. (1) If a manufactured dwelling park, or a portion of the park
that includes the space for a manufactured dwelling, is to be closed and the
land or leasehold converted to a use other than as a manufactured dwelling
park, and the closure is not required by the exercise of eminent domain or by
order of federal, state or local agencies, the landlord may terminate a
month-to-month or fixed term rental agreement for a manufactured dwelling park
space:
(a) By giving the tenant
not less than 365 days’ notice in writing before the date designated in the
notice for termination; and
(b) By paying a tenant,
for each space for which a rental agreement is terminated, one of the following
amounts:
(A) $5,000 if the
manufactured dwelling is a single-wide dwelling;
(B) $7,000 if the
manufactured dwelling is a double-wide dwelling; or
(C) $9,000 if the manufactured dwelling is a triple-wide or larger
dwelling.
(2) Notwithstanding
subsection (1) of this section, if a landlord closes a manufactured dwelling
park under this section as a result of converting the park to a subdivision
under ORS 92.830 to 92.845, the landlord:
(a) May terminate a
rental agreement by giving the tenant not less than 180 days’ notice in writing
before the date designated in the notice for termination.
(b) Is not required to
make a payment under subsection (1)(b) of this section
to a tenant who:
(A) Buys the space or
lot on which the tenant’s manufactured dwelling is located and does not move
the dwelling; or
(B) Sells the
manufactured dwelling to a person who buys the space or lot.
(3) A notice given under
subsection (1) or (2) of this section shall, at a minimum:
(a) State that the
landlord is closing the park, or a portion of the park, and converting the land
or leasehold to a different use;
(b) Designate the date
of closure; and
(c) Include the tax [credit] notice described in ORS 90.635.
(4) Except as provided
in subsections (2) and (5) of this section, the landlord must pay a tenant the
full amount required under subsection (1)(b) of this section regardless of whether
the tenant relocates or abandons the manufactured dwelling. The landlord shall
pay at least one-half of the payment amount to the tenant within seven days
after receiving from the tenant the notice described in subsection (5)(a) of
this section. The landlord shall pay the remaining amount no later than seven
days after the tenant ceases to occupy the space.
(5) Notwithstanding
subsection (1) of this section:
(a) A landlord is not
required to make a payment to a tenant as provided in subsection (1) of this
section unless the tenant gives the landlord not less than 30 days’ and not
more than 60 days’ written notice of the date within the 365-day period on
which the tenant will cease tenancy, whether by relocation or abandonment of
the manufactured dwelling.
(b) If the manufactured
dwelling is abandoned:
(A) The landlord may
condition the payment required by subsection (1) of this section upon the
tenant waiving any right to receive payment under ORS 90.425 or 90.675.
(B) The landlord may not
charge the tenant to store, sell or dispose of the abandoned manufactured
dwelling.
(6)(a) A landlord may
not charge a tenant any penalty, fee or unaccrued rent for moving out of the
manufactured dwelling park prior to the end of the 365-day notice period.
(b) A landlord may
charge a tenant for rent for any period during which the tenant occupies the
space and may deduct from the payment amount required by subsection (1) of this
section any unpaid moneys owed by the tenant to the landlord.
(7) A landlord may not increase
the rent for a manufactured dwelling park space after giving a notice of
termination under this section to the tenant of the space.
(8) This section does
not limit a landlord’s right to terminate a tenancy for nonpayment of rent
under ORS 90.394 or for other cause under ORS 90.380 (5)(b), 90.396, 90.398 or
90.632 by complying with ORS 105.105 to 105.168.
(9) If a landlord is
required to close a manufactured dwelling park by the exercise of eminent
domain or by order of a federal, state or local agency, the landlord shall
notify the park tenants no later than 15 days after the landlord receives
notice of the exercise of eminent domain or of the agency order. The notice to
the tenants shall be in writing, designate the date of closure, state the reason
for the closure, describe [the tax credit
available under ORS 316.153 and] any government relocation benefits known
by the landlord to be available to the tenants and comply with any additional
content requirements under ORS 90.635.
(10) The Office of
SECTION 2e. If House Bill 3201 does not become law, the
amendments to section 2 of this 2007 Act by section 2d of this 2007 Act become
operative January 1, 2008.
SECTION 3. (1) A landlord that gives a notice of
termination under section 2 of this 2007 Act shall, at the same time, send one
copy of the notice to the Office of
(a)
That is not a tenant; and
(b)(A) That the landlord
actually knows to be an owner of the manufactured dwelling; or
(B) That has a lien
recorded in the title or ownership document records for the manufactured
dwelling.
(2) A landlord that
terminates rental agreements for manufactured dwelling park spaces under
section 2 of this 2007 Act shall, no later than 60 days after the manufactured
dwelling park or portion of the park closes, report to the office:
(a) The number of
dwelling unit owners who moved their dwelling units out of the park; and
(b) The number of
dwelling unit owners who abandoned their dwelling units at the park.
SECTION 4. A local government may not enforce an
ordinance, rule or other local law regulating manufactured dwelling park
closures or partial closures adopted or amended by the local government on or
after July 1, 2007. An ordinance, rule or other local law regulating
manufactured dwelling park closures or partial closures may not be applied to
reduce the rights provided to a park tenant under sections 2 or 3 of this 2007
Act.
SECTION 5. (1) Notwithstanding section 4 of this 2007
Act, no later than 90 days after the effective date of this 2007 Act, a local
governing body may amend an ordinance, rule or other local law adopted before
July 1, 2007, if the amendment increases the rights of manufactured dwelling
park tenants under the ordinance, rule or other local law to be equal to or
greater than the rights established for those tenants by sections 2 and 3 of
this 2007 Act.
(2) Section 4 of this
2007 Act applies to the enforcement of an ordinance, rule or other local law to
a manufactured dwelling park closure or partial closure on or after the
effective date of this 2007 Act regardless of whether the closure notice is
given before, on or after the effective date of this 2007 Act.
SECTION 6. ORS 90.100 is amended to read:
90.100. As used in this
chapter, unless the context otherwise requires:
(1) “Accessory building
or structure” means any portable, demountable or permanent structure, including
but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports,
decks, steps, ramps, piers and pilings, that is:
(a) Owned and used
solely by a tenant of a manufactured dwelling or floating home; or
(b) Provided pursuant to
a written rental agreement for the sole use of and maintenance by a tenant of a
manufactured dwelling or floating home.
(2) “Action” includes
recoupment, counterclaim, setoff, suit in equity and any other proceeding in
which rights are determined, including an action for possession.
(3) “Applicant screening
charge” means any payment of money required by a landlord of an applicant prior
to entering into a rental agreement with that applicant for a residential
dwelling unit, the purpose of which is to pay the cost of processing an
application for a rental agreement for a residential dwelling unit.
(4) “Building and
housing codes” includes any law, ordinance or governmental regulation
concerning fitness for habitation, or the construction, maintenance, operation,
occupancy, use or appearance of any premises or dwelling unit.
(5) “Conduct” means the
commission of an act or the failure to act.
(6) “Dealer” means any
person in the business of selling, leasing or distributing new or used
manufactured dwellings or floating homes to persons who purchase or lease a
manufactured dwelling or floating home for use as a residence.
(7) “Domestic violence”
has the meaning given that term in ORS 135.230.
(8) “Drug and alcohol
free housing” means a dwelling unit described in ORS 90.243.
(9) “Dwelling unit”
means a structure or the part of a structure that is used as a home, residence
or sleeping place by one person who maintains a household or by two or more
persons who maintain a common household. “Dwelling unit” regarding a person who
rents a space for a manufactured dwelling or recreational vehicle or regarding
a person who rents moorage space for a floating home as defined in ORS 830.700,
but does not rent the home, means the space rented and not the manufactured
dwelling, recreational vehicle or floating home itself.
(10) “Essential service”
means:
(a) For a tenancy not
consisting of rental space for a manufactured dwelling, floating home or
recreational vehicle owned by the tenant and not otherwise subject to ORS
90.505 to 90.840:
(A) Heat, plumbing, hot
and cold running water, gas, electricity, light fixtures, locks for exterior
doors, latches for windows and any cooking appliance or refrigerator supplied
or required to be supplied by the landlord; and
(B) Any other service or
habitability obligation imposed by the rental agreement or ORS 90.320, the lack
or violation of which creates a serious threat to the tenant’s health, safety
or property or makes the dwelling unit unfit for occupancy.
(b) For a tenancy
consisting of rental space for a manufactured dwelling, floating home or
recreational vehicle owned by the tenant or that is otherwise subject to ORS
90.505 to 90.840:
(A) Sewage disposal,
water supply, electrical supply and, if required by applicable law, any
drainage system; and
(B) Any other service or
habitability obligation imposed by the rental agreement or ORS 90.730, the lack
or violation of which creates a serious threat to the tenant’s health, safety
or property or makes the rented space unfit for occupancy.
(11) “Facility” means[:] a
manufactured dwelling park or a marina.
[(a) A place where four or more manufactured dwellings are located, the
primary purpose of which is to rent space or keep space for rent to any person
for a fee; or]
[(b) A moorage of contiguous dwelling units that may be legally
transferred as a single unit and are owned by one person where four or more
floating homes are secured, the primary purpose of which is to rent space or
keep space for rent to any person for a fee.]
(12) “Facility purchase
association” means a group of three or more tenants who reside in a facility
and have organized for the purpose of eventual purchase of the facility.
(13) “Fee” means a
nonrefundable payment of money.
(14) “First class mail”
does not include certified or registered mail, or any other form of mail that
may delay or hinder actual delivery of mail to the recipient.
(15) “Fixed term tenancy”
means a tenancy that has a fixed term of existence, continuing to a specific
ending date and terminating on that date without requiring further notice to
effect the termination.
(16) “Floating home” has
the meaning given that term in ORS 830.700. “Floating home” includes an
accessory building or structure.
(17) “Good faith” means
honesty in fact in the conduct of the transaction concerned.
(18) “Hotel or motel”
means “hotel” as that term is defined in ORS 699.005.
(19) “Informal dispute
resolution” means, but is not limited to, consultation between the landlord or
landlord’s agent and one or more tenants, or mediation utilizing the services
of a third party.
(20) “Landlord” means
the owner, lessor or sublessor of the dwelling unit or the building or premises
of which it is a part. “Landlord” includes a person who is authorized by the
owner, lessor or sublessor to manage the premises or to enter into a rental
agreement.
(21) “Landlord’s agent”
means a person who has oral or written authority, either express or implied, to
act for or on behalf of a landlord.
(22) “Last month’s rent
deposit” means a type of security deposit, however designated, the primary
function of which is to secure the payment of rent for the last month of the
tenancy.
(23) “Manufactured
dwelling” means a residential trailer, a mobile home or a manufactured home as
those terms are defined in ORS 446.003. “Manufactured dwelling” includes an
accessory building or structure. “Manufactured dwelling” does not include a
recreational vehicle.
(24) “Manufactured dwelling park” means a place where four or more manufactured
dwellings are located, the primary purpose of which is to rent space or keep
space for rent to any person for a charge or fee.
(25) “
[(24)] (26) “Month-to-month tenancy” means a tenancy that
automatically renews and continues for successive monthly periods on the same
terms and conditions originally agreed to, or as revised by the parties, until
terminated by one or both of the parties.
[(25)] (27) “Organization” includes a corporation,
government, governmental subdivision or agency, business trust, estate, trust,
partnership or association, two or more persons having a joint or common
interest, and any other legal or commercial entity.
[(26)] (28) “Owner” includes a mortgagee in possession and
means one or more persons, jointly or severally, in whom
is vested:
(a) All or part of the
legal title to property; or
(b) All or part of the
beneficial ownership and a right to present use and enjoyment of the premises.
[(27)] (29) “Person” includes an individual or organization.
[(28)] (30) “Premises” means:
(a) A dwelling unit and
the structure of which it is a part and facilities and appurtenances therein;
(b) Grounds, areas and
facilities held out for the use of tenants generally or the use of which is
promised to the tenant; and
(c) A facility for manufactured
dwellings or floating homes.
[(29)] (31) “Prepaid rent” means any payment of money to the
landlord for a rent obligation not yet due. In addition, “prepaid rent” means
rent paid for a period extending beyond a termination date.
[(30)] (32) “Recreational vehicle” has the meaning given that
term in ORS 446.003.
[(31)] (33) “Rent” means any payment to be made to the
landlord under the rental agreement, periodic or otherwise, in exchange for the
right of a tenant and any permitted pet to occupy a dwelling unit to the
exclusion of others. “Rent” does not include security deposits, fees or utility
or service charges as described in ORS 90.315 (4) and 90.532.
[(32)] (34) “Rental agreement” means all agreements, written
or oral, and valid rules and regulations adopted under ORS 90.262 or 90.510 (6)
embodying the terms and conditions concerning the use and occupancy of a
dwelling unit and premises. “Rental agreement” includes a lease. A rental
agreement shall be either a week-to-week tenancy, month-to-month tenancy or
fixed term tenancy.
[(33)] (35) “Roomer” means a person occupying a dwelling unit
that does not include a toilet and either a bathtub or a shower and a
refrigerator, stove and kitchen, all provided by the landlord, and where one or
more of these facilities are used in common by occupants in the structure.
[(34)] (36) “Screening or admission criteria” means a written
statement of any factors a landlord considers in deciding whether to accept or
reject an applicant and any qualifications required for acceptance. “Screening
or admission criteria” includes, but is not limited to, the rental history,
character references, public records, criminal records, credit reports, credit
references and incomes or resources of the applicant.
[(35)] (37) “Security deposit” means a refundable payment or
deposit of money, however designated, the primary function of which is to
secure the performance of a rental agreement or any part of a rental agreement.
“Security deposit” does not include a fee.
[(36)] (38) “Sexual assault” has the meaning given that term
in ORS 147.450.
[(37)] (39) “Squatter” means a person occupying a dwelling
unit who is not so entitled under a rental agreement or who is not authorized
by the tenant to occupy that dwelling unit. “Squatter” does not include a
tenant who holds over as described in ORS 90.427 (4).
[(38)] (40) “Stalking” means the behavior described in ORS
163.732.
[(39)] (41) “Statement of policy” means the summary
explanation of information and facility policies to be provided to prospective
and existing tenants under ORS 90.510.
[(40)] (42) “Surrender” means an agreement, express or
implied, as described in ORS 90.148 between a landlord and tenant to terminate
a rental agreement that gave the tenant the right to occupy a dwelling unit.
[(41)] (43) “Tenant” means a person, including a roomer,
entitled under a rental agreement to occupy a dwelling unit to the exclusion of
others, including a dwelling unit owned, operated or controlled by a public
housing authority. “Tenant” also includes a minor, as defined and provided for
in ORS 109.697. As used in ORS 90.505 to 90.840, “tenant” includes only a
person who owns and occupies as a residence a manufactured dwelling or a
floating home in a facility and persons residing with that tenant under the
terms of the rental agreement.
[(42)] (44) “Transient lodging” means a room or a suite of
rooms.
[(43)] (45) “Transient occupancy” means occupancy in
transient lodging that has all of the following characteristics:
(a) Occupancy is charged
on a daily basis and is not collected more than six days in advance;
(b) The lodging operator
provides maid and linen service daily or every two days as part of the
regularly charged cost of occupancy; and
(c) The period of
occupancy does not exceed 30 days.
[(44)] (46) “Vacation occupancy” means occupancy in a
dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics:
(a) The occupant rents
the unit for vacation purposes only, not as a principal residence;
(b) The occupant has a
principal residence other than at the unit; and
(c) The period of
authorized occupancy does not exceed 45 days.
[(45)] (47) “Victim” means a person who is the subject of
domestic violence, sexual assault or stalking. “Victim” includes a parent or
guardian of a minor who is the subject of domestic violence, sexual assault or
stalking.
[(46)] (48) “Week-to-week tenancy” means a tenancy that has
all of the following characteristics:
(a) Occupancy is charged
on a weekly basis and is payable no less frequently than every seven days;
(b) There is a written
rental agreement that defines the landlord’s and the tenant’s rights and
responsibilities under this chapter; and
(c) There are no fees or
security deposits, although the landlord may require the payment of an
applicant screening charge, as provided in ORS 90.295.
SECTION 7. ORS 90.635 is amended to read:
90.635. (1) If a [facility is closed] manufactured
dwelling park or a portion of a [facility]
manufactured dwelling park is closed, resulting in the termination of the
rental agreement between the landlord of the [facility] park and a tenant renting space for a manufactured
dwelling, whether because of the exercise of eminent domain, by order of [the] a federal, state or local [agencies,] agency or as provided
under [ORS 90.630 (5)] section 2
(1) of this 2007 Act, the landlord shall provide notice to the tenant of
the tax credit provided under [ORS
316.153] section 17 of this 2007 Act. The notice shall state the eligibility
requirements for the credit, information on how to apply for the credit and any
other information required by the Office of Manufactured Dwelling Park
Community Relations or the Department of Revenue by rule. The notice
shall also state that the closure may allow the taxpayer to appeal the property
tax assessment on the manufactured dwelling.
(2) The office shall
adopt rules establishing a sample form for the notice described in this section
and the notice described in section 2 (3) of this 2007 Act.
(3) The department, in
consultation with the office, shall adopt rules establishing a sample form and
explanation for the property tax assessment appeal.
[(2) The landlord shall send the notice
described under subsection (1) of this section to a tenant affected by a
facility closure on or before:]
[(a) The date notice of rental termination must
be given to the tenant under ORS 90.630 (5), if applicable; or]
[(b) In the event of facility closure by exercise of eminent domain or
by order of a state or local agency, within 15 days of the date the landlord
received notice of the closure.]
[(3) The landlord shall forward to the office a list of the names and
addresses of tenants to whom notice under this section has been sent.]
(4) The office may adopt
rules to [implement] administer
this section[,
including rules specifying the form and content of the notice described under
this section].
SECTION 7a. ORS 90.635, as amended by section 7 of this
2007 Act, is amended to read:
90.635. (1) If a manufactured
dwelling park or a portion of a manufactured dwelling park is closed, resulting
in the termination of the rental agreement between the landlord of the park and
a tenant renting space for a manufactured dwelling, whether because of the
exercise of eminent domain, by order of a federal, state or local agency or as
provided under section 2 (1) of this 2007 Act, the landlord shall provide
notice to the tenant [of the tax credit
provided under section 17 of this 2007 Act. The notice shall state the eligibility
requirements for the credit, information on how to apply for the credit and any
other information required by the Office of
[(2) The office shall adopt rules establishing a sample form for the
notice described in this section and the notice described in section 2 (3) of
this 2007 Act.]
[(3)] (2) The Department of Revenue, in consultation
with the Office of Manufactured Dwelling Park Community Relations, shall
adopt rules establishing a sample form and explanation for the property tax
assessment appeal.
[(4)] (3) The office may adopt rules
to administer this section.
SECTION 7b. The amendments to ORS 90.635 by section 7a
of this 2007 Act become operative January 1, 2013.
SECTION 7c. If House Bill 3201 does not become law,
sections 7a (amending ORS 90.635) and 7b of this 2007 Act are repealed, and ORS
90.635, as amended by section 7 of this 2007 Act, is amended to read:
90.635. (1) If a
manufactured dwelling park or a portion of a manufactured dwelling park is
closed, resulting in the termination of the rental agreement between the
landlord of the park and a tenant renting space for a manufactured dwelling,
whether because of the exercise of eminent domain, by order of a federal, state
or local agency or as provided under section 2 (1) of this 2007 Act, the
landlord shall provide notice to the tenant of the tax credit provided under [section 17 of this 2007 Act] ORS
316.153. The notice shall state the eligibility requirements for the
credit, information on how to apply for the credit and any other information
required by the Office of Manufactured Dwelling Park Community Relations or the
Department of Revenue by rule. The notice shall also state that the closure may
allow the taxpayer to appeal the property tax assessment on the manufactured
dwelling.
(2) The office shall
adopt rules establishing a sample form for the notice described in this section
and the notice described in section 2 (3) of this 2007 Act.
(3) The department, in
consultation with the office, shall adopt rules establishing a sample form and
explanation for the property tax assessment appeal.
(4) The office may adopt
rules to administer this section.
SECTION 7d.
If House Bill 3201 does not become law, ORS 90.635, as amended by sections 7
and 7c of this 2007 Act, is amended to read:
90.635. (1) If a
manufactured dwelling park or a portion of a manufactured dwelling park is
closed, resulting in the termination of the rental agreement between the
landlord of the park and a tenant renting space for a manufactured dwelling,
whether because of the exercise of eminent domain, by order of a federal, state
or local agency or as provided under section 2 (1) of this 2007 Act, the
landlord shall provide notice to the tenant [of the tax credit provided under ORS 316.153. The notice shall state
the eligibility requirements for the credit, information on how to apply for
the credit and any other information required by the Office of
[(2) The office shall adopt rules establishing a sample form for the
notice described in this section and the notice described in section 2 (3) of
this 2007 Act.]
[(3)] (2) The Department of Revenue, in consultation
with the Office of Manufactured Dwelling Park Community Relations, shall
adopt rules establishing a sample form and explanation for the property tax
assessment appeal.
[(4)] (3) The office may adopt rules
to administer this section.
SECTION 7e. If House Bill 3201 does not become law, the
amendments to ORS 90.635 by section 7d of this 2007 Act become operative
January 1, 2008.
SECTION 8. ORS 92.840 is amended to read:
92.840. (1)
Notwithstanding the provisions of ORS 92.016 (1), prior to the approval of a
tentative plan, the declarant may negotiate to sell a lot in a manufactured
dwelling park or a mobile home park for which approval is required under ORS
92.830 to 92.845.
(2) Prior to the sale of
a lot in a park, the declarant shall offer to sell the lot to the tenant who
occupies the lot. The offer required under this subsection:
(a) Terminates 60 days
after receipt of the offer by the tenant or upon written rejection of the
offer, whichever occurs first; and
(b) Does not constitute
a notice of termination of the tenancy.
(3) The declarant may
not sell the lot to a person other than the tenant for 60 days after
termination of the offer required under subsection (2) of this section at a
price or on terms that are more favorable to the purchaser than the price or
terms that were offered to the tenant.
(4) After the park has
been submitted for subdivision under ORS 92.830 to 92.845 and until a lot is
offered for sale in accordance with subsection (2) of this section, the
declarant shall notify a prospective tenant, in writing, prior to the
commencement of the tenancy, that the park has been submitted for subdivision
and that the tenant is entitled to receive an offer to purchase the lot under
subsection (2) of this section.
(5) Prior to any sale of
a lot in a subdivision created in the park, the declarant must provide the
tenant or other potential purchaser of the lot with information about the
homeowners association formed by the declarant as required by ORS 94.625. The
information must, at a minimum, include the association name and type and any
rights set forth in the declaration required by ORS 94.580.
(6) The declarant may
not begin improvements or rehabilitation to the lot during the period described
in [ORS 90.630 (5)] the landlord’s
notice of termination under section 2 of this 2007 Act without the
permission of the tenant.
(7) The declarant may
begin improvements or rehabilitation to the common property as defined in the
declaration during the period described in [ORS
90.630 (5)] the landlord’s notice of termination under section 2 of this
2007 Act.
(8) Nothing in this
section prevents the declarant from terminating a tenancy in the park in
compliance with ORS 90.630[,] and
90.632 and [90.635] section 2 of
this 2007 Act. However, the declarant shall make the offer required under
subsection (2) of this section to a tenant whose tenancy is terminated after
approval of the tentative plan unless the termination is for cause under ORS
90.392, 90.394, 90.396, 90.630 (1) or [(12)]
(8) or 90.632.
SECTION 9. ORS 446.543 is amended to read:
446.543. (1) An Office
of Manufactured Dwelling Park Community Relations is established in the Housing
and Community Services Department.
[(2) Office personnel shall:]
(2) The Director of
the Housing and Community Services Department shall, through the use of office
personnel or by other means:
(a) Undertake,
participate in or cooperate with persons and agencies in such conferences,
inquiries, meetings or studies as might lead to improvements in manufactured
dwelling park landlord and tenant relationships;
(b) Develop and
implement a centralized resource referral program for tenants and landlords to
encourage the voluntary resolution of disputes;
(c) Maintain a current
list of manufactured dwelling parks in the state, indicating the total number
of spaces;
(d) Not be directly
affiliated, currently or previously, in any way with a manufactured dwelling
park within the preceding two years; and
(e) Take other actions
or perform such other duties as the director [of the Housing and Community Services Department] deems necessary
or appropriate, including but not limited to coordinating or conducting
tenant resource fairs, providing tenant counseling and service referrals
related to park closures and providing outreach services to educate tenants
regarding tenant rights and responsibilities and the availability of services.
(3) The office shall
adopt rules to administer sections 2 and 3 of this 2007 Act.
RELOCATION OF DISPLACED
MANUFACTURED DWELLINGS
SECTION 10. ORS 197.485 is amended to read:
197.485. (1) A
jurisdiction may not prohibit placement of a manufactured dwelling, due solely
to its age, in a mobile home or manufactured dwelling park in a zone with a
residential density of eight to 12 units per acre.
(2) A jurisdiction may
not prohibit placement of a manufactured dwelling, due solely to its age, on
a buildable lot or parcel located outside urban growth boundaries or on a space
in a mobile home or manufactured dwelling park, if the manufactured
dwelling is being relocated due to the closure of a mobile home or manufactured
dwelling park or a portion of a mobile home or manufactured dwelling park.
(3) A jurisdiction may
impose reasonable safety and inspection requirements for homes that were not
constructed in conformance with the National Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C. 5403).
TENANT TAX EXEMPTIONS AND CREDITS
SECTION 11. Section 12 of this 2007 Act is added to and
made a part of ORS chapter 316.
SECTION 12. Amounts received by a taxpayer under
section 2 (1) of this 2007 Act are exempt from the taxes imposed by this
chapter.
SECTION 13. Section 14 of this 2007 Act is added to and
made a part of ORS chapter 317.
SECTION 14. Amounts received by a taxpayer under
section 2 (1) of this 2007 Act are exempt from the taxes imposed by this
chapter.
SECTION 15. Sections 12 and 14 of this 2007 Act apply
to tax years beginning on or after January 1, 2007.
SECTION 16. Section 17 of this 2007 Act is added to and
made a part of ORS chapter 316.
SECTION 17. (1) As used in this section:
(a) “Household” has the
meaning given that term in ORS 310.630.
(b) “Manufactured
dwelling” has the meaning given that term in ORS 446.003.
(c) “Manufactured
dwelling park” means a place within this state where four or more manufactured
dwellings are located, the primary purpose of which is to rent space or keep
space for rent to any person for a charge or fee.
(d) “Rental agreement”
means a contract under which an individual rents space in a manufactured
dwelling park for siting a manufactured dwelling.
(2) A credit of $5,000
against the taxes otherwise due under this chapter is allowed to an individual
who:
(a) Rents space in a
manufactured dwelling park for a manufactured dwelling that is owned and
occupied by the individual as the individual’s principal residence on the date
that the landlord delivers notice that the park, or a portion of the park, is
being closed and the rental agreement for the space is being terminated because
of the exercise of eminent domain, by order of a federal, state or local agency
or by the landlord; and
(b)
Ends tenancy at the manufactured dwelling park site in response to the
delivered notice described in paragraph (a) of this subsection.
(3) For purposes of
subsection (2) of this section:
(a) Tenancy by the
individual at the manufactured dwelling park site ends on the last day that a
member of the individual’s household occupies the manufactured dwelling at the
manufactured dwelling park site; and
(b) Tenancy by the
individual at the manufactured dwelling park site does not end if the
manufactured dwelling park is converted to a subdivision under ORS 92.830 to
92.845 and the individual buys a space or lot in the subdivision or sells the
manufactured dwelling to a person who buys a space or lot in the subdivision.
(4) Notwithstanding
subsection (2) of this section, if the manufactured dwelling park, or a portion
of the park, is being closed and the rental agreement of the individual is
being terminated because of the exercise of eminent domain, the credit amount
allowed to the individual is the amount described in subsection (2) of this
section, reduced by any amount that was paid to the individual as compensation for
the exercise of eminent domain.
(5) An individual may
not claim more than one credit under this section for tenancies ended during
the tax year.
(6) If, for the year in
which the individual ends the tenancy at the manufactured dwelling park, the
amount of the credit allowed by this section, when added to the sum of the
amounts allowable as payment of tax under ORS 316.187 and 316.583 plus other
tax prepayment amounts and other refundable credit amounts, exceeds the taxes
imposed by this chapter or ORS chapter 314 for the tax year, reduced by any
nonrefundable credits allowable for purposes of this chapter for the tax year,
the amount of the excess shall be refunded to the individual as provided in ORS
316.502.
(7) If more than one
individual in a household qualifies under this section to claim the tax credit,
the qualifying individuals may each claim a share of the available credit that
is in proportion to their respective gross incomes for the tax year.
SECTION 18. Section 17 of this 2007 Act applies to
individuals whose household ends tenancy at a manufactured dwelling park during
a tax year that begins on or after January 1, 2007, and before January 1, 2013.
SECTION 18a. If House Bill 3201 does not become law,
sections 16, 17, 18 and 20b of this 2007 Act and sections 19, 19a, 20 and 20a
of this 2007 Act (all amending ORS 316.502) are repealed.
SECTION 19. ORS 316.502 is amended to read:
316.502. (1) The net
revenue from the tax imposed by this chapter, after deducting refunds, shall be
paid over to the State Treasurer and held in the General Fund as miscellaneous
receipts available generally to meet any expense or obligation of the State of
Oregon lawfully incurred.
(2) A working balance of
unreceipted revenue from the tax imposed by this chapter may be retained for
the payment of refunds, but such working balance shall not at the close of any
fiscal year exceed the sum of $1 million.
(3) Moneys are
continuously appropriated to the Department of Revenue to make:
(a) The refunds
authorized under subsection (2) of this section;
(b) The refund payments
in excess of tax liability authorized under ORS 315.262 and 315.266 and
section 17 of this 2007 Act; and
(c) The refund payments
in excess of tax liability authorized under ORS 316.153 (4).
SECTION 19a. ORS 316.502, as amended by section 4a,
chapter 826, Oregon Laws 2005, is amended to read:
316.502. (1) The net
revenue from the tax imposed by this chapter, after deducting refunds, shall be
paid over to the State Treasurer and held in the General Fund as miscellaneous
receipts available generally to meet any expense or obligation of the State of
Oregon lawfully incurred.
(2) A working balance of
unreceipted revenue from the tax imposed by this chapter may be retained for
the payment of refunds, but such working balance shall not at the close of any
fiscal year exceed the sum of $1 million.
(3) Moneys are
continuously appropriated to the Department of Revenue to make:
(a) The refunds
authorized under subsection (2) of this section; and
(b) The refund payments
in excess of tax liability authorized under ORS 315.262 and 315.266 and
section 17 of this 2007 Act.
SECTION 20. ORS 316.502, as amended by section 4a, chapter
826, Oregon Laws 2005, and section 60, chapter 832, Oregon Laws 2005, is
amended to read:
316.502. (1) The net
revenue from the tax imposed by this chapter, after deducting refunds, shall be
paid over to the State Treasurer and held in the General Fund as miscellaneous
receipts available generally to meet any expense or obligation of the State of
Oregon lawfully incurred.
(2) A working balance of
unreceipted revenue from the tax imposed by this chapter may be retained for
the payment of refunds, but such working balance shall not at the close of any
fiscal year exceed the sum of $1 million.
(3) Moneys are
continuously appropriated to the Department of Revenue to make:
(a) The refunds
authorized under subsection (2) of this section; and
(b) The refund payments
in excess of tax liability authorized under ORS 315.262 and section 17 of
this 2007 Act.
SECTION 20a. ORS 316.502, as amended by section 4a,
chapter 826, Oregon Laws 2005, section 60, chapter 832, Oregon Laws 2005, and
section 20 of this 2007 Act, is amended to read:
316.502. (1) The net
revenue from the tax imposed by this chapter, after deducting refunds, shall be
paid over to the State Treasurer and held in the General Fund as miscellaneous
receipts available generally to meet any expense or obligation of the State of
Oregon lawfully incurred.
(2) A working balance of
unreceipted revenue from the tax imposed by this chapter may be retained for
the payment of refunds, but such working balance shall not at the close of any
fiscal year exceed the sum of $1 million.
(3) Moneys are
continuously appropriated to the Department of Revenue to make:
(a) The refunds
authorized under subsection (2) of this section; and
(b) The refund payments
in excess of tax liability authorized under ORS 315.262 [and section 17 of this 2007 Act].
SECTION 20b. (1) The amendments to ORS 316.502 by
sections 19 to 20 of this 2007 Act apply to refunds for credits claimed for tax
years beginning on or after January 1, 2007, and before January 1, 2013.
(2) The amendments to
ORS 316.502 by section 20a of this 2007 Act become operative January 2, 2018.
MANUFACTURED
LANDLORD TAX EXEMPTIONS
SECTION 21. Section 7, chapter 826, Oregon Laws 2005, is
amended to read:
Sec.
7. Section 6 [of this 2005 Act],
chapter 826, Oregon Laws 2005, applies to tax years beginning on or after
January 1, 2006, and before January 1, [2008]
2014.
SECTION 22. Section 10, chapter 826, Oregon Laws 2005, is
amended to read:
Sec.
10. Section 9 [of this 2005
Act], chapter 826, Oregon Laws 2005, applies to tax years beginning
on or after January 1, 2006, and before January 1, [2008] 2014.
NOTE:
Sections 23 and 24 were deleted by amendment. Subsequent sections were not
renumbered.
CLOSURE OF
SECTION 25. (1) If a marina or a portion of the marina
that includes a marina space is to be closed and the land or leasehold
converted to a different use, and the closure is not required by the exercise
of eminent domain or by order of a federal, state or local agency, the landlord
of the marina may terminate a month-to-month or fixed term rental agreement for
a marina space by giving the tenant:
(a) Not less than 365
days’ notice in writing before the date designated in the notice for
termination; or
(b) Not less than 180
days’ notice in writing before the date designated in the notice for
termination, if:
(A) The landlord finds
space acceptable to the tenant to which the tenant can move the floating home;
and
(B) The landlord pays
the cost of moving and set-up expenses or $3,500, whichever is less.
(2) The landlord may:
(a) Provide greater
financial incentive to encourage the tenant to accept an earlier termination
date than that provided in subsection (1) of this section; or
(b) Contract with the
tenant for a mutually acceptable arrangement to assist the tenant’s move.
(3) The Housing and
Community Services Department shall adopt rules to administer this section.
(4)(a) A landlord may
not increase the rent for a dwelling unit for the purpose of offsetting the
payments required under this section.
(b) A landlord may not
increase the rent for a dwelling unit after giving a notice of termination
under this section to the tenant.
(5) Nothing in
subsection (1) of this section shall prevent a landlord from relocating a
floating home to another comparable space in the same marina, or in another
marina owned by the same owner in the same city, if the landlord desires or is
required to make repairs, to remodel or to modify the tenant’s original space.
(6) This section does
not limit a landlord’s right to terminate a tenancy for nonpayment of rent
under ORS 90.394 or for other cause under ORS 90.380 (5)(b), 90.396, 90.398 or
90.632 by complying with ORS 105.105 to 105.168.
(7) If a landlord is
required to close a marina by the exercise of eminent domain or by order of a
federal, state or local agency, the landlord shall notify the marina tenants no
later than 15 days after the landlord receives notice of the exercise of
eminent domain or of the agency order. The notice to the tenants shall be in
writing, designate the date of closure, state the reason for the closure and describe
any government relocation benefits known by the landlord to be available to the
tenants.
TERMINATION OF TENANCY
SECTION 26. Sections 27 to 29 of this 2007 Act are
added to and made a part of ORS 90.100 to 90.459.
SECTION 27. (1) As used in this section and sections 28
and 29 of this 2007 Act, “rent” does not include funds paid under the United
States Housing Act of 1937 (42 U.S.C. 1437f).
(2) Except as otherwise
provided in this section, a landlord waives the right to terminate a rental
agreement for a particular violation of the rental agreement or of law if the
landlord:
(a) During three or more
separate rental periods, accepts rent with knowledge of the violation by the
tenant; or
(b) Accepts performance
by a tenant that varies from the terms of the rental agreement.
(3) A landlord has not
accepted rent for purposes of subsection (2) of this section if:
(a) Within 10 days after
receipt of the rent payment, the landlord refunds the rent; or
(b) The rent payment is
made in the form of a check that is dishonored.
(4) A landlord does not
waive the right to terminate a rental agreement for a violation under any of
the following circumstances:
(a) The landlord and
tenant agree otherwise after the violation has occurred.
(b) The violation concerns
the tenant’s conduct and, following the violation but prior to acceptance of
rent for three rental periods or performance as described in subsection (2) of
this section, the landlord gives a written warning notice to the tenant
regarding the violation that:
(A) Describes
specifically the conduct that constitutes the violation, either as a separate
and distinct violation, a series or group of violations or a continuous or
ongoing violation;
(B) States that the
tenant is required to discontinue the conduct or correct the violation; and
(C) States that a
reoccurrence of the conduct that constitutes a violation may result in a
termination of the tenancy pursuant to ORS 90.392, 90.398, 90.405 or 90.630.
(c) The tenancy consists
of rented space for a manufactured dwelling or floating home as described in
ORS 90.505, and the violation concerns:
(A) Disrepair or
deterioration of the manufactured dwelling or floating home pursuant to ORS
90.632; or
(B) A failure to
maintain the rented space, as provided by ORS 90.740 (2), (4)(b)
and (4)(h).
(d) The termination is
under ORS 90.396.
(e) The landlord
accepts:
(A) A last month’s rent
deposit collected at the beginning of the tenancy, regardless of whether the
deposit covers a period beyond a termination date;
(B) Rent distributed
pursuant to a court order releasing money paid into court as provided by ORS
90.370 (1); or
(C) Rent paid for a rent
obligation not yet due and paid more than one rental period in advance.
(5) For a continuous or
ongoing violation, the landlord’s written warning notice under subsection
(4)(b) of this section remains effective for 12 months and may be renewed with
a new warning notice before the end of the 12 months.
(6) A landlord that must
refund rent under this section shall make the refund to the tenant or other
payer by personal delivery or first class mail. The refund may be in the form
of the tenant’s or other payer’s check or in any other form of check or money.
SECTION 28. (1) If a notice of termination has been
given by the landlord or the tenant, the following do not waive the right of
the landlord to terminate on the notice and do not reinstate the tenancy:
(a) Except when the
notice is a nonpayment of rent termination notice under ORS 90.394, the
acceptance of rent if:
(A) The rent is prorated
to the termination date specified in the notice; or
(B) The landlord refunds
at least the unused balance of the rent prorated for the period beyond the
termination date within 10 days after receiving the rent payment.
(b) Except if the
termination is for cause under ORS 90.392, 90.398, 90.405, 90.630 or 90.632,
the acceptance of rent for a rental period that extends beyond the termination
date in the notice, if the landlord refunds at least the unused balance of the
rent for the period beyond the termination date within 10 days after the end of
the remedy or correction period described in the applicable notice.
(c) If the termination
is for cause under ORS 90.392, 90.398, 90.405, 90.630 or 90.632 and proceedings
have commenced under ORS 105.105 to 105.168 to recover possession of the
premises based on the termination:
(A) The acceptance of
rent for a period beyond the expiration of the notice of termination during
which the tenant remains in possession if:
(i) The landlord notifies
the tenant in writing in, or after the service of, the notice of termination
for cause that the acceptance of rent while an action for possession is pending
will not waive the right to terminate under the notice; and
(ii) The rent does not
cover a period that extends beyond the date the rent payment is accepted.
(B) Service of a
nonpayment of rent termination notice under ORS 90.394.
(2) The following do not
waive the right of the landlord to terminate on a notice of termination given
by the landlord or the tenant and do not reinstate a tenancy:
(a) The acceptance of a
last month’s rent deposit collected at the beginning of the tenancy, whether or
not the deposit covers a period beyond a termination date.
(b) The acceptance of
rent distributed under a court order releasing money that was paid into the
court as provided under ORS 90.370 (1).
(c) The acceptance of
rent paid for a rent obligation not yet due and paid more than one rental
period in advance.
(3) 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 in any other form of check or money.
SECTION 29. (1) A tenant’s duty regarding rent payments
is to tender to the landlord an offer of the full amount of rent owed within
the time allowed by law and by the rental agreement provisions regarding
payment. A landlord may refuse to accept a rent tender that is for less than
the full amount of rent owed or that is untimely.
(2) A landlord may
accept a partial payment of rent. The acceptance of a partial payment of rent
in a manner consistent with subsection (3) of this section does not constitute
a waiver under section 27 (2)(b) of this 2007 Act of the landlord’s right to
terminate the tenancy under ORS 90.394 for nonpayment of the balance of the
rent owed.
(3) 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. Installment rent payments described in this subsection are not
partial payment of rent for purposes of this section.
(4) The acceptance of a
partial payment of rent waives the right of the landlord to terminate the
tenant’s rental agreement under ORS 90.394 for nonpayment of rent unless:
(a)(A) The landlord
accepted the partial payment of rent before the landlord gave a nonpayment of
rent termination notice under ORS 90.394 based on the tenant’s agreement to pay
the balance by a time certain and the tenant does not pay the balance of the
rent as agreed;
(B) The landlord’s
notice of termination is served no earlier than it would have been permitted
under ORS 90.394 had no rent been accepted; and
(C) 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; or
(b) The landlord
accepted a partial payment of rent after giving a nonpayment of rent
termination notice under ORS 90.394 and entered into a written agreement with
the tenant that the acceptance does not constitute waiver. The agreement may
provide that the landlord may terminate the rental agreement and take
possession as provided in ORS 105.105 to 105.168 without serving a new notice
under ORS 90.394 if the tenant fails to pay the balance of the rent by a time
certain.
(5) Notwithstanding any
acceptance of a partial payment of rent under subsection (4) of this section,
the tenant continues to owe the landlord the unpaid balance of the rent.
SECTION 30. ORS 90.415 and 316.153 are repealed.
SECTION 30a. The repeal of ORS 316.153 by section 30 of
this 2007 Act applies to tax years beginning on or after January 1, 2007.
SECTION 30b. If House Bill 3201 does not become law,
section 30a of this 2007 Act is amended to read:
Sec.
30a. The repeal of ORS 316.153 by section 30 of this 2007 Act [applies to tax years beginning on or after
January 1, 2007] becomes operative January 2, 2012.
SECTION 31. ORS 90.425 is amended to read:
90.425. (1) As used in this section:
(a) “Current market
value” means the amount in cash, as determined by the county assessor, that
could reasonably be expected to be paid for a manufactured dwelling or floating
home by an informed buyer to an informed seller, each acting without compulsion
in an arm’s-length transaction occurring on the assessment date for the tax
year or on the date of a subsequent reappraisal by the county assessor.
(b) “Dispose of the
personal property” means that, if reasonably appropriate, the landlord may
throw away the property or may give it without consideration to a nonprofit
organization or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
(c) “Goods” includes
those goods left inside a recreational vehicle, manufactured dwelling or
floating home or left upon the rental space outside a recreational vehicle,
manufactured dwelling or floating home, whether the recreational vehicle,
dwelling or home is located inside or outside of a facility.
(d) “Lienholder” means
any lienholder of an abandoned recreational vehicle, manufactured dwelling or
floating home, if the lien is of record or the lienholder is actually known to
the landlord.
(e) “Of record” means:
(A) For a recreational
vehicle that is not a manufactured structure as defined in ORS 446.561, that a
security interest has been properly recorded with the Department of Transportation
pursuant to ORS 802.200 (1)(a)(A) and 803.097.
(B) For a manufactured
dwelling or recreational vehicle that is a manufactured structure as defined in
ORS 446.561, that a security interest has been properly recorded for the
manufactured dwelling or recreational vehicle in the records of the Department
of Consumer and Business Services pursuant to ORS 446.611 or on a certificate
of title issued by the Department of Transportation prior to May 1, 2005.
(C) 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
receives possession of the premises from the sheriff following restitution
pursuant to ORS 105.161.
(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 must be:
(a) Personally delivered
to the tenant; or
(b) Sent by first class
mail addressed and mailed to the tenant at:
(A) The premises;
(B) Any post-office box
held by the tenant and actually known to the landlord; and
(C) The most recent
forwarding address if provided by the tenant or actually known to the landlord.
(4)(a) In addition to
the notice required by subsection (3) of this section, in the case of an
abandoned recreational vehicle, manufactured dwelling or floating home, a
landlord shall also give a copy of the notice described in subsection (3) of
this section to:
(A) Any lienholder of
the recreational vehicle, manufactured dwelling or floating home;
(B) Any owner of the
recreational vehicle, manufactured dwelling or floating home;
(C) The tax collector of
the county where the manufactured dwelling or floating home is located; and
(D) The assessor of the
county where the manufactured dwelling or floating home is located.
(b) The landlord shall
give the notice copy required by this subsection by personal delivery or first
class mail, except that for any lienholder, mail service must 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 must 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 must be
stored on the rented space;
(d) The tenant or any
lienholder or owner, except as provided by subsection (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 (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 the
property is not claimed, the notice shall state that belief and intent; and
(i) If the personal
property includes a recreational vehicle, manufactured dwelling or floating
home and if applicable, there is a lienholder or owner that has a right to
claim the recreational vehicle, dwelling or home, except as provided by
subsection (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 is:
(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 may 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 15 days or, in the case of a recreational vehicle,
manufactured dwelling or floating home, 30 days following the date of the
response, subject to subsection (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] section 27 or 29
of this 2007 Act.
(9) Except as provided
in subsections (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 (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 ownership of record of 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 any plate, registration or other identification
number for a recreational vehicle or floating home noted on the certificate of
title, if actually known to the landlord;
(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 must 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 and assessments 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 (13) of this section;
(b) Destroy or otherwise
dispose of the personal property if the landlord determines that:
(A) For a manufactured
dwelling or floating home, the current market value of the property is $8,000
or less as determined by the county assessor; or
(B) For all other
personal property, the reasonable current fair market value is $500 or less or
so low that the cost of storage and conducting a public sale probably exceeds
the amount that would be realized from the sale; or
(c) Consistent with
paragraphs (a) and (b) of this subsection, sell certain items and destroy or
otherwise dispose of the remaining personal property.
(11)(a) A public or
private sale authorized by this section must:
(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.
(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 and assessments 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 landlord shall deposit the
remaining proceeds with the county treasurer of the county in which the sale
occurred. If not claimed within three years, the deposited proceeds revert to
the general fund of the county and are available for general purposes.
(14) The county tax
collector shall cancel all unpaid property taxes and assessments owed on a
manufactured dwelling or floating home, as provided under ORS 311.790, only under one of the following circumstances:
(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 and assessments owed
on the dwelling or home after distribution of the proceeds pursuant to
subsection (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 and assessments owed
on the manufactured dwelling or floating home after distribution of the
proceeds pursuant to subsection (13) of this section; and
(D) The landlord
disposes of the manufactured dwelling or floating home.
(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.
(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.
(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.
(18) In the case of an
abandoned recreational vehicle, manufactured dwelling or floating home, the
provisions of this section regarding the rights and responsibilities of a
tenant to the abandoned vehicle, dwelling or home 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 (20) of
this section has waived all rights under this section pursuant to subsection
(25) of this section; or
(c) The notice and
response periods provided by subsections (6) and (8) of this section have
expired.
(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 (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 90.532, if limited to
charges for electricity, water, sewer service and natural gas and if incidental
to the storage of personal property. A storage charge may not be due more
frequently than monthly;
(B) The lienholder pay a
late charge or fee for failure to pay a storage charge by the date required in
the agreement, if the amount of the late charge is no greater than for late
charges described in the rental agreement between the landlord and the tenant;
and
(C) The lienholder
maintain the personal property and the space on which the personal property is
stored in a manner consistent with the rights and obligations described in the
rental agreement between the landlord and the tenant.
(e) During the term of
an agreement described under this subsection, the lienholder has the right to
remove or sell the property, subject to the provisions of the 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.
(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
responsibilities regarding the abandoned dwelling or home as a tenant.
(b) The notice required
by subsection (3) of this section must 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 must refer to any personal representative or
designated person, instead of the deceased tenant, and must 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 (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 (19)(c), (d) and (f)(C) of this
section applies, 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 has the right to remove or sell the dwelling or home,
including a sale to a purchaser or a transfer to an heir or devisee where the
purchaser, heir or devisee wishes to leave the dwelling or home on the rented
space and become a tenant, subject to any conditions previously agreed to by
the landlord and tenant regarding the landlord’s approval for occupancy of a
purchaser, heir or devisee or, if there was no such agreement, any reasonable
conditions by the landlord regarding approval for occupancy of any purchaser,
heir or devisee who wishes to leave the dwelling or home on the rented space
and become a tenant. The landlord also may condition approval for occupancy of
any purchaser, heir or devisee of the dwelling or home upon payment of all
unpaid storage charges and maintenance costs.
(g) If the
representative or person violates the storage agreement, the landlord may
terminate the agreement by giving at least 30 days’ written notice to the
representative or person stating facts sufficient to notify the representative
or person of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of the dwelling or
home without further notice to the representative or person.
(h) Upon the failure of
a representative or person to enter into a storage agreement as provided by
this subsection or upon termination of an agreement, unless the parties
otherwise agree or the representative or person has sold or removed the
manufactured dwelling or floating home, the landlord may sell or dispose of the
property pursuant to this section without further notice to the representative
or person.
(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 immediate vicinity and requires quick
removal of the property, the landlord may sell or dispose of the property
pursuant to this subsection. The landlord shall comply with all provisions of
this section, except as follows:
(a) The date provided in
subsection (6) of this section by which a tenant, lienholder, owner, personal
representative or designated person must contact a landlord to arrange for the
disposition of the property must 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 must 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 must 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
must be consistent with this subsection;
(B) The notice must
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 (19) of this
section.
(22)(a) If an official
or agency referred to in ORS 453.876 notifies the landlord that the official or
agency has determined that all or part of the premises is unfit for use as a
result of the presence of an illegal drug manufacturing site involving
methamphetamine, and the landlord complies with this subsection, the landlord
is not required to comply with subsections (1) to (21) and (23) to (26) of this
section with regard to personal property left on the portion of the premises
that the official or agency has determined to be unfit for use.
(b) Upon receiving
notice from an official or agency determining the premises to be unfit for use,
the landlord shall promptly give written notice to the tenant as provided in
subsection (3) of this section. The landlord shall also attach a copy of the
notice in a secure manner to the main entrance of the dwelling unit. The notice
to the tenant shall include a copy of the official’s
or agency’s notice and state:
(A) That the premises,
or a portion of the premises, has been determined by an official or agency to
be unfit for use due to contamination from the manufacture of methamphetamine
and that as a result subsections (1) to (21) and (23) to (26) of this section
do not apply to personal property left on any portion of the premises
determined to be unfit for use;
(B) That the landlord
has hired, or will hire, a contractor to assess the level of contamination of
the site and to decontaminate the site;
(C) That upon hiring the
contractor, the landlord will provide to the tenant the name, address and
telephone number of the contractor; and
(D) That the tenant may
contact the contractor to determine whether any of the tenant’s personal
property may be removed from the premises or may be decontaminated at the
tenant’s expense and then removed.
(c) To the extent
consistent with rules of the Department of Human Services, the contractor may
release personal property to the tenant.
(d) If the contractor
and the department determine that the premises or the tenant’s personal
property is not unfit for use, upon notification by the department of the
determination, the landlord shall comply with subsections (1) to (21) and (23)
to (26) of this section for any personal property left on the premises.
(e) Except as provided
in paragraph (d) of this subsection, the landlord is not responsible for
storing or returning any personal property left on the portion of the premises
that is unfit for use.
(23) 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 also apply to that owner, with regard only to the vehicle,
dwelling or home, and not to any goods left inside or outside the vehicle,
dwelling or home.
(24) In the case of an
abandoned motor vehicle, the procedure authorized by ORS 98.830 and 98.835 for
removal of abandoned motor vehicles from private property may be used by a
landlord as an alternative to the procedures required in this section.
(25)(a) A landlord may
sell or dispose of a tenant’s abandoned personal property without complying
with subsections (1) to (24) and (26) 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 (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.
(26) 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 32. ORS 90.630 is amended to read:
90.630. (1) Except as
provided in subsection (4) of this section, the landlord may terminate a rental
agreement that is a month-to-month or fixed term tenancy for space for a
manufactured dwelling or floating home by giving to the tenant not less than 30
days’ notice in writing before the date designated in the notice for
termination if the tenant:
(a) Violates a law or
ordinance related to the tenant’s conduct as a tenant, including but not
limited to a material noncompliance with ORS 90.740;
(b) Violates a rule or
rental agreement provision related to the tenant’s conduct as a tenant and
imposed as a condition of occupancy, including but not limited to a material
noncompliance with a rental agreement regarding a program of recovery in drug
and alcohol free housing; [or]
(c) Is determined to
be a predatory sex offender under ORS 181.585 to 181.587; or
[(c)] (d) Fails to pay a:
(A) Late charge pursuant
to ORS 90.260;
(B) Fee pursuant to ORS
90.302; or
(C) Utility or service
charge pursuant to ORS 90.534 or 90.536.
(2) A violation making a
tenant subject to termination under subsection (1) of this section includes a
tenant’s failure to maintain the space as required by law, ordinance, rental
agreement or rule, but does not include the physical condition of the dwelling
or home. Termination of a rental agreement based upon the physical condition of
a dwelling or home shall only be as provided in ORS 90.632.
(3) The notice required
by subsection (1) of this section shall state facts sufficient to notify the
tenant of the reasons for termination of the tenancy and state that the tenant
may avoid termination by correcting the violation as provided in subsection (4)
of this section.
(4) The tenant may avoid
termination of the tenancy by correcting the violation within the 30-day period
specified in subsection (1) of this section. However, if substantially the same
act or omission that constituted a prior violation of which notice was given
recurs within six months after the date of the notice, the landlord may
terminate the tenancy upon at least 20 days’ written notice specifying the
violation and the date of termination of the tenancy.
(5) Notwithstanding
subsection (3) or (4) of this section, a tenant who is given a notice of
termination under subsection (1)(c) of this section
does not have a right to correct the violation. A notice given to a tenant
under subsection (1)(c) of this section must state
that the tenant does not have a right to avoid the termination.
[(5) The landlord of a facility may terminate a rental agreement that is
a month-to-month or fixed term tenancy for a facility space if the facility or
a portion of it that includes the space is to be closed and the land or
leasehold converted to a different use, which is not required by the exercise
of eminent domain or by order of state or local agencies, by:]
[(a) Not less than 365 days’ notice in writing before the date
designated in the notice for termination; or]
[(b) Not less than 180 days’ notice in writing before the date
designated in the notice for termination, if the landlord finds space
acceptable to the tenant to which the tenant can move the manufactured dwelling
or floating home and the landlord pays the cost of moving and set-up expenses
or $3,500, whichever is less.]
[(6) The landlord may:]
[(a) Provide greater financial incentive to encourage the tenant to
accept an earlier termination date than that provided in subsection (5) of this
section; or]
[(b) Contract with the tenant for a mutually
acceptable arrangement to assist the tenant’s move.]
[(7) The Housing and Community Services Department shall adopt rules to
implement the provisions of subsection (5) of this section.]
[(8)(a) A landlord may not increase the rent
for the purpose of offsetting the payments required under this section.]
[(b) There shall be no increase in the rent after a notice of
termination is given pursuant to this section.]
[(9)] (6) This section does not limit a landlord’s right to
terminate a tenancy for nonpayment of rent under ORS 90.394 or for other cause
under ORS 90.380 (5)(b), 90.396, 90.398 or 90.632 by complying with ORS 105.105
to 105.168.
[(10)] (7) A tenancy terminates 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.
[(11) Nothing in subsection (5) of this section shall prevent a landlord
from relocating a floating home to another comparable space in the same
facility or another facility owned by the same owner in the same city if the
landlord desires or is required to make repairs, to remodel or to modify the
tenant’s original space.]
[(12)(a)] (8) Notwithstanding any
other provision of this section or ORS [90.392,]
90.394, 90.396 or 90.398, the landlord may terminate the rental agreement for
space for a manufactured dwelling or floating home because of repeated late
payment of rent by giving the tenant not less than 30 days’ notice in writing
before the date designated in that notice for termination and may take
possession as provided in ORS 105.105 to 105.168 if:
[(A)] (a) The tenant has not paid the monthly rent prior to
the eighth day of the rental period as described in ORS 90.394 (2)(a) or the fifth day of the rental period as described in
ORS 90.394 (2)(b) in at least three of the preceding 12 months and the landlord
has given the tenant a [notice for]
nonpayment of rent termination notice pursuant to ORS 90.394 (2) during
each of those three instances of nonpayment;
[(B)] (b) The landlord warns the
tenant of the risk of a 30-day notice for termination with no right to correct
the cause, upon the occurrence of a third [notice
for] nonpayment of rent termination notice within a 12-month period.
The warning must be contained in at least two [notices for] nonpayment of rent termination notices that
precede the third notice within a 12-month period or in separate written
notices that are given concurrent with, or a reasonable time after, each of the
two [notices for] nonpayment of rent
termination notices; and
[(C)] (c) The 30-day notice of termination states facts
sufficient to notify the tenant of the cause for termination of the tenancy and
is given to the tenant concurrent with or after the third or a subsequent [notice for] nonpayment of rent
termination notice.
[(b)] (9) Notwithstanding subsection [(2)] (4) of this section, a tenant who receives a 30-day
notice of termination pursuant to [this]
subsection (8) of this section does not have a right to correct the
cause for the notice.
[(c)] (10) The landlord may give a copy of the notice
required by [paragraph (a) of this]
subsection (8) of this section to any lienholder of the manufactured
dwelling or floating home by first class mail with certificate of mailing or by
any other method allowed by ORS 90.150 (2) and (3). A landlord is not liable to
a tenant for any damages incurred by the tenant as a result of the landlord
giving a copy of the notice in good faith to a lienholder. A lienholder’s
rights and obligations regarding an abandoned manufactured dwelling or floating
home shall be as provided under ORS 90.675.
SECTION 32a. ORS 90.260 is amended to read:
90.260. (1) A landlord may impose a late charge or fee, however
designated, only if:
(a) The rent payment is
not received by the fourth day of the weekly or monthly rental period for which
rent is payable; and
(b) There exists a
written rental agreement that specifies:
(A) The tenant’s
obligation to pay a late charge on delinquent rent payments;
(B) The type and amount
of the late charge, as described in subsection (2) of this section; and
(C) The date on which rent
payments are due and the date or day on which late charges become due.
(2) The amount of any
late charge may not exceed:
(a) A reasonable flat
amount, charged once per rental period. “Reasonable amount” means the customary
amount charged by landlords for that rental market;
(b) A reasonable amount,
charged on a per-day basis, beginning on the fifth day of the rental period for
which rent is delinquent. This daily charge may accrue every day thereafter
until the rent, not including any late charge, is paid in full, through that
rental period only. The per-day charge may not exceed six percent of the amount
described in paragraph (a) of this subsection; or
(c) Five percent of the
periodic rent payment amount, charged once for each succeeding five-day period,
or portion thereof, for which the rent payment is delinquent, beginning on the
fifth day of that rental period and continuing and accumulating until that rent
payment, not including any late charge, is paid in full, through that rental
period only.
(3) In periodic
tenancies, a landlord may change the type or amount of late charge by giving 30
days’ written notice to the tenant.
(4) A landlord may not
deduct a previously imposed late charge from a current or subsequent rental
period rent payment, thereby making that rent payment delinquent for imposition
of a new or additional late charge or for termination of the tenancy for
nonpayment under ORS 90.394.
(5) A landlord may
charge simple interest on an unpaid late charge at the rate allowed for judgments
pursuant to ORS 82.010 (2) and accruing from the date the late charge is
imposed.
(6) Nonpayment of a late
charge alone is not grounds for termination of a rental agreement for
nonpayment of rent under ORS 90.394, but is grounds for termination of a rental
agreement for cause under ORS 90.392 or 90.630 (1). A landlord may note the
imposition of a late charge on a [notice
of] nonpayment of rent termination notice under ORS 90.394, so long
as the notice states or otherwise makes clear that the tenant may cure the
nonpayment notice by paying only the delinquent rent, not including any late
charge, within the allotted time.
(7) A late charge
includes an increase or decrease in the regularly charged periodic rent payment
imposed because a tenant does or does not pay that rent by a certain date.
SECTION 33. 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 may 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
Housing 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 must:
(a) State facts
sufficient to notify the tenant of the causes or reasons for termination of the
tenancy and removal of the dwelling or home;
(b) State that the
tenant can avoid termination and removal by correcting the cause for
termination and removal within the notice period;
(c) Describe what is
required to correct the cause for termination;
(d) Describe the tenant’s
right to give the landlord a written notice of correction, where to give the
notice and the deadline for giving the notice in order to ensure a response by
the landlord, all as provided by subsection (6) of this section; and
(e) Describe the tenant’s
right to have the termination and correction period extended as provided by
subsection (7) of this section.
(5) The tenant may avoid
termination of the tenancy by correcting the cause within the period specified.
However, if substantially the same condition that constituted a prior cause for
termination of which notice was given recurs within 12 months after the date of
the notice, the landlord may terminate the tenancy and require the removal of
the dwelling or home upon at least 30 days’ written notice specifying the
violation and the date of termination of the tenancy.
(6) During the
termination notice or extension period, the tenant may give the landlord
written notice that the tenant has corrected the cause for termination. Within
a reasonable time after the tenant’s notice of correction, the landlord shall
respond to the tenant in writing, stating whether the landlord agrees that the
cause has been corrected. If the tenant’s notice of correction is given at
least 14 days prior to the end of the termination notice or extension period,
failure by the landlord to respond as required by this subsection is 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)] section 27 of this
2007 Act.
(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 terminates
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
under ORS 90.394 or for other cause under ORS 90.380 (5)(b), 90.396, 90.398 or
90.630 by complying with ORS 105.105 to 105.168.
(11) A landlord may give
a copy of the notice for termination required by this section to any lienholder
of the dwelling or home, by first class mail with certificate of mailing or by
any other method allowed by ORS 90.150 (2) and (3). A landlord is not liable to
a tenant for any damages incurred by the tenant as a result of the landlord
giving a copy of the notice in good faith to a lienholder.
(12) When a tenant has
been given a notice for termination pursuant to this section and has
subsequently abandoned the dwelling or home as described in ORS 90.675, 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 (19) notwithstanding the expiration of the notice period provided by
this section for the tenant to correct the cause.
SECTION 34. 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 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) “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 in the records of
the Department of Consumer and Business Services pursuant to ORS 446.611 or on
a certificate of title issued by the Department of Transportation prior to May
1, 2005.
(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
receives possession of the premises from the sheriff following restitution
pursuant to ORS 105.161.
(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 must 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 must 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 must 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 (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 (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 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 the property 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 (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 must 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 may 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 30 days following
the date of the response, subject to subsection (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] section 27 or 29 of this
2007 Act.
(9) Except as provided
in subsections (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 (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 ownership of record of the personal property by complying with
the requirements of the appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a
newspaper of general circulation in the county in which the personal property
is located. The notice shall state:
(I) That
the personal property is abandoned;
(II) The tenant’s name;
(III) The address and
any space number where the personal property is located, and any plate,
registration or other identification number for a floating home noted on the
title, if actually known to the landlord;
(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 must
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 and assessments 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 (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 must 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.
(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 any, to the county tax collector to the extent of
any unpaid property taxes and assessments 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 landlord shall deposit the remaining proceeds
with the county treasurer of the county in which the sale occurred. If not
claimed within three years, the deposited proceeds revert to the general fund
of the county and are available for general purposes.
(14) The county tax
collector shall cancel all unpaid property taxes and assessments as provided
under ORS 311.790 only under one of the following circumstances:
(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 and assessments owed
on the personal property after distribution of the proceeds pursuant to subsection
(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 and assessments owed
on the personal property after distribution of the proceeds pursuant to
subsection (13) of this section; and
(D) The landlord
disposes of the personal property.
(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.
(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.
(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. 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.
(18) The provisions of
this section regarding the rights and responsibilities of a tenant to the
abandoned personal property also apply to any lienholder, except that the
lienholder may not sell or remove the dwelling or home unless:
(a) The lienholder has
foreclosed the lien on the manufactured dwelling or floating home;
(b) The tenant or a
personal representative or designated person described in subsection (20) of
this section has waived all rights under this section pursuant to subsection
(22) of this section; or
(c) The notice and
response periods provided by subsections (6) and (8) of this section have
expired.
(19)(a) Except as
provided by subsection (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 90.532, if limited to
charges for electricity, water, sewer service and natural gas and if incidental
to the storage of personal property. A storage charge may not be due more
frequently than monthly;
(B) The lienholder pay a
late charge or fee for failure to pay a storage charge by the date required in
the agreement, if the amount of the late charge is no greater than for late
charges imposed on facility tenants;
(C) The lienholder
maintain the personal property and the space on which the personal property is
stored in a manner consistent with the rights and obligations described in the
rental agreement that the landlord currently provides to tenants as required by
ORS 90.510 (4); and
(D) The lienholder
repair any defects in the physical condition of the personal property that
existed prior to the lienholder entering into the storage agreement, if the
defects and necessary repairs are reasonably described in the storage agreement
and, for homes that were first placed on the space within the previous 24
months, the repairs are reasonably consistent with facility standards in effect
at the time of placement. The lienholder shall have 90 days after entering into
the storage agreement to make the repairs. Failure to make the repairs within
the allotted time constitutes a violation of the storage agreement and the
landlord may terminate the agreement by giving at least 14 days’ written notice
to the lienholder stating facts sufficient to notify the lienholder of the
reason for termination. Unless the lienholder corrects the violation within the
notice period, the agreement terminates as provided and the landlord may sell
or dispose of the property without further notice to the lienholder.
(e) Notwithstanding
subsection (7)(b) of this section, a landlord may increase the storage charge
if the increase is part of a facility-wide rent increase for all facility tenants,
the increase is no greater than the increase for other tenants and the landlord
gives the lienholder written notice consistent with the requirements of ORS
90.600 (1).
(f) During the term of
an agreement described under this subsection, the lienholder has the right to
remove or sell the property, subject to the provisions of the lien. Selling the
property includes a sale to a purchaser who wishes to leave the property on the
rented space and become a tenant, subject to the provisions of ORS 90.680. The
landlord may condition approval for occupancy of any purchaser of the property
upon payment of all unpaid storage charges and maintenance costs.
(g)(A) Except as
provided in paragraph (d)(D) of this subsection, if
the lienholder violates the storage agreement, the landlord may terminate the
agreement by giving at least 90 days’ written notice to the lienholder stating
facts sufficient to notify the lienholder of the reason for the termination.
Unless the lienholder corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or dispose of the
property without further notice to the lienholder.
(B) After a landlord
gives a termination notice pursuant to subparagraph (A) of this paragraph for
failure of the lienholder to pay a storage charge and the lienholder corrects
the violation, if the lienholder again violates the storage agreement by
failing to pay a subsequent storage charge, the landlord may terminate the
agreement by giving at least 30 days’ written notice to the lienholder stating
facts sufficient to notify the lienholder of the reason for termination. Unless
the lienholder corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of the property
without further notice to the lienholder.
(C) A lienholder may
terminate a storage agreement at any time upon at least 14 days’ written notice
to the landlord and may remove the property from the facility if the lienholder
has paid all storage charges and other charges as provided in the agreement.
(h) Upon the failure of
a lienholder to enter into a storage agreement as provided by this subsection
or upon termination of an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the property, the landlord may sell or dispose
of the property pursuant to this section without further notice to the
lienholder.
(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 must 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 must refer to any personal representative or
designated person, instead of the deceased tenant, and must 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 (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 (19)(c) to (e) and (g)(C) of
this section applies, 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 has the right to remove or sell the property,
including a sale to a purchaser or a transfer to an heir or devisee where the
purchaser, heir or devisee wishes to leave the property on the rented space and
become a tenant, subject to the provisions of ORS 90.680. The landlord also may
condition approval for occupancy of any purchaser, heir or devisee of the
property upon payment of all unpaid storage charges and maintenance costs.
(g) If the
representative or person violates the storage agreement, the landlord may
terminate the agreement by giving at least 30 days’ written notice to the
representative or person stating facts sufficient to notify the representative
or person of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of the property
without further notice to the representative or person.
(h) Upon the failure of
a representative or person to enter into a storage agreement as provided by this
subsection or upon termination of an agreement, unless the parties otherwise
agree or the representative or person has sold or removed the property, the
landlord may sell or dispose of the property pursuant to this section without
further notice to the representative or person.
(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 must 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 must 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 must 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
must be consistent with this subsection;
(B) The notice must
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 (19) of this
section.
(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 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 (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.
(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 35. ORS 90.680 is amended to read:
90.680. (1) A landlord
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 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 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 submit to the landlord a complete and accurate
written application for occupancy of the dwelling or home as a tenant after the
sale is 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.
(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 shall
accept or reject the prospective purchaser’s application within 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 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 may 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 may not 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:
(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 impose conditions or terms on
the tenancy that are inconsistent with the terms and conditions of the seller’s
rental agreement only if the new tenant agrees in writing.
(8) A landlord 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 Housing 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 may 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] section 27 or 29 of this 2007 Act. A former tenant may not
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 36. ORS 105.120 is amended to read:
105.120. (1) As used in this section, “rent” does not include funds paid
under the
[(1)] (2) Except as provided in subsection [(2)] (3) of this section, an
action for the recovery of the possession of the premises may be maintained in
cases provided in ORS 105.115 (1)(b), when the notice to terminate the tenancy
or to quit has been served upon the tenant or person in possession in the manner
prescribed by ORS 91.110 and for the period prescribed by ORS 91.060 to 91.080
before the commencement of the action, unless the leasing or occupation is for
the purpose of farming or agriculture, in which case the notice must be served
for a period of 90 days before the commencement of the action. Any person
entering into the possession of real estate under written lease as the tenant
of another may, by the terms of the lease, waive the giving of any notice
required by this subsection.
[(2)] (3) An action for the recovery of the possession of a
dwelling unit to which ORS chapter 90 applies may be maintained in situations
described in ORS 105.115 (2) when the notice to terminate the tenancy or to
quit has been served by the tenant upon the landlord or by the landlord upon
the tenant or person in possession in the manner prescribed by ORS 90.155.
[(3)] (4) Except when a tenancy involves a dwelling unit
subject to ORS chapter 90, the service of a notice to quit upon a tenant or
person in possession does not authorize an action to be maintained against the
tenant or person in possession for the possession of premises before the
expiration of any period for which the tenant or person has paid the rent of
the premises in advance.
[(4)] (5) An action to recover possession of a dwelling unit
subject to ORS chapter 90 may not be brought or filed against a tenant or
person in possession based upon a notice under ORS 90.427 to terminate the
tenancy until after the expiration of any period for which the tenant or person
has paid the rent of the dwelling unit in advance, unless:
(a) The only other money
paid by the tenant was collected as a last month’s rent deposit as provided
under ORS 90.300; or
(b) The only unused rent
was paid by the tenant for a rental period extending beyond the termination
date specified in a valid outstanding notice to terminate the tenancy and the
landlord refunded the unused rent within six days after receipt by delivering
the unused rent to the tenant in person or by first class mailing.
SECTION 37. ORS 90.300 is amended to read:
90.300. (1) As used in this section, “security deposit” includes any
last month’s rent deposit.
(2) Except as otherwise
provided in this section, a landlord may require the payment of a security
deposit. A security deposit or prepaid rent shall be held by the landlord for
the tenant who is a party to the rental agreement. The claim of a tenant to the
security deposit or prepaid rent shall be prior to the claim of any creditor of
the landlord, including a trustee in bankruptcy. The holder of the landlord’s
interest in the premises at the time of termination of the tenancy is
responsible to the tenant for any security deposit or prepaid rent and is bound
by this section.
(3)(a) A landlord may
not change the rental agreement to require the payment of a new or increased
security deposit during the first year after the tenancy has begun, except that
an additional deposit may be required if the landlord and tenant agree to
modify the terms and conditions of the rental agreement to permit a pet or for
other cause and the additional deposit relates to that modification. This
paragraph does not prevent the collection of a security deposit that was
provided for under an initial rental agreement but remained unpaid at the time
the tenancy began.
(b) If a landlord
requires a new or increased security deposit after the first year of the
tenancy, the landlord shall allow the tenant at least three months to pay that
deposit.
(4) The landlord may
claim all or part of the security deposit only if the security deposit was made
for any or all of the purposes provided by subsection (5) of this section.
(5) The landlord may
claim from the security deposit only the amount reasonably necessary:
(a) To remedy the tenant’s
defaults in the performance of the rental agreement including, but not limited
to, unpaid rent; and
(b) To repair damages to
the premises caused by the tenant, not including ordinary wear and tear.
(6) A landlord may not
require that a security deposit or prepaid rent 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 must 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 90.394;
(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)]
(5)(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 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 (25) 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)
(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.
(15)(a) A security
deposit or prepaid rent in the possession of the landlord is not garnishable
property, as provided in ORS 18.618.
(b) If a security
deposit or prepaid rent is delivered to a garnishor in violation of ORS 18.618
(2), the landlord that delivered the security deposit or prepaid rent to the
garnishor shall allow the tenant at least 30 days after a copy of the garnishee
response required by ORS 18.680 is delivered to the tenant under ORS 18.690 to
restore the security deposit or prepaid rent. If the tenant fails to restore a
security deposit or prepaid rent under the provisions of this paragraph before
the tenancy terminates, and the landlord retains no security deposit or prepaid
rent from the tenant after the garnishment, the landlord is not required to
refund or account for the security deposit or prepaid rent under subsection (9)
of this section.
(16) This section does
not preclude the landlord or tenant from recovering other damages under this
chapter.
MANUFACTURED
MANAGEMENT TRAINING
SECTION 38. Section 2, chapter 619, Oregon Laws 2005, is
amended to read:
Sec.
2. (1) Every landlord of a facility shall register in writing with
the Housing and Community Services Department. The registration shall consist
of the following information:
(a) The name and
business mailing address of the landlord and of any person authorized to manage
the premises.
(b) The name of the
facility.
(c) The physical address
of the facility or, if different from the physical address, the mailing
address.
(d) A telephone number
of the facility.
(e) The total number of
spaces in the facility.
(2)(a) The landlord
of a new facility shall register with the department no later than 60 days
after the opening of the facility.
(b) A landlord shall notify the department in
writing of any change in the required registration information no later than 60
days after the change.
(3) The department shall
confirm receipt of a registration or a change in registration information.
(4) Notwithstanding
subsections (1) to (3) of this section, the department may provide for
registration, registration changes and confirmation of registration to be
accomplished by electronic means instead of in writing.
SECTION 39. Section 3, chapter 619, Oregon Laws 2005, is
amended to read:
Sec.
3. (1) At least one person for each facility who has authority to
manage the premises shall, every two years, complete six hours of continuing
education relating to the management of facilities. The following apply for a
person whose continuing education is required:
(a) If there is any
manager or owner who lives in the facility, the person completing the
continuing education must be a manager or owner who lives in the facility.
(b) If no manager or
owner lives in the facility, the person completing the continuing education
must be a manager who lives outside the facility or, if there is no manager, an
owner of the facility.
(c) [An] A manager or owner may
satisfy the continuing education requirement for more than one facility[,] if
those facilities do not have a manager or owner who lives in the facility [or a manager who lives outside the facility].
(2) If a person becomes
the facility manager or owner who is responsible for completing continuing
education, and the person does not have a current certificate of completion
issued under subsection (3) of this section, the person shall complete the
continuing education requirement by taking the next regularly scheduled continuing
education class or by taking a continuing education class held within 75 days.
(3) The Housing and
Community Services Department shall ensure that continuing education classes:
(a) Are offered at least
once every six months;
(b) Are taught by persons
approved by the department and affiliated with a statewide nonprofit trade
association that represents manufactured housing interests;
(c) Have at least
one-half of the class instruction on [the]
one or more provisions of ORS chapter 90, [and] ORS 105.105 to 105.168, [and related law, including but not limited to] fair housing law
or other law relating to landlords and tenants; [and]
(d) Provide a
certificate of completion to all attendees [and
a record of that completion to the department.]; and
(e) Provide the
department with the following information:
(A) The name of each
person who attends a class;
(B) The name of the
attendee’s facility;
(C) The city or county
in which the attendee’s facility is located;
(D) The date of the
class; and
(E) The names of the
persons who taught the class.
(4) The department, a
trade association or instructor is not responsible for the conduct of a
landlord, manager, owner or other person attending a continuing education class
under this section. This section does not create a cause of action against the
department, a trade association or instructor related to the continuing
education class.
(5) The [landlord] owner of a facility is
responsible for ensuring compliance with the continuing education requirements
in this section.
VACANT SPACES IN FACILITIES
SECTION 40. ORS 90.730 is amended to read:
90.730. (1) As used in this section, “facility common areas” means all
areas under control of the landlord and held out for the general use of
tenants.
[(1)] (2) A landlord who rents a space for a manufactured
dwelling or floating home shall at all times during the tenancy maintain the
rented space, vacant spaces in the facility and the facility common
areas in a habitable condition. The landlord does not have a duty to maintain a
dwelling or home. A landlord’s habitability duty under this section includes
only the matters described in subsections [(2)
and (3)] (3) to (5) of this section.
[(2)] (3) For purposes of this
section, a rented space is considered unhabitable if it substantially lacks:
(a) A sewage disposal
system and a connection to the space approved under applicable law at the time
of installation and maintained in good working order to the extent that the
sewage disposal system can be controlled by the landlord;
(b) If required by
applicable law, a drainage system reasonably capable of disposing of storm
water, ground water and subsurface water, approved under applicable law at the
time of installation and maintained in good working order;
(c) A water supply and a
connection to the space approved under applicable law at the time of
installation and maintained so as to provide safe drinking water and to be in
good working order to the extent that the water supply system can be controlled
by the landlord;
(d) An electrical supply
and a connection to the space approved under applicable law at the time of
installation and maintained in good working order to the extent that the
electrical supply system can be controlled by the landlord;
(e) At the time of commencement
of the rental agreement, buildings, grounds and appurtenances that are kept in
every part safe for normal and reasonably foreseeable uses, clean, sanitary and
free from all accumulations of debris, filth, rubbish, garbage, rodents and
vermin;
(f) Except as otherwise
provided by local ordinance or by written agreement between the landlord and
the tenant, an adequate number of appropriate receptacles for garbage and
rubbish in clean condition and good repair at the time of commencement of the
rental agreement, and for which the landlord shall provide and maintain
appropriate serviceable receptacles thereafter and arrange for their removal;
and
(g) Completion of any
landlord-provided space improvements, including but not limited to installation
of carports, garages, driveways and sidewalks, approved under applicable law at
the time of installation.
(4) A vacant space in
a facility is considered unhabitable if the space substantially lacks safety
from the hazards of fire or injury.
[(3)(a) For purposes of this section, “facility
common areas” means all areas under control of the landlord and held out for
the general use of tenants.]
[(b)] (5) A facility common area is
considered unhabitable if it substantially lacks:
[(A)] (a) Buildings, grounds and appurtenances that are kept
in every part safe for normal and reasonably foreseeable uses, clean, sanitary
and free from all accumulations of debris, filth, rubbish, garbage, rodents and
vermin;
[(B)] (b) Safety from the hazards of fire; and
[(C)] (c) Trees, shrubbery and grass maintained in a safe
manner.
[(4)] (6) The landlord and tenant
may agree in writing that the tenant is to perform specified repairs,
maintenance tasks and minor remodeling only if:
(a) The agreement of the
parties is entered into in good faith and not for the purpose of evading the
obligations of the landlord;
(b) The agreement does
not diminish the obligations of the landlord to other tenants on the premises;
and
(c) The terms and
conditions of the agreement are clearly and fairly disclosed and adequate
consideration for the agreement is specifically stated.
FACILITY LANDLORD UNFAIR
TRADE PRACTICES
SECTION 41. Section 13, chapter 658, Oregon Laws 2003, is
amended to read:
Sec.
13. The amendments to ORS 646.605 by section 12 [of this 2003 Act], chapter 658,
SECTION 42. Section 14, chapter 658, Oregon Laws 2003, is
amended to read:
Sec.
14. Section 2 [of this 2003
Act], chapter 658,
TENANT ASSISTANCE
SECTION 43. ORS 446.525 is amended to read:
446.525. (1) A special assessment is levied annually upon each
manufactured dwelling that is assessed for ad valorem property tax purposes as
personal property. The amount of the assessment is $6.
(2) [On or before July 15, 1990, and] On or before July 15 of each year [thereafter], the county assessor shall determine and list the
manufactured dwellings in the county that are assessed for the current
assessment year as personal property. Upon making a determination and list, the
county assessor shall cause the special assessment levied under subsection (1)
of this section to be entered on the general assessment and tax roll prepared
for the current assessment year as a charge against each manufactured dwelling
so listed. Upon entry, the special assessment shall become a lien, be assessed
and be collected in the same manner and with the same interest, penalty and
cost charges as apply to ad valorem property taxes in this state.
(3) Any amounts of
special assessment collected pursuant to subsection (2) of this section shall
be deposited in the county treasury, shall be paid over by the county treasurer
to the State Treasury and shall be credited to the Mobile Home Parks Account to
be used exclusively for carrying out ORS 446.380, 446.385, 446.392 and
446.543 and implementing the policies described in ORS 446.515.
(4) In lieu of the
procedures under subsection (2) of this section, the Director of the Housing
and Community Services Department may make a direct billing of the special
assessment to the owners of manufactured dwellings and receive payment of the
special assessment from those owners. In the event that under the billing
procedures any owner fails to make payment, the unpaid special assessment shall
become a lien against the manufactured dwelling and may be collected under
contract or other agreement by a collection agency[,] or may be collected under ORS
293.250, or the lien may be foreclosed by suit as provided under ORS chapter 88
or as provided under ORS 87.272 to 87.306. Upon collection under this
subsection, the amounts of special assessment shall be deposited in the State
Treasury and shall be credited to the Mobile Home Parks Account to be used
exclusively for carrying out ORS 446.380, 446.385, 446.392 and 446.543 and
implementing the policies described in ORS 446.515.
CAPTIONS
SECTION 44. The unit captions used in this 2007 Act are
provided only for the convenience of the reader and do not become part of the
statutory law of this state or express any legislative intent in the enactment
of this 2007 Act.
EFFECTIVE DATE
SECTION 45. This 2007 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fourth Legislative Assembly
adjourns sine die.
Approved by the Governor August 6, 2007
Filed in the office of Secretary of State August 7, 2007
Effective date September 27, 2007
__________