75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 963
A-Engrossed
House Bill 2135
Ordered by the House February 17
Including House Amendments dated February 17
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires that rental agreement for dwelling unit contain
disclosure of smoking policy for premises on which dwelling unit
is located. { + Exempts from requirement rental agreements in
which owner of manufactured dwelling or floating home secures
right to locate dwelling or home on real property of another. + }
A BILL FOR AN ACT
Relating to residential rental property smoking policies;
creating new provisions; and amending ORS 90.220 and 90.427.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS 479.250 to 479.300. + }
SECTION 2. { + (1) Except as provided in subsection (2) of
this section, the rental agreement for a dwelling unit regulated
under ORS chapter 90 must include a disclosure of the smoking
policy for the premises on which the dwelling unit is located.
The disclosure must state whether smoking is prohibited on the
premises, allowed on the entire premises or allowed in limited
areas on the premises. If the smoking policy allows smoking in
limited areas on the premises, the disclosure must identify the
areas on the premises where smoking is allowed.
(2) This section does not apply to a rental agreement subject
to ORS 90.505 to 90.840 for space in a facility as defined in ORS
90.100. + }
SECTION 3. ORS 90.220 is amended to read:
90.220. (1) A landlord and a tenant may include in a rental
agreement terms and conditions not prohibited by this chapter or
other rule of law including rent, term of the agreement and other
provisions governing the rights and obligations of the parties.
(2) The terms of a fixed term tenancy, including the amount of
rent, may not be unilaterally amended by the landlord or tenant.
(3) The landlord shall provide the tenant with a copy of any
written rental agreement and all amendments and additions
thereto.
{ + (4) Except as provided in this subsection, the rental
agreement must include a disclosure of the smoking policy for the
premises that complies with section 2 of this 2009 Act. A
disclosure of smoking policy is not required in a rental
agreement subject to ORS 90.505 to 90.840 for space in a facility
as defined in ORS 90.100. + }
{ - (4) - } { + (5) + } Notwithstanding ORS 90.245 (1), the
parties to a rental agreement to which ORS 90.100 to 90.465 apply
may include in the rental agreement a provision for informal
dispute resolution.
{ - (5) - } { + (6) + } In absence of agreement, the tenant
shall pay as rent the fair rental value for the use and occupancy
of the dwelling unit.
{ - (6) - } { + (7) + } Except as otherwise provided by
this chapter:
(a) Rent is payable without demand or notice at the time and
place agreed upon by the parties. Unless otherwise agreed, rent
is payable at the dwelling unit, periodic rent is payable at the
beginning of any term of one month or less and otherwise in equal
monthly or weekly installments at the beginning of each month or
week, depending on whether the tenancy is month-to-month or
week-to-week. Rent may not be considered to be due prior to the
first day of each rental period. Rent may not be increased
without a 30-day written notice thereof in the case of a
month-to-month tenancy or a seven-day written notice thereof in
the case of a week-to-week tenancy.
(b) If a rental agreement does not create a week-to-week
tenancy, as defined in ORS 90.100, or a fixed term tenancy, the
tenancy shall be a month-to-month tenancy.
{ - (7) - } { + (8) + } Except as provided by ORS 90.427
(4), a tenant is responsible for payment of rent until the
earlier of:
(a) The date that a notice terminating the tenancy expires;
(b) The date that the tenancy terminates by its own terms;
(c) The date that the tenancy terminates by surrender;
(d) The date that the tenancy terminates as a result of the
landlord failing to use reasonable efforts to rent the dwelling
unit to a new tenant as provided under ORS 90.410 (3);
(e) The date when a new tenancy with a new tenant begins;
(f) Thirty days after delivery of possession without prior
notice of termination of a month-to-month tenancy; or
(g) Ten days after delivery of possession without prior notice
of termination of a week-to-week tenancy.
SECTION 4. ORS 90.427 is amended to read:
90.427. (1) The landlord or the tenant may terminate a
week-to-week tenancy by a written notice given to the other at
least 10 days before the termination date specified in the
notice.
(2) The landlord or the tenant may terminate a month-to-month
tenancy by giving to the other, at any time during the tenancy,
not less than 30 days' notice in writing prior to the date
designated in the notice for the termination of the tenancy.
(3) The tenancy shall terminate on the date designated and
without regard to the expiration of the period for which, by the
terms of the tenancy, rents are to be paid. Unless otherwise
agreed, rent is uniformly apportionable from day to day.
(4) If the tenant remains in possession without the landlord's
consent after expiration of the term of the rental agreement or
its termination, the landlord may bring an action for possession.
In addition, the landlord may recover from the tenant any actual
damages resulting from the tenant holding over, including the
value of any rent accruing from the expiration or termination of
the rental agreement until the landlord knows or should know that
the tenant has relinquished possession to the landlord. If the
landlord consents to the tenant's continued occupancy, ORS 90.220
{ - (6) - } { + (7) + } applies.
(5) Subsections (1) and (2) of this section shall not apply to
a month-to-month tenancy subject to ORS 90.429 or other tenancy
created by a rental agreement subject to ORS 90.505 to 90.840.
SECTION 5. { + Section 2 of this 2009 Act and the amendments
to ORS 90.220 by section 3 of this 2009 Act apply to rental
agreements that a tenant enters into on or after the effective
date of this 2009 Act. + }
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