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 2320
Senate Bill 771
Sponsored by Senator BONAMICI (at the request of General
Landlord-Tenant Coalition)
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 as
introduced.
Creates 60-day no-cause notice for terminating tenancy.
Specifies procedures for terminating various forms of tenancy.
Allows including explanation for termination of tenancy with
no-cause notice.
Allows landlords, tenants and guests of tenant to enter into
agreement for guest to become temporary occupant of premises.
Specifies agreement contents and rights of parties.
Specifies procedure for disposition of certain personal
property landlord presumes is abandoned due to death of tenant.
Requires landlord to disclose deposits, fees and rent before
entering into rental agreement or accepting payment. Regulates
assessment of fees. Prohibits landlord use of liquidated damages
provisions. Regulates charging of security deposits and claims
against security deposits.
A BILL FOR AN ACT
Relating to landlord-tenant law; creating new provisions; and
amending ORS 90.100, 90.220, 90.245, 90.300, 90.302, 90.425,
90.427, 90.429, 90.472, 90.475 and 105.124.
Be It Enacted by the People of the State of Oregon:
{ +
SIXTY-DAY NO-CAUSE NOTICE + }
SECTION 1. ORS 90.427 is amended to read:
90.427. (1) { + As used in this section, 'first year of
occupancy' includes all periods in which any of the tenants has
resided in the dwelling unit for one year or less.
(2) If a tenancy is a week-to-week tenancy, + } the landlord or
the tenant may terminate { - a week-to-week - } { + the + }
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) If a tenancy is a month-to-month tenancy:
(a) At any time during the tenancy, the tenant may terminate
the tenancy by giving the landlord notice in writing not less
than 30 days prior to the date designated in the notice for the
termination of the tenancy.
(b) During the first year of occupancy, the landlord may
terminate the tenancy by giving the tenant notice in writing not
less than 30 days prior to the date designated in the notice for
the termination of the tenancy.
(c) After the first year of occupancy, the landlord may
terminate the tenancy by giving the tenant notice in writing not
less than 60 days prior to the date designated in the notice for
the termination of the tenancy.
(4) If the tenancy is for a fixed term of at least one year and
by its terms becomes a month-to-month tenancy after the fixed
term:
(a) During the fixed term, notwithstanding subsection (3) of
this section, the landlord may terminate the tenancy by giving
the tenant notice in writing no earlier than 30 days prior to the
specified ending date for the fixed term and not less than 30
days prior to the date designated in the notice for the
termination of the tenancy.
(b) After the specified ending date for the fixed term, the
landlord may terminate the tenancy without cause only by giving
the tenant notice in writing not less than 60 days prior to the
date designated in the notice for the termination of the
tenancy. + }
{ - (3) - } { + (5) + } 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) - } { + (6) + } 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.
{ + (7)(a) A notice given to terminate a tenancy under
subsection (2) or (3) of this section need not state a reason for
the termination.
(b) Notwithstanding paragraph (a) of this subsection, a
landlord or tenant may include in a notice of termination given
under subsection (2) or (3) of this section an explanation of the
reason for the termination without having to prove the reason. An
explanation does not give the person receiving the notice of
termination a right to cure the reason if the notice states that:
(A) The notice is given without stated cause;
(B) The recipient of the notice does not have a right to cure
the reason for the termination; and
(C) The person giving the notice need not prove the reason for
the termination in a court action. + }
{ - (5) - } { + (8) + } Subsections { - (1) and (2) - }
{ + (2) to (4) + } of this section { - shall - } { + do + }
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 2. ORS 90.429 is amended to read:
90.429. { + (1) + } If a tenancy consists of rented space for
a manufactured dwelling or floating home that is owned by the
tenant, but the tenancy is not subject to ORS 90.505 to 90.840
because the space is not in a facility, the landlord may
terminate a month-to-month tenancy without a cause specified in
ORS 90.392, 90.394 or 90.396 only by delivering a written notice
of termination to the tenant not less than 180 days before the
termination date designated in that notice.
{ + (2)(a) A notice given to terminate a tenancy under
subsection (1) of this section need not state a reason for the
termination.
(b) Notwithstanding paragraph (a) of this subsection, a
landlord may include in a notice of termination given under
subsection (1) of this section an explanation of the reason for
the termination without having to prove the reason. An
explanation does not give the tenant a right to cure the reason
if the notice states that:
(A) The notice is given without stated cause;
(B) The tenant does not have a right to cure the reason for the
termination; and
(C) The landlord need not prove the reason for the termination
in a court action. + }
SECTION 3. 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: _________
State: ______
Zip: ____
Telephone: ______
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
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. ORS 90.445.
__
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) - }
{ +
(2) + }
.
__
20-day notice for a repeat violation.
ORS 90.630 (4).
__
30-day { +
, 60-day + }
or 180-day notice without
stated cause in a month-to-month
tenancy. ORS 90.427 { -
(2) - }
{ +
(3) or (4) + }
or 90.429.
__
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 4. { + The amendments to ORS 90.427 by section 1 of
this 2009 Act apply to month-to-month tenancies for which a
notice of termination is given on or after the effective date of
this 2009 Act and to fixed-term tenancies entered into on or
after the effective date of this 2009 Act. + }
{ +
TEMPORARY OCCUPANT AGREEMENT + }
SECTION 5. { + Section 6 of this 2009 Act is added to and made
a part of ORS 90.100 to 90.465. + }
SECTION 6. { + (1) A landlord may allow the guest of a tenant
to become a temporary occupant of the tenant's dwelling unit as
provided under this section. To create a temporary occupancy, the
landlord, tenant and proposed temporary occupant must enter into
a written temporary occupancy agreement that describes the
temporary occupancy relationship.
(2) Before entering into a temporary occupancy agreement, a
landlord may screen the proposed temporary occupant for issues
regarding conduct or for a criminal record. The landlord may not
screen the proposed temporary occupant for credit history or
income level.
(3) A temporary occupancy agreement shall expressly provide
that:
(a) The temporary occupant is not a tenant entitled to occupy
the dwelling unit to the exclusion of others;
(b) The temporary occupant does not have the rights of a
tenant;
(c) The tenant may terminate the temporary occupancy agreement
without cause at any time;
(d) The landlord may terminate the temporary occupancy only for
cause that is a material violation of the temporary occupancy
agreement; and
(e) The temporary occupant has no right to cure a violation
that causes a landlord to terminate the temporary occupancy
agreement.
(4) A temporary occupancy agreement may provide that the
temporary occupant is required to comply with any applicable
rules for the premises.
(5) A temporary occupancy agreement may have a specific ending
date. The landlord, tenant and temporary occupant may extend or
renew a temporary occupancy agreement or may enter into a new
temporary occupancy agreement.
(6) A landlord or tenant is not required to give the temporary
occupant written notice of the termination of a temporary
occupancy agreement.
(7) The temporary occupant shall promptly vacate the dwelling
unit if a landlord terminates a temporary occupancy for material
violation of the temporary occupancy agreement or if the
temporary occupancy agreement ends by its terms. Except as
provided in ORS 90.449, the landlord may terminate the tenancy of
the tenant as provided under ORS 90.392 or 90.630 if the
temporary occupant fails to promptly vacate the dwelling unit or
if the tenant materially violates the temporary occupancy
agreement.
(8) A temporary occupant shall be treated as a squatter if the
temporary occupant continues to occupy the dwelling unit after a
tenancy has ended or after the tenant revokes permission for the
occupancy by terminating the temporary occupancy agreement.
(9)(a) A landlord may not enter into a temporary occupancy
agreement for the purpose of evading landlord responsibilities
under this chapter or to diminish the rights of an applicant or
tenant under this chapter.
(b) A tenant may not become a temporary occupant in the
tenant's own dwelling unit.
(c) A tenancy may not consist solely of a temporary occupancy.
Each tenancy must have at least one tenant. + }
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' 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
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.
(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) 'Marina' means 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 charge or fee.
(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.
(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.
(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.
(29) 'Person' includes an individual or organization.
(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.
(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.
(32) 'Recreational vehicle' has the meaning given that term in
ORS 446.003.
(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.
(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.
(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.
(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.
(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.
(38) 'Sexual assault' has the meaning given that term in ORS
147.450.
(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) - } { + (6) + }.
(40) 'Stalking' means the behavior described in ORS 163.732.
(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.
(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.
(43) 'Tenant' { + :
(a) Except as provided in paragraph (b) of this subsection:
(A) + }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 - }
{ + (B) Means + } a minor, as defined and provided for in ORS
109.697. { - As used in ORS 90.505 to 90.840, 'tenant'
includes - }
{ + (b) For purposes of ORS 90.505 to 90.840, means + } 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.
{ + (c) Does not mean a guest or temporary occupant. + }
(44) 'Transient lodging' means a room or a suite of rooms.
(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.
(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.
(47) 'Victim' means:
(a) The person against whom an incident related to domestic
violence, sexual assault or stalking is perpetrated; or
(b) The parent or guardian of a minor household member against
whom an incident related to domestic violence, sexual assault or
stalking is perpetrated, unless the parent or guardian is the
perpetrator.
(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.
{ +
ABANDONED PROPERTY OF DECEASED TENANTS + }
SECTION 8. 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 90.412 or 90.417.
(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) - } { + (26) + } 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 - } { + is a + } 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) The following persons have the same rights and
responsibilities regarding the abandoned dwelling or home as a
tenant: + }
{ - (a) - } { + (A) + } Any personal representative named
in a will or appointed by a court to act for the deceased
tenant { + . + } { - or - }
{ + (B) + } 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 the personal property is other than a
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 personal property, this section applies
except as follows:
(a) The following persons have the same rights and
responsibilities regarding the abandoned personal property as a
tenant:
(A) An heir or devisee.
(B) Any personal representative named in a will or appointed by
a court to act for the deceased tenant.
(C) 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
heir, devisee, 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 heir, devisee, personal representative or designated
person, instead of the deceased tenant, and must incorporate the
provisions of this subsection.
(d) The landlord shall allow a person who is an heir, devisee,
personal representative or designated person of the tenant to
remove the personal property if the person contacts the landlord
within the period provided by subsection (6) of this section,
complies with the requirements of this section and provides the
landlord with reasonable evidence that the person is an heir,
devisee, personal representative or designated person of the
tenant. A landlord who allows removal of personal property under
this paragraph is not liable to any other person that may have a
claim or interest in the personal property. + }
{ - (21) - } { + (22) + } 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) - } { + (23)(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) - } { + (22) and (24) to (27) + } 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) - } { +
(22) and (24) to (27) + } 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) - } { + (22) and (24) to (27) + } 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) - } { + (24) + } 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) - } { + (25) + } 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) - } { + (26)(a) + } A landlord may sell or
dispose of a tenant's abandoned personal property without
complying with subsections (1) to { - (24) and (26) - } { +
(25) and (27) + } 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) { + or (21) + } 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) - } { + (27) + } Until personal property is
conclusively presumed to be abandoned under subsection (9) of
this section, a landlord does not have a lien pursuant to ORS
87.152 for storing the personal property.
SECTION 9. { + The amendments to ORS 90.425 by section 8 of
this 2009 Act apply to abandoned personal property for which the
landlord gives written notice to the tenant on or after the
effective date of this 2009 Act. + }
{ +
FEES + }
SECTION 10. 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) Before the landlord enters into a new rental
agreement with an applicant or accepts any payment from an
applicant, the landlord shall provide the applicant with a
written list of all deposits, fees and rent that are charged by
the landlord. The landlord and applicant may agree to amend the
written list before entering into the rental agreement. The list
may be included in the written rental agreement. The written
rental agreement must, at a minimum, include a description of the
fees that the landlord may charge. + }
{ - (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) - } { + (6) + }, 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 11. ORS 90.245 is amended to read:
90.245. (1) A rental agreement may not provide that the tenant:
(a) Agrees to waive or forgo rights or remedies under this
chapter;
(b) Authorizes any person to confess judgment on a claim
arising out of the rental agreement; { - or - }
(c) Agrees to the exculpation or limitation of any liability
arising as a result of the other party's willful misconduct or
negligence or to indemnify the other party for that liability or
costs connected therewith { + ; or
(d) Agrees to pay liquidated damages, except as allowed under
ORS 90.302 (2)(e) + }.
(2) A provision prohibited by subsection (1) of this section
included in a rental agreement is unenforceable. If a landlord
deliberately uses a rental agreement containing provisions known
by the landlord to be prohibited and attempts to enforce such
provisions, the tenant may recover in addition to the actual
damages of the tenant an amount up to three months' periodic
rent.
SECTION 12. 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. { + The landlord
shall provide a tenant with a receipt for any security deposit
paid by the tenant. + } 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 landlord may not charge a tenant a pet security
deposit for keeping a service animal or companion animal that a
tenant with a disability requires as a reasonable accommodation
under fair housing laws. + }
{ - (3)(a) - } { + (4)(a) Except as otherwise provided in
this subsection, + } 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 - } { + Subject to
subsection (3) of this section, + } 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) - } { + (5) + } 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) - }
{ + (6) + } of this section.
{ - (5) - } { + (6)(a) + } The landlord may claim from the
security deposit only the amount reasonably necessary:
{ - (a) - } { + (A) + } To remedy the tenant's defaults in
the performance of the rental agreement including, but not
limited to, unpaid rent; and
{ - (b) - } { + (B) + } To repair damages to the premises
caused by the tenant, not including ordinary wear and tear.
{ + (b) A landlord is not required to repair damage caused by
the tenant in order to claim against the deposit for the cost to
make the repair. Any labor costs assessed under this subsection
for cleaning or repairs must be based on a reasonable hourly
rate. The landlord may charge a reasonable hourly rate for the
performance of repair work by the landlord.
(c) Defaults and damages for which a landlord may recover under
this subsection include, but are not limited to:
(A) Carpet cleaning, other than the use of a common vacuum
cleaner, if:
(i) The cleaning is performed by use of a machine specifically
designed for cleaning or shampooing carpets;
(ii) The carpet was cleaned immediately prior to the tenant
taking possession; and
(iii) The written rental agreement provides that the landlord
may deduct the cost of carpet cleaning regardless of whether the
tenant cleans the carpet before delivering possession.
(B) Loss of use of the dwelling unit during the performance of
cleaning or necessary repairs, if the cleaning or repairs are
performed in a timely manner. + }
{ - (6) - } { + (7) + } 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) - } { + (8) + } 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) - } { + (9) + } Any portion of a last month's rent
deposit not applied as provided under subsection { - (7) - }
{ + (8) + } of this section shall be accounted for and refunded
as provided under subsections
{ - (10) to (12) - } { + (11) to (13) + } 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) - } { + (10) + } 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 (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) - } { + (11) + } 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) - } { + (12) + } The security deposit or prepaid
rent or portion thereof not claimed in the manner provided by
subsections { - (9) and - } (10) { + and (11) + } 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) - } { + (13) + } The landlord shall give the
written accounting as required by subsection { - (10) - } { +
(11) + } of this section or shall return the security deposit or
prepaid rent as required by subsection
{ - (11) - } { + (12) + } of this section by personal
delivery or by first class mail.
{ - (13) - } { + (14) + } 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) { + and (12) + } of this
section commences on the earliest of:
(a) Waiver of the abandoned property process under ORS 90.425
{ - (25) - } { + (26) + } or 90.675 (22);
(b) Removal of the manufactured dwelling or floating home from
the rented space;
(c) Destruction or other disposition of the manufactured
dwelling or floating home under ORS 90.425 (10)(b) or 90.675
(10)(b); or
(d) Sale of the manufactured dwelling or floating home pursuant
to ORS 90.425 (10)(a) or 90.675 (10)(a).
{ - (14) - } { + (15) + } If the landlord fails to comply
with subsection
{ - (11) - } { + (12) + } 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) - } { + (11) + } of this section; or
(b) Withheld in bad faith.
{ - (15)(a) - } { + (16)(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 (1)(b), 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) - } { +
(10) + } of this section.
{ - (16) - } { + (17) + } This section does not preclude
the landlord or tenant from recovering other damages under this
chapter.
SECTION 13. ORS 90.302 is amended to read:
90.302. { - (1) Except as specifically provided otherwise in
this chapter, A landlord may require the payment of a fee, if the
fee is related to and designated as being charged for a specific
reasonably anticipated landlord expense. A landlord shall provide
a receipt for the fee, and the receipt or a written rental
agreement shall describe the anticipated landlord expense to be
covered by the fee and describe the landlord's duties under
subsection (4) of this section. - }
{ - (2) Except as provided in subsection (3) of this section,
a landlord may not charge a fee more than once, at the beginning
of or during the tenancy. - }
{ - (3) A landlord may charge a fee more than once, at the
beginning of or during the tenancy, for: - }
{ + (1) A landlord may not require the payment of a fee
except as provided in this section. A fee must be described in a
written rental agreement.
(2) A landlord may charge a tenant a fee for each occurrence of
the following: + }
(a) A late rent payment, pursuant to ORS 90.260 { + . + }
{ - ; - }
(b) A dishonored check, pursuant to ORS 30.701 (5) { + . + }
{ - ; - } { + The amount of the fee may not exceed the amount
described in ORS 30.701 (5) plus any amount that a bank has
charged the landlord for processing the dishonored check. + }
(c) Removal or tampering with a properly functioning smoke
alarm or smoke detector, as provided in ORS 90.325 (7), if a
written rental agreement provides for a fee for that removal or
tampering { + . + } { - ; and - }
{ - (d) Any other noncompliance by the tenant with a written
rental agreement that provides for a fee for that noncompliance,
provided that the fee may not be excessive. - }
{ + (d) The violation of a written pet agreement or of a rule
relating to pets in a facility, pursuant to ORS 90.530.
(e) The abandonment or relinquishment of a dwelling unit during
a fixed term tenancy without cause. The fee may not exceed one
and one-half times the monthly rent. A landlord may not assess a
fee under this paragraph if the abandonment or relinquishment is
pursuant to ORS 90.453 (2), 90.472 or 90.475. If the landlord
assesses a fee under this paragraph:
(A) The landlord may not recover unpaid rent for any period of
the fixed term tenancy beyond the date that the landlord knew or
reasonably should have known of the abandonment or
relinquishment;
(B) The landlord may not recover damages related to the cost of
renting the dwelling unit to a new tenant; and
(C) ORS 90.410 (3) does not apply to the abandonment or
relinquishment.
(f) Noncompliance with written rules or policies. The fee may
not exceed $50. A fee may be assessed under this paragraph only
for the following types of noncompliance:
(A) The late payment of a utility or service charge that the
tenant owes the landlord as described in ORS 90.315.
(B) Failure to clean up pet waste from a part of the premises
other than the dwelling unit.
(C) Failure to clean up garbage, rubbish and other waste from a
part of the premises other than the dwelling unit.
(D) Parking violations.
(E) The improper use of vehicles within the premises. + }
{ - (4) - } { + (3) + } A landlord may not be required to
account for or return to the tenant any fee. { - Upon
termination of a tenancy and delivery of possession, a landlord
shall first apply any fee to the related landlord expense as
reasonably assessed against the tenant, before applying the
tenant's security deposit, if any, to that expense. - }
{ + (4) Except as provided in subsection (2)(e) of this
section, a landlord may not charge a tenant any form of
liquidated damages, however designated. + }
(5) Nonpayment of a fee 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).
(6) This section does not apply to { + :
(a) + } Attorney fees awarded pursuant to ORS 90.255 { + ; + }
{ - or to - }
{ + (b) + } Applicant screening charges paid pursuant to ORS
90.295 { + ;
(c) Charges assessed for repairs; or
(d) Charges for actions that are requested by the tenant and
are not required of the landlord by the rental agreement or by
law + }.
SECTION 14. ORS 90.472 is amended to read:
90.472. (1) As used in this section, 'state service member '
means a member of the organized militia who is called into active
service of the state by the Governor under ORS 399.065 (1) for 90
or more consecutive days.
(2) A tenant may terminate a rental agreement upon written
notice if the tenant provides the landlord with proof of official
orders showing that the tenant is a state service member.
(3) A termination of a rental agreement under this section is
effective the earlier of:
(a) Thirty days after the date the next rental payment is due;
or
(b) On the last day of the month after the month in which
written notice is given.
(4) Notwithstanding ORS { - 90.300 (5)(a), 90.302 (3)(d) - }
{ + 90.300 (6)(a)(A) + } and 90.430, a tenant who terminates a
lease under subsection (2) of this section is not:
(a) Subject to a penalty, fee, charge or loss of deposit
because of the termination; or
(b) Liable for any rent beyond the effective date of the
termination as determined under subsection (3) of this section.
SECTION 15. ORS 90.475 is amended to read:
90.475. (1) A tenant may terminate a rental agreement upon
written notice if the tenant provides the landlord with proof of
official orders showing that the tenant is:
(a) Enlisting for active service in the Armed Forces of the
United States;
(b) Serving as a member of a National Guard or other reserve
component or an active service component of the Armed Forces of
the United States and ordered to active service outside the area
for a period that will exceed 90 days;
(c) Terminating active service in the Armed Forces of the
United States; or
(d) A member of the Public Health Service of the United States
Department of Health and Human Services detailed by proper
authority for duty with the Army or Navy of the United States
and:
(A) Ordered to active service outside the area for a period
that will exceed 90 days; or
(B) Terminating the duty and moving outside the area within the
period that the member is entitled by federal law to the storage
or shipment of household goods.
(2) As used in subsection (1) of this section, 'Armed Forces of
the United States' means the Air Force, Army, Coast Guard, Marine
Corps or Navy of the United States.
(3) A termination of a rental agreement under this section is
effective on the earlier of:
(a) A date determined under the provisions of any applicable
federal law; or
(b) The later of:
(A) 30 days after delivery of the notice;
(B) 30 days before the earliest reporting date on orders for
active service;
(C) A date specified in the notice; or
(D) 90 days before the effective date of the orders if
terminating duty described under subsection (1)(d)(B) of this
section or terminating any active service described in this
section.
(4) Notwithstanding ORS { - 90.300 (5)(a), 90.302 (3)(d) - }
{ + 90.300 (6)(a)(A) + } and 90.430, a tenant who terminates a
lease under subsection (1) of this section is not:
(a) Subject to a penalty, fee, charge or loss of deposit
because of the termination; or
(b) Liable for any rent beyond the effective date of the
termination as determined under subsection (3) of this section.
SECTION 16. { + The amendments to ORS 90.300 and 90.302 by
sections 12 and 13 of this 2009 Act apply to fees and charges for
occurrences, abandonments, relinquishments and noncompliances
occurring on or after the effective date of this 2009 Act. + }
{ +
CAPTIONS + }
SECTION 17. { + The unit captions used in this 2009 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 2009 Act. + }
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