74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 561
Sponsored by COMMITTEE ON COMMERCE (at the request of Landlord
Tenant Coalition)
CHAPTER ................
AN ACT
Relating to landlord-tenant law; creating new provisions; and
amending ORS 90.100, 90.365, 90.453, 90.456, 90.459, 105.123,
105.124, 105.137, 105.138, 105.146 and 105.148.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2007 Act are added to
and made a part of ORS 90.100 to 90.459. + }
SECTION 2. { + (1) As used in this section, 'minor
habitability defect':
(a) Means a defect that may reasonably be repaired for not more
than $300, such as the repair of leaky plumbing, stopped up
toilets or faulty light switches.
(b) Does not mean the presence of mold, radon, asbestos or
lead-based paint.
(2) If, contrary to ORS 90.320, the landlord fails to repair a
minor habitability defect, the tenant may cause the repair of the
defect and deduct from the tenant's subsequent rent obligation
the actual and reasonable cost of the repair work, not to exceed
$300.
(3)(a) Prior to causing a repair under subsection (2) of this
section, the tenant shall give the landlord written notice:
(A) Describing the minor habitability defect; and
(B) Stating the tenant's intention to cause the repair of the
defect and deduct the cost of the repair from a subsequent rent
obligation if the landlord fails to make the repair by a
specified date.
(b) The specified date for repair contained in a written notice
given to a landlord under this subsection must be at least seven
days after the date the notice is given to the landlord.
(c) If the landlord fails to make the repair by the specified
date, the tenant may use the remedy provided by subsection (2) of
this section.
(d) Service or delivery of the required written notice shall be
made as provided under ORS 90.155.
(4)(a) Any repair work performed under this section must be
performed in a workmanlike manner and be in compliance with state
statutes, local ordinances and the state building code.
(b) The landlord may specify the people to perform the repair
work if the landlord's specifications are reasonable and do not
diminish the tenant's rights under this section.
(c) The tenant may not perform work to repair the defect.
Enrolled Senate Bill 561 (SB 561-A) Page 1
(d) To deduct the repair cost from the rent, the tenant must
provide to the landlord a written statement, prepared by the
person who made the repair, showing the actual cost of the
repair.
(5) A tenant may not cause the repair of a defect under this
section if:
(a) Within the time specified in the notice, the landlord
substantially repairs the defect;
(b) After the time specified in the notice, but before the
tenant causes the repair to be made, the landlord substantially
repairs the defect;
(c) The tenant has prevented the landlord from making the
repair;
(d) The defect was caused by a deliberate or negligent act or
omission of the tenant or of a person on the premises with the
tenant's consent;
(e) The tenant knew of the defect for more than six months
before giving notice under this section; or
(f) The tenant has previously used the remedy provided by this
section for the same occurrence of the defect.
(6) If the tenant proceeds under this section, the tenant may
not proceed under ORS 90.360 (1) as to that breach, but may use
any other available remedy in addition to the remedy provided by
this section. + }
SECTION 3. { + (1) If a tenant perpetrates a criminal act of
physical violence related to domestic violence, sexual assault or
stalking against a household member who is a tenant, after
delivery of at least 24 hours' written notice specifying the act
or omission constituting the cause and specifying the date and
time of the termination, the landlord may:
(a) Terminate the rental agreement of the perpetrating tenant,
but may not terminate the rental agreement of the other tenants;
and
(b) If the perpetrator of the criminal act of physical violence
related to domestic violence, sexual assault or stalking
continues to occupy the premises after the termination date and
time specified in the notice, seek a court order under section 6
of this 2007 Act to remove the perpetrator from the premises and
terminate the perpetrator's tenancy without seeking a return of
possession from the remaining tenants.
(2) A landlord that terminates the tenancy of a perpetrator
under this section may not require the remaining tenants to pay
additional rent or an additional deposit or fee due to exclusion
of the perpetrator.
(3) The perpetrator is jointly liable with any other tenants of
the dwelling unit for rent or damages to the premises incurred
prior to the later of the date the perpetrator vacates the
premises or the termination date specified in the notice.
(4) The landlord's burden of proof in a removal action sought
under this section is by a preponderance of the evidence. + }
SECTION 4. { + (1) A landlord may not terminate or fail to
renew a tenancy or refuse to enter into a rental agreement:
(a) Because a tenant or applicant is, or has been, a victim of
domestic violence, sexual assault or stalking.
(b) Because of a violation of the rental agreement or a
provision of this chapter, if the violation consists of an
incident of domestic violence, sexual assault or stalking
committed against the tenant or applicant.
(c) Because of criminal activity relating to domestic violence,
sexual assault or stalking in which the tenant or applicant is
Enrolled Senate Bill 561 (SB 561-A) Page 2
the victim, or of any police or emergency response related to
domestic violence, sexual assault or stalking in which the tenant
or applicant is the victim.
(2) A landlord may not impose different rules, conditions or
standards or selectively enforce rules, conditions or standards
against a tenant or applicant on the basis that the tenant or
applicant is or has been a victim of domestic violence, sexual
assault or stalking.
(3) Notwithstanding subsections (1) and (2) of this section, a
landlord may terminate the tenancy of a victim of domestic
violence, sexual assault or stalking if the landlord has
previously given the tenant a written warning regarding the
conduct of the perpetrator relating to domestic violence, sexual
assault or stalking and:
(a) The tenant permits or consents to the perpetrator's
presence on the premises and the perpetrator is an actual and
imminent threat to the safety of persons on the premises other
than the victim; or
(b) The perpetrator is an unauthorized occupant and the tenant
permits or consents to the perpetrator living in the dwelling
unit without the permission of the landlord.
(4) If a landlord violates this section:
(a) A tenant or applicant may recover up to two months'
periodic rent or twice the actual damages sustained by the tenant
or applicant, whichever is greater;
(b) The tenant has a defense to an action for possession by the
landlord; and
(c) The applicant may obtain injunctive relief to gain
possession of the dwelling unit.
(5) Notwithstanding ORS 105.137 (4), if a tenant asserts a
successful defense under subsection (4) of this section to an
action for possession, the tenant is not entitled to prevailing
party fees, attorney fees or costs and disbursements if the
landlord:
(a) Did not know, and did not have reasonable cause to know, at
the time of commencing the action that a violation or incident on
which the action was based was related to domestic violence,
sexual assault or stalking; and
(b) Promptly dismissed tenants other than the perpetrator from
the action upon becoming aware that the violation or incident on
which the action was based was related to domestic violence,
sexual assault or stalking. + }
SECTION 5. { + Section 6 of this 2007 Act is added to and made
a part of ORS 105.105 to 105.168. + }
SECTION 6. { + In an action for possession of a dwelling unit
to which ORS chapter 90 applies:
(1) If the defendant raises a defense under section 4 of this
2007 Act based upon the defendant's status as a victim of
domestic violence, sexual assault or stalking and the perpetrator
is a tenant of the dwelling unit, the court may issue an order
terminating the tenancy of the perpetrator and ordering the
perpetrator to vacate the dwelling unit without terminating the
tenancy of the other tenants and without awarding possession to
the plaintiff.
(2) If the action is based upon a notice terminating the
tenancy of a perpetrator under section 3 of this 2007 Act, the
court may issue an order upholding the termination of the
perpetrator's tenancy and ordering the perpetrator to vacate the
dwelling unit without the tenancy of the other tenants being
terminated and without awarding possession to the plaintiff.
Enrolled Senate Bill 561 (SB 561-A) Page 3
(3) If a court issues an order described in subsection (1) or
(2) of this section, the court may enter judgment in favor of the
plaintiff against the perpetrator. The plaintiff may enforce the
judgment against the perpetrator as provided in ORS 105.151, but
may not enforce the judgment against any other tenant of the
dwelling unit. The sheriff shall remove only the perpetrator from
the dwelling unit. The sheriff may not return possession of the
dwelling unit to the plaintiff. + }
SECTION 7. 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. - } { + means:
(a) Abuse between family or household members, as those terms
are defined in ORS 107.705; or
(b) Abuse, as defined in ORS 107.705, between partners in a
dating relationship. + }
(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
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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) 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.
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(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) 'Month-to-month tenancy' means a tenancy that
automatically renews and continues for successive monthly periods
on the same terms and conditions originally agreed to, or as
revised by the parties, until terminated by one or both of the
parties.
(25) 'Organization' includes a corporation, government,
governmental subdivision or agency, business trust, estate,
trust, partnership or association, two or more persons having a
joint or common interest, and any other legal or commercial
entity.
(26) 'Owner' includes a mortgagee in possession and means one
or more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to
present use and enjoyment of the premises.
(27) 'Person' includes an individual or organization.
(28) 'Premises' means:
(a) 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) 'Prepaid rent' means any payment of money to the landlord
for a rent obligation not yet due. In addition, 'prepaid rent'
means rent paid for a period extending beyond a termination date.
(30) 'Recreational vehicle' has the meaning given that term in
ORS 446.003.
(31) 'Rent' means any payment to be made to the landlord under
the rental agreement, periodic or otherwise, in exchange for the
right of a tenant and any permitted pet to occupy a dwelling unit
to the exclusion of others. 'Rent' does not include security
deposits, fees or utility or service charges as described in ORS
90.315 (4) and 90.532.
(32) 'Rental agreement' means all agreements, written or oral,
and valid rules and regulations adopted under ORS 90.262 or
90.510 (6) embodying the terms and conditions concerning the use
and occupancy of a dwelling unit and premises. 'Rental agreement'
includes a lease. A rental agreement shall be either a
week-to-week tenancy, month-to-month tenancy or fixed term
tenancy.
(33) 'Roomer' means a person occupying a dwelling unit that
does not include a toilet and either a bathtub or a shower and a
refrigerator, stove and kitchen, all provided by the landlord,
and where one or more of these facilities are used in common by
occupants in the structure.
(34) 'Screening or admission criteria' means a written
statement of any factors a landlord considers in deciding whether
to accept or reject an applicant and any qualifications required
for acceptance. 'Screening or admission criteria' includes, but
is not limited to, the rental history, character references,
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public records, criminal records, credit reports, credit
references and incomes or resources of the applicant.
(35) '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) 'Sexual assault' has the meaning given that term in ORS
147.450.
(37) '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) 'Stalking' means the behavior described in ORS 163.732.
(39) '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) '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) '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) 'Transient lodging' means a room or a suite of rooms.
(43) '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) '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) 'Victim' means { + : + } { - a person who is the subject
of domestic violence, sexual assault or stalking. - }
{ + (a) The person against whom an incident related to
domestic violence, sexual assault or stalking is perpetrated; or
(b) + } { - ' Victim' includes a - } { + The + } parent or
guardian of a minor
{ - who is the subject of domestic violence, sexual assault or
stalking - } { + household member against whom an incident
related to domestic violence, sexual assault or stalking is
perpetrated, unless the parent or guardian is the
perpetrator + }.
(46) 'Week-to-week tenancy' means a tenancy that has all of the
following characteristics:
Enrolled Senate Bill 561 (SB 561-A) Page 7
(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 8. ORS 90.365 is amended to read:
90.365. (1) If contrary to the rental agreement or ORS 90.320
or 90.730 the landlord intentionally or negligently fails to
supply any essential service, the tenant may give written notice
to the landlord specifying the breach and that the tenant may
seek substitute services, diminution in rent damages or
substitute housing. After allowing the landlord a reasonable time
and reasonable access under the circumstances to supply the
essential service, the tenant may:
(a) Procure reasonable amounts of the essential service during
the period of the landlord's noncompliance and deduct their
actual and reasonable cost from the rent;
(b) Recover damages based upon the diminution in the fair
rental value of the dwelling unit; or
(c) If the failure to supply an essential service makes the
dwelling unit unsafe or unfit to occupy, procure substitute
housing during the period of the landlord's noncompliance, in
which case the tenant is excused from paying rent for the period
of the landlord's noncompliance. In addition, the tenant may
recover as damages from the landlord the actual and reasonable
cost or fair and reasonable value of comparable substitute
housing in excess of the rent for the dwelling unit. For purposes
of this paragraph, substitute housing is comparable if it is of a
quality that is similar to or less than the quality of the
dwelling unit with regard to basic elements including cooking and
refrigeration services and, if warranted, upon consideration of
factors such as location in the same area as the dwelling unit,
the availability of substitute housing in the area and the
expense relative to the range of choices for substitute housing
in the area. A tenant may choose substitute housing of relatively
greater quality, but the tenant's damages shall be limited to the
cost or value of comparable substitute housing.
(2) If contrary to the rental agreement or ORS 90.320 or 90.730
the landlord fails to supply any essential service, the lack of
which poses an imminent and serious threat to the tenant's
health, safety or property, the tenant may give written notice to
the landlord specifying the breach and that the rental agreement
shall terminate in not less than 48 hours unless the breach is
remedied within that period. If the landlord adequately remedies
the breach before the end of the notice period, the rental
agreement shall not terminate by reason of the breach. As used in
this subsection { - and subsection (3) of this section - } ,
'imminent and serious threat to the tenant's health, safety or
property ' shall not include the presence of radon, asbestos or
lead-based paint or the future risk of flooding or seismic
hazard, as defined by ORS 455.447.
{ - (3)(a) If contrary to the rental agreement or ORS 90.320
or 90.730 the landlord intentionally or negligently fails to
supply any essential service, the tenant may give notice to the
landlord as provided in paragraph (b) of this subsection and may
cause to be done in a workmanlike manner the work necessary to
provide the essential service and, after submitting to the
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landlord receipts or an agreed upon itemized statement, deduct
from the rent the actual and reasonable cost or the fair and
reasonable value of the work not exceeding: - }
{ - (A) $1,000, if the lack of the essential service poses an
imminent and serious threat to the tenant's health, safety or
property and the work is performed by a licensed or registered
professional; or - }
{ - (B) $500, if the lack of the essential service is
significant but does not pose an imminent and serious threat to
the tenant's health, safety or property or if work is not
performed by a licensed or registered professional. - }
{ - (b) The notice required by this subsection shall specify
the breach and that the tenant may use the remedy specified in
paragraph (a) of this subsection if the landlord fails to supply
the essential service within the following periods: - }
{ - (A) If the lack of the essential service poses an
imminent and serious threat to the tenant's health, safety or
property, the notice shall be written or actual and shall be
given to the landlord at least 48 hours before the tenant causes
the necessary work to be done to supply the essential service. If
the notice is actual, the tenant shall also give the landlord
written notice as promptly after the actual notice as conditions
permit. - }
{ - (B) In all other cases, the notice shall be written and
given to the landlord at least: - }
{ - (i) Seventy-two hours before the tenant causes the
necessary work to be done to correct a substantial lack of a
cooking or refrigeration service; or - }
{ - (ii) Seven days before the tenant causes the necessary
work to be done to correct a substantial lack of any other
essential service. - }
{ - (c) A tenant who conducts repairs pursuant to this
subsection shall not be considered to be an employee of the
landlord. - }
{ - (d) The landlord and tenant may agree, at any time, to
allow the tenant to exceed the monetary limits of this subsection
when making reasonable repairs. The landlord may specify people
to do all work under this section if the tenant's rights under
this section are not diminished. - }
{ - (4) - } { + (3) + } For purposes of { - subsections
(1) and (3) - } { + subsection (1) + } of this section, a
landlord shall not be considered to be intentionally or
negligently failing to supply an essential service if:
(a) The landlord substantially supplies the essential service;
or
(b) The landlord is making a reasonable and good faith effort
to supply the essential service and the failure is due to
conditions beyond the landlord's control.
{ - (5) - } { + (4) + } This section { - shall not be
construed to - } { + does not + } require a landlord to supply
a cooking appliance or a refrigerator if the landlord did not
supply or agree to supply a cooking appliance or refrigerator to
the tenant.
{ - (6) - } { + (5) + } If the tenant proceeds under this
section, the tenant may not proceed under ORS 90.360 (1) as to
that breach.
{ - (7) - } { + (6) + } Rights of the tenant under this
section do not arise if the condition was caused by the
deliberate or negligent act or omission of the tenant or a person
on the premises with the tenant's consent.
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{ - (8) - } { + (7) + } Service or delivery of actual or
written notice shall be as provided by ORS 90.150 and 90.155,
including the addition of three days to the notice period if
written notice is delivered by first class mail.
{ - (9) - } { + (8) + } Any provisions of this section that
reasonably apply only to a structure that is used as a home,
residence or sleeping place { - shall - } { + does + } not
apply to a manufactured dwelling, recreational vehicle or
floating home if the tenant owns the manufactured dwelling,
recreational vehicle or floating home and rents the space.
SECTION 9. ORS 90.453 is amended to read:
90.453. (1) As used in this section { - , - } { + :
(a) 'Qualified third party' means a person that has had
individual contact with the tenant and is a law enforcement
officer, attorney or licensed health professional or is a
victim's advocate at a victim services provider.
(b) + } 'Verification' means:
{ - (a) - } { + (A) + } A copy of a valid order of
protection issued by a court pursuant to ORS 30.866, 107.095
(1)(c), 107.716, 107.718 { - , 124.015, 124.020 - } or 163.738
or any other { + federal, state, local or tribal + } court order
that restrains a person from contact with the tenant;
{ - (b) - } { + (B) + } A copy of a { + federal agency or
state, local or tribal + } police report regarding an act of
domestic violence, sexual assault or stalking against the tenant
{ - or a minor member of the tenant's household - } ;
{ - or - }
{ - (c) A statement by a law enforcement officer that the
tenant has reported to the officer that the tenant or a minor
member of the tenant's household is a victim of domestic
violence, sexual assault or stalking. - }
{ + (C) A copy of a conviction of any person for an act of
domestic violence, sexual assault or stalking against the tenant;
or
(D) A statement substantially in the form set forth in
subsection (3) of this section.
(c) 'Victim services provider' means:
(A) A nonprofit agency or program receiving moneys administered
by the Department of Human Services or the Department of Justice
that offers safety planning, counseling, support or advocacy to
victims of domestic violence, sexual assault or stalking; or
(B) A prosecution-based victim assistance program or unit. + }
(2) { + (a) + }If a tenant gives a landlord at least 14 days'
written notice, { - with verification that the tenant has been
the victim of domestic violence, sexual assault or stalking
within the 90 days preceding the date of the notice, - } and the
notice so requests, the landlord shall release the tenant from
the rental agreement.
{ + (b) + } The notice given by the tenant must specify the
release date.
{ + (c) The notice must be accompanied by verification that
the tenant:
(A) Is protected by a valid order of protection; or
(B) Has been the victim of domestic violence, sexual assault or
stalking within the 90 days preceding the date of the notice.
For purposes of this subparagraph, any time the perpetrator was
incarcerated or residing more than 100 miles from the victim's
home does not count as part of the 90-day period.
Enrolled Senate Bill 561 (SB 561-A) Page 10
(3) A verification statement must be signed by the tenant and
the qualified third party and be in substantially the following
form: + }
________________________________________________________________
{ +
QUALIFIED THIRD PARTY + }
{ +
VERIFICATION + }
_______________
{ + Name of qualified third party + }
_______________
{ + Name of tenant + }
{ + PART 1. STATEMENT BY TENANT + }
{ + I, _____ (Name of tenant), do hereby state as follows: + }
{ + (A) I or a minor member of my household have been a
victim of domestic violence, sexual assault or stalking, as those
terms are defined in ORS 90.100. + }
{ + (B) The most recent incident(s) that I rely on in support
of this statement occurred on the following date(s): ______. + }
{ + __ The time since the most recent incident took place is
less than 90 days; or + }
{ + __ The time since the most recent incident took place is
less than 90 days if periods when the perpetrator was
incarcerated or was living more than 100 miles from my home are
not counted. The perpetrator was incarcerated from ________ to
________. The perpetrator lived more than 100 miles from my home
from ________ to ________. + }
{ + (C) I hereby declare that the above statement is true to
the best of my knowledge and belief, and that I understand it is
made for use as evidence in court and is subject to penalty for
perjury. + }
_______________
{ + (Signature of tenant) + }
{ + Date: + } _____
{ + PART 2. STATEMENT BY QUALIFIED THIRD PARTY + }
{ + I, _____ (Name of qualified third party), do hereby verify
as follows: + }
{ + (A) I am a law enforcement officer, attorney or licensed
health professional or a victim's advocate with a victims
services provider, as defined in ORS 90.453. + }
{ + (B) My name, business address and business telephone are
as follows: + }
_______________
_______________
_______________
Enrolled Senate Bill 561 (SB 561-A) Page 11
{ + (C) The person who signed the statement above has
informed me that the person or a minor member of the person's
household is a victim of domestic violence, sexual assault or
stalking, based on incidents that occurred on the dates listed
above. + }
{ + (D) I reasonably believe the statement of the person
above that the person or a minor member of the person's household
is a victim of domestic violence, sexual assault or stalking, as
those terms are defined in ORS 90.100. I understand that the
person who made the statement may use this document as a basis
for gaining a release from the rental agreement with the person's
landlord. + }
{ + I hereby declare that the above statement is true to the
best of my knowledge and belief, and that I understand it is made
for use as evidence in court and is subject to penalty for
perjury. + }
_______________
{ + (Signature of qualified third party + }
{ + making this statement) + }
{ + Date: + } _____
________________________________________________________________
{ - (3) - } { + (4) + } A tenant who is released from a
rental agreement pursuant to subsection (2) of this section:
(a) Is not liable for rent or damages to the dwelling unit
incurred after the release date; and
(b) Is not subject to any fee solely because of termination of
the rental agreement.
{ - (4) - } { + (5) + } Notwithstanding the release from a
rental agreement of a tenant who is a victim { + of domestic
violence, sexual assault or stalking + }, any other tenant
remains subject to the rental agreement.
{ - (5) A verification statement by a law enforcement officer
must be in substantially the following form: - }
_________________________________________________________________
{ -
LAW ENFORCEMENT OFFICER - }
{ -
VERIFICATION - }
{ - _______________
Name of law enforcement officer - }
{ - _______________
Name of tenant - }
{ - PART 1. STATEMENT BY TENANT
I, _____ (Name of tenant), do hereby state as follows: - }
{ - (A) I or a minor member of my household have been abused,
sexually assaulted or stalked as described or defined by ORS
124.005, 135.230, 147.450 or 163.732. - }
{ - (B) The most recent incident(s) that I rely on in support
of this statement occurred on the following date(s): ______. - }
Enrolled Senate Bill 561 (SB 561-A) Page 12
{ - I make this statement in support of my request to be
released from my rental agreement. - }
{ - _______________ - }
{ - (Signature of tenant)
Date: _____ - }
{ - PART 2. STATEMENT BY LAW ENFORCEMENT OFFICER - }
{ - I, _____ (Name of law enforcement officer), do hereby
verify as follows: - }
{ - (A) I am a law enforcement officer. - }
{ - (B) My name, business address and business telephone are
as follows: - }
{ - _______________
_______________
_______________ - }
{ - I am employed by ________.
(Name and address of law enforcement agency) - }
{ - (C) I verify that the person who signed the statement
above has informed me that the person or a minor member of the
person's household is a victim of domestic violence, sexual
assault or stalking, based on incidents that occurred on the
dates listed above. - }
{ - (D) I reasonably believe the statement of the person
above that the person or a minor member of the person's household
is a victim of domestic violence, sexual assault or stalking. I
understand that the person who made the statement may use this
document as a basis for gaining a release from the rental
agreement with the person's landlord. - }
{ - _______________
(Signature of law enforcement officer
making this statement)
Date: _____ - }
_________________________________________________________________
{ + (6) A landlord may not disclose any information provided
by a tenant under this section to a third party unless the
disclosure is:
(a) Consented to in writing by the tenant;
(b) Required for use in an eviction proceeding;
(c) Made to a qualified third party; or
(d) Required by law.
(7) The provision of a verification statement under subsection
(2) of this section does not waive the confidential or privileged
nature of a communication between the victim of domestic
violence, sexual assault or stalking and a qualified third
party. + }
SECTION 10. ORS 90.456 is amended to read:
90.456. Notwithstanding the release of a victim { + of
domestic violence, sexual assault or stalking + } from a rental
agreement under ORS 90.453 or the exclusion of a perpetrator of
domestic violence, sexual assault or stalking as provided in ORS
90.459 { + or section 6 of this 2007 Act + }, if there are any
Enrolled Senate Bill 561 (SB 561-A) Page 13
remaining tenants of the dwelling unit, the tenancy shall
continue for those tenants. Any fee, security deposit or prepaid
rent paid by the victim, perpetrator or other tenants shall be
applied, accounted for or refunded by the landlord following
termination of the tenancy and delivery of possession by the
remaining tenants as provided in ORS 90.300 and 90.302.
SECTION 11. ORS 90.459 is amended to read:
90.459. (1) A tenant may give actual notice to the landlord
that the tenant is a victim of domestic violence, sexual assault
or stalking and may request that the locks to the dwelling unit
be changed. A tenant is not required to provide verification of
the domestic violence, sexual assault or stalking to initiate the
changing of the locks.
(2) A landlord who receives a request under subsection (1) of
this section shall promptly change the locks to the tenant's
dwelling unit at the tenant's expense or shall give the tenant
permission to change the locks. If a landlord fails to promptly
act, the tenant may change the locks without the landlord's
permission. If the tenant changes the locks, the tenant shall
give a key to the new locks to the landlord.
(3) If the perpetrator of the domestic violence, sexual assault
or stalking is a tenant in the same dwelling unit as the victim:
(a) Before the landlord or tenant changes the locks under this
section, the tenant must provide the landlord with a copy of an
order issued by a court pursuant to ORS 107.716 { - , - }
{ + or + } 107.718 { - , 124.015 or 124.020 - } { + or any
other federal, state, local or tribal court + } that orders the
perpetrator to move out of the dwelling unit.
(b) The landlord has no duty under the rental agreement or by
law to allow the perpetrator access to the dwelling unit or
provide keys to the perpetrator, during the term of the court
order or after expiration of the court order, or to provide the
perpetrator access to the perpetrator's personal property within
the dwelling unit. Notwithstanding ORS 90.425, 90.435 or 90.675,
if a landlord complies completely and in good faith with this
section, the landlord is not liable to a perpetrator excluded
from the dwelling unit.
(c) The perpetrator is jointly liable with any other tenant of
the dwelling unit for rent or damages to the dwelling unit
incurred prior to the date the perpetrator was excluded from the
dwelling unit.
(d) Except as provided in subsection (2) of this section, the
landlord may not require the tenant to pay additional rent or an
additional deposit or fee because of the exclusion of the
perpetrator.
{ + (e) The perpetrator's tenancy terminates by operation of
law upon an order described in paragraph (a) of this subsection
becoming a final order. + }
SECTION 12. ORS 105.123 is amended to read:
105.123. { - (1) - } In an action pursuant to ORS 105.110,
it is sufficient to state in the complaint:
{ - (a) - } { + (1) + } A description of the premises with
convenient certainty;
{ - (b) - } { + (2) + } That the defendant is in possession
of the premises;
{ - (c) - } { + (3) + } That, in the case of a dwelling
unit to which ORS chapter 90 does not apply, the defendant
entered upon the premises with force or unlawfully holds the
premises with force; and
Enrolled Senate Bill 561 (SB 561-A) Page 14
{ - (d) - } { + (4) + } That the plaintiff is entitled to
the possession of the premises.
{ - (2) The plaintiff may include, at the plaintiff's option,
the defendant's Social Security number in the complaint for the
purpose of accuracy in tenant screening information. This
subsection does not require a tenant to have a Social Security
number in order to enter into a rental agreement. - }
SECTION 13. ORS 105.124 is amended to read:
105.124. For a complaint described in ORS 105.123, if ORS
chapter 90 applies to the dwelling unit:
(1) The complaint must be in substantially the following form
and be available from the clerk of the court:
_________________________________________________________________
IN THE CIRCUIT COURT
FOR THE COUNTY OF
______
No. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
RESIDENTIAL EVICTION COMPLAINT
PLAINTIFF (Landlord or agent):
____________
____________
Address: _________
City: _________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
State: ______
Zip: ____
Telephone: ______
vs.
DEFENDANT (Tenants/Occupants):
____________
____________
MAILING ADDRESS: _______
City: _________
Enrolled Senate Bill 561 (SB 561-A) Page 15
State: ______
Zip: ____
Telephone: ______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
{ - Defendant's Social Security number _______ (Optional
information for purposes of identification.) - }
1.
Tenants are in possession of the dwelling unit, premises or
rental property described above or located at:
______________
2.
Landlord is entitled to possession of the property because of:
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__
24-hour notice for personal
injury, substantial damage, extremely
outrageous act or unlawful occupant.
ORS 90.396 or 90.403.
__
24-hour or 48-hour notice for
violation of a drug or alcohol
program. ORS 90.398.
{ +
__
24-hour notice for perpetrating
domestic violence, sexual assault or
stalking. Section 3 of this 2007 Act. + }
__
72-hour or 144-hour notice for
nonpayment of rent. ORS 90.394.
__
7-day notice with stated cause in
a week-to-week tenancy. ORS 90.392 (6).
__
10-day notice for a pet violation,
a repeat violation in a month-to-month
tenancy or without stated cause in a
week-to-week tenancy. ORS 90.392 (5),
90.405 or 90.427 (1).
__
20-day notice for a repeat violation.
ORS 90.630 (4).
__
30-day or 180-day notice without
stated cause in a month-to-month
tenancy. ORS 90.427 (2) or 90.429.
Enrolled Senate Bill 561 (SB 561-A) Page 16
__
30-day notice with stated cause.
ORS 90.392, 90.630 or 90.632.
__
Other notice ______
__
No notice (explain) ______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
A COPY OF THE NOTICE RELIED UPON, IF ANY, IS ATTACHED
3.
If the landlord uses an attorney, the case goes to trial and
the landlord wins in court, the landlord can collect attorney
fees from the defendant pursuant to ORS 90.255 and 105.137 (3).
Landlord requests judgment for possession of the premises,
court costs, disbursements and attorney fees.
I certify that the allegations and factual assertions in this
complaint are true to the best of my knowledge.
____________
Signature of landlord or agent.
_________________________________________________________________
(2) The complaint must be signed by the plaintiff or an
attorney representing the plaintiff as provided by ORCP 17, or
verified by an agent or employee of the plaintiff or an agent or
employee of an agent of the plaintiff.
(3) A copy of the notice relied upon, if any, must be attached
to the complaint.
SECTION 14. ORS 105.137 is amended to read:
105.137. In the case of a dwelling unit to which ORS chapter 90
applies:
(1) If the plaintiff appears and the defendant fails to appear
at the first appearance, a default judgment shall be entered in
favor of the plaintiff for possession of the premises and costs
and disbursements.
(2) If the defendant appears and the plaintiff fails to appear
at the first appearance, a default judgment shall be entered in
favor of the defendant dismissing the plaintiff's complaint and
awarding costs and disbursements.
(3) An attorney at law shall be entitled to appear on behalf of
any party, but { - no - } attorney fees may { + not + } be
awarded { + to the plaintiff + } if the defendant does not
contest the action.
{ + (4) If the plaintiff dismisses the action before the
first appearance, a judgment of dismissal shall be entered in
favor of the defendant dismissing the plaintiff's complaint and
awarding costs and disbursements. The defendant may not recover
attorney fees for prejudgment legal services provided after the
delivery of written notice of the dismissal by the plaintiff to
the defendant, or to an attorney for the defendant, in the manner
provided under ORS 90.155. + }
{ - (4) - } { + (5) + } The plaintiff or an agent of the
plaintiff may obtain a continuance of the action for as long as
the plaintiff or the agent of the plaintiff deems necessary to
obtain the services of an attorney at law.
Enrolled Senate Bill 561 (SB 561-A) Page 17
{ - (5) - } { + (6) + } If both parties appear in court on
the date contained in the summons, the court shall set the matter
for trial as soon as practicable, unless the court is advised by
the parties that the matter has been settled. The trial shall be
scheduled no later than 15 days from the date of such appearance.
If the matter is not tried within the 15-day period, and the
delay in trial is not attributable to the landlord, the court
shall order the defendant to pay rent that is accruing into
court, provided the court finds after hearing that entry of such
an order is just and equitable.
{ - (6)(a) - } { + (7)(a) + } The court shall permit an
unrepresented defendant to proceed to trial by directing the
defendant to file an answer in writing on a form which shall be
available from the court clerk, and to serve a copy upon the
plaintiff on the same day as first appearance.
(b) The answer shall be in substantially the following form:
_________________________________________________________________
IN THE ______
COURT FOR
THE COUNTY OF ________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Landlord), )
)
Plaintif)(s),
)
vs. ) No.__
)
(Tenant), )
)
Defendan)(s).
ANSWER
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I (we) deny that the plaintiff(s) is (are) entitled to
possession because:
_ The landlord did not make repairs.
List any repair problems: _____
________________
________________
_ The landlord is attempting to evict me (us) because of my (our)
complaints (or the eviction is otherwise retaliatory).
{ + _ The landlord is attempting to evict me because of my
status as a victim of domestic violence, sexual assault or
stalking.
+ } _ The eviction notice is wrong.
_ List any other defenses: ______
________________
________________
________________
________________
Enrolled Senate Bill 561 (SB 561-A) Page 18
I (we) may be entitled as the prevailing party to recover
attorney fees from plaintiff(s) if I (we) obtain legal services
to defend this action pursuant to ORS 90.255.
I (we) ask that the plaintiff(s) not be awarded possession of
the premises and that I (we) be awarded my (our) costs and
disbursements and attorney fees, if applicable, or a prevailing
party fee.
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_____
_________
Date Signature of defendant(s)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ - (7) - } { + (8) + } If an unrepresented defendant files
an answer as provided in subsection { - (6) - } { + (7) + }
of this section, the answer may not limit the defenses available
to the defendant at trial under ORS chapter 90. If such a
defendant seeks to assert at trial a defense not fairly raised by
the answer, the plaintiff shall be entitled to a reasonable
continuance for the purposes of preparing to meet the defense.
SECTION 15. ORS 105.138 is amended to read:
105.138. (1) Notwithstanding ORS 105.137 { - (5) - } { +
(6) + }, if a party to an action to which ORS 90.505 to 90.840
apply moves for an order compelling arbitration and abating the
proceedings, the court shall summarily determine whether the
controversy between the parties is subject to an arbitration
agreement enforceable under ORS 90.610 (2) and, if so, shall
issue an order compelling the parties to submit to arbitration in
accordance with the agreement and abating the action for not more
than 30 days, unless the parties agree to an order of abatement
for a longer period acceptable to the court.
(2) If the court issues an order compelling arbitration under
subsection (1) of this section, the court may not order the
payment of rent into court pending the arbitration unless the
court finds such an order is necessary to protect the rights of
the parties.
SECTION 16. ORS 105.146 is amended to read:
105.146. (1) In an action to recover possession of the
premises, if the court has entered an order by stipulation that
provides for the defendant to retain possession of the premises
contingent upon the defendant's performance or payment of moneys
by a certain date as provided under ORS 105.145 (2), and the
defendant fails to comply with the order, the plaintiff may
obtain and enforce a judgment of restitution of the premises
pursuant to this section and ORS 105.148 and 105.149.
(2) A plaintiff may obtain and enforce a judgment of
restitution based upon an order entered as provided under ORS
105.145 (2), provided the order includes only:
(a) Future performance or conduct as described in the order for
a period of not more than six months following entry of the
order;
Enrolled Senate Bill 561 (SB 561-A) Page 19
(b) Payment of past due rent and other past due amounts
pursuant to a schedule provided in the order for a period of not
more than six months following entry of the order;
(c) Payment of rent due for future rental periods that follow
entry of the order pursuant to a schedule provided in the order
for not more than the first three monthly rental periods
following entry of the order; and
(d) Payment of any costs, disbursements or attorney fees
pursuant to a schedule provided in the order.
(3) The order shall contain a statement providing that 12
months following the entry of the order, the court shall
automatically dismiss the order without further notice to either
the plaintiff or the defendant.
(4) If the defendant fails to comply with the order, the
plaintiff may file with the clerk of the court an affidavit
{ + or declaration + } of noncompliance describing how the
defendant has failed to comply. The plaintiff shall attach a copy
of the order to the affidavit { + or declaration + }. The
affidavit { + or declaration, + } or the order { + , + } must
include the terms of the underlying settlement agreement or
stipulation or have a copy of the agreement attached.
(5) Upon receipt of a plaintiff's affidavit { + or
declaration + }:
(a) The court shall enter a judgment of restitution; and
(b) The clerk shall issue a notice of restitution as provided
by ORS 105.151 and attach to the notice a copy of the plaintiff's
affidavit { + or declaration + } of noncompliance and any
attachments for service.
(6) The court shall establish a procedure that allows the
defendant to request a hearing on the plaintiff's affidavit
{ + or declaration + } of noncompliance and delay expiration of
the notice of restitution period or execution upon a judgment of
restitution pending the hearing.
(7) The court shall enter a judgment dismissing the plaintiff's
action in favor of the defendant without assessment of costs,
disbursements, prevailing party fee or attorney fees against
either party except as provided in the order and without further
notice to either party:
(a) Upon receipt of a writing signed by the plaintiff showing
compliance with or satisfaction of the order; or
(b) Twelve months following entry of the order, unless the
plaintiff has filed an affidavit { + or declaration + } of
noncompliance and the court has found in favor of the plaintiff
on the affidavit { + or declaration + }.
SECTION 17. ORS 105.148 is amended to read:
105.148. (1)(a) To contest a plaintiff's affidavit { + or
declaration + } of noncompliance under ORS 105.146 and delay
expiration of the notice of restitution period or execution upon
the judgment of restitution, a defendant shall file a request for
hearing with the clerk of the court. The request must be filed
prior to issuance by the clerk of a writ of execution of judgment
of restitution and must include a statement by the defendant
describing how the defendant complied with the order or
describing why the defendant should not be required to comply.
(b) A court may, as part of the procedure authorized by ORS
105.146 (6), require that a defendant submit a hearing request to
the court for ex parte review prior to the defendant's filing the
request with the clerk. If the court provides for ex parte
review, the ex parte review must be available every judicial day
for appearance by the defendant before the court within the time
Enrolled Senate Bill 561 (SB 561-A) Page 20
period between service of the notice of restitution and the date
of expiration of the notice of restitution. The notice of
restitution must include or have attached to it a description of
the requirements for appearing before the court for ex parte
review and a copy of the hearing request form. The court may not
require that the defendant notify the plaintiff of the
defendant's intention to appear before the court. If, after
hearing the defendant at the ex parte review, the court finds
that the reasons given by the defendant for opposing the
plaintiff's affidavit { + or declaration + } of noncompliance do
not relate to the issues listed in ORS 105.149 (2), the court
shall deny the request for a hearing.
(2) The clerk shall make available a document providing for a
request for hearing by a defendant. The document must be in
substantially the following form:
_________________________________________________________________
IN THE CIRCUIT COURT
FOR THE COUNTY OF
______
Defendant's Request for Hearing to
Contest an Affidavit { +
or Declaration + } of Noncompliance
Case No. ___
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Landlord or agent (Plaintiff):
____________
vs.
Tenant/Occupant (Defendant):
____________
Address of Property:
____________
____________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
1. My landlord has filed a statement with the court saying that
I have not complied with a court-approved agreement and that as a
result my landlord is entitled to possession of the property.
2. I deny the landlord is entitled to possession of the
property because (The reason must be one of the following. You
must check one or more of these responses and you must explain in
section 3.):
___ a. The landlord is wrong. As explained below, I did comply
with the agreement.
Enrolled Senate Bill 561 (SB 561-A) Page 21
___ b. Before I could comply with the agreement, the landlord
was supposed to do what is explained below, which the landlord
did not do.
___ c. The landlord and I changed the agreement and I complied
with the agreement as changed. The change we agreed to is
explained below.
___ d. The landlord prevented me from keeping the agreement.
The way the landlord did that is explained below.
___ e. The agreement was not made in good faith as required by
ORS 90.130. The lack of good faith is explained below.
___ f. The portion of the agreement described below was
unconscionable as described in ORS 90.135.
___ g. The landlord is required by law or contract to have good
cause to force me to move out and my alleged conduct or
performance does not meet the standard of good cause, as
explained below.
___ h. The landlord is claiming I did not pay rent for a period
of time following the date of the agreement. I did not pay that
rent because I have claims for money against the landlord to
offset the rent. Those claims arise from the landlord's violation
of the Residential Landlord and Tenant Act or the rental
agreement since the date of the court order and are explained
below.
3. Here is my explanation for the reason or reasons checked
above:
__________________
__________________
__________________
4. I understand that if I lose in court, I may be responsible
for the landlord's costs, disbursements, any attorney fees and a
prevailing party fee.
{ - I swear the above statements are true. - } { + I hereby
declare that the above statement is true to the best of my
knowledge and belief, and that I understand it is made for use as
evidence in court and is subject to penalty for perjury. + }
__________
(Signature of tenant)
{ + Date: + } _____
{ - Subscribed and sworn to before me this ___ day of ______,
2___. - }
{ - Trial court administrator / clerk / notary - }
{ - __________________ - }
_________________________________________________________________
{ + (3) As an alternative to the document described in
subsection (2) of this section, a defendant may request a hearing
by use of a notarized affidavit. + }
SECTION 18. { + Notwithstanding the amendments to ORS 105.124
by section 13 of this 2007 Act, prior to January 1, 2009, a clerk
of the court may use either the complaint form set forth in ORS
105.124 as published in the 2005 Edition of Oregon Revised
Statutes or the form set forth in ORS 105.124 as amended and in
effect on the effective date of this 2007 Act. + }
Enrolled Senate Bill 561 (SB 561-A) Page 22
----------
Passed by Senate May 4, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 4, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 561 (SB 561-A) Page 23
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 561 (SB 561-A) Page 24