76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 293
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Consumer Protection and Public Affairs)
CHAPTER ................
AN ACT
Relating to landlord-tenant law; creating new provisions; and
amending ORS 86.755, 90.100, 90.220, 90.230, 90.295, 90.297,
90.300, 90.316, 90.317, 90.367, 90.385, 90.417, 90.425, 90.427,
90.449, 90.453, 90.456, 90.472, 90.475, 90.555, 90.634 and
105.836.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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. - }
{ - (5) - } { + (4) + } Except as provided in this
subsection, the rental agreement must include a disclosure of the
smoking policy for the premises that complies with ORS 479.305. 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.
{ - (6) - } { + (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.
{ - (7) - } { + (6) + } In absence of agreement, the tenant
shall pay as rent the fair rental value for the use and occupancy
of the dwelling unit.
Enrolled Senate Bill 293 (SB 293-A) Page 1
{ - (8) - } { + (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.
{ - (9) - } { + (8) + } Except as provided by ORS 90.427
(7), 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 1a. ORS 90.230 is amended to read:
90.230. (1) If a tenancy is for the occupancy of a recreational
vehicle in a manufactured dwelling park, mobile home park or
recreational vehicle park, all as defined in ORS 197.492, the
landlord shall provide a written rental agreement for a
month-to-month, week-to-week or fixed-term tenancy. The rental
agreement must state:
(a) If applicable, that the tenancy may be terminated by the
landlord under ORS 90.427 without cause upon 30 { + or 60 + }
days' written notice for a month-to-month tenancy or upon 10
days' written notice for a week-to-week tenancy.
(b) That any accessory building or structure paid for or
provided by the tenant belongs to the tenant and is subject to a
demand by the landlord that the tenant remove the building or
structure upon termination of the tenancy.
(c) That the tenancy is subject to the requirements of ORS
197.493 (1) for exemption from placement and occupancy
restrictions.
(2) If a tenant described in subsection (1) of this section
moves following termination of the tenancy by the landlord under
ORS 90.427, and the landlord failed to provide the required
written rental agreement before the beginning of the tenancy, the
tenant may recover the tenant's actual damages or twice the
periodic rent, whichever is greater.
(3) If the occupancy fails at any time to comply with the
requirements of ORS 197.493 (1) for exemption from placement and
occupancy restrictions, and a state agency or local government
requires the tenant to move as a result of the noncompliance, the
tenant may recover the tenant's actual damages or twice the
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periodic rent, whichever is greater. This subsection does not
apply if the noncompliance was caused by the tenant.
(4) This section does not apply to a vacation occupancy.
SECTION 2. ORS 90.295 is amended to read:
90.295. (1) A landlord may require payment of an applicant
screening charge solely to cover the costs of obtaining
information about an applicant as the landlord processes the
application for a rental agreement. This activity is known as
screening, and includes but is not limited to checking references
and obtaining a consumer credit report or tenant screening
report. The landlord must provide the applicant with a receipt
for any applicant screening charge.
(2) The amount of any applicant screening charge shall not be
greater than the landlord's average actual cost of screening
applicants. Actual costs may include the cost of using a tenant
screening company or a consumer credit reporting agency, and may
include the reasonable value of any time spent by the landlord or
the landlord's agents in otherwise obtaining information on
applicants. In any case, the applicant screening charge may not
be greater than the customary amount charged by tenant screening
companies or consumer credit reporting agencies for a comparable
level of screening.
(3) A landlord may not require payment of an applicant
screening charge unless prior to accepting the payment the
landlord:
(a) Adopts written screening or admission criteria;
(b) Gives written notice to the applicant of:
(A) The amount of the applicant screening charge;
(B) The landlord's screening or admission criteria;
(C) The process that the landlord typically will follow in
screening the applicant, including whether the landlord uses a
tenant screening company, credit reports, public records or
criminal records or contacts employers, landlords or other
references; and
(D) The applicant's rights to dispute the accuracy of any
information provided to the landlord by a screening company or
credit reporting agency; { - and - }
(c) Gives actual notice to the applicant of an estimate, made
to the best of the landlord's ability at that time, of the
approximate number of rental units of the type, and in the area,
sought by the applicant that are, or within a reasonable future
time will be, available to rent from that landlord. The estimate
shall include the approximate number of applications previously
accepted and remaining under consideration for those units. A
good faith error by a landlord in making an estimate under this
paragraph does not provide grounds for a claim under subsection
(8) of this section { + ; and
(d) Gives written notice to the applicant of the amount of rent
the landlord will charge and the deposits the landlord will
require, subject to change in the rent or deposits by agreement
of the landlord and the tenant before entering into a rental
agreement + }.
(4) Regardless of whether a landlord requires payment of an
applicant screening charge, if a landlord denies an application
for a rental agreement by an applicant and that denial is based
in whole or in part on a tenant screening company or consumer
credit reporting agency report on that applicant, the landlord
shall give the applicant actual notice of that fact at the same
time that the landlord notifies the applicant of the denial.
Unless written notice of the name and address of the screening
Enrolled Senate Bill 293 (SB 293-A) Page 3
company or credit reporting agency has previously been given, the
landlord shall promptly give written notice to the applicant of
the name and address of the company or agency that provided the
report upon which the denial is based.
(5) Except as provided in subsection (4) of this section, a
landlord need not disclose the results of an applicant screening
or report to an applicant, with respect to information that is
not required to be disclosed under the federal Fair Credit
Reporting Act. A landlord may give to an applicant a copy of that
applicant's consumer report, as defined in the Fair Credit
Reporting Act.
(6) Unless the applicant agrees otherwise in writing, a
landlord may not require payment of an applicant screening charge
when the landlord knows or should know that no rental units are
available at that time or will be available within a reasonable
future time.
(7) If a landlord requires payment of an applicant screening
charge but fills the vacant rental unit before screening the
applicant or does not conduct a screening of the applicant for
any reason, the landlord must refund the applicant screening
charge to the applicant within a reasonable time.
(8) The applicant may recover from the landlord { + twice + }
the amount of any applicant screening charge paid, plus
{ - $100 - } { + $150 + }, if:
(a) The landlord fails to comply with this section and does not
within a reasonable time accept the applicant's application for a
rental agreement; or
(b) The landlord does not conduct a screening of the applicant
for any reason and fails to refund an applicant screening charge
to the applicant within a reasonable time.
SECTION 3. ORS 90.297 is amended to read:
90.297. (1) Except as provided in ORS 90.295 and in this
section, a landlord may not charge a deposit or fee, however
designated, to an applicant who has applied to a landlord to
enter a rental agreement for a dwelling unit.
(2) A landlord may charge a deposit, however designated, to an
applicant for the purpose of securing the execution of a rental
agreement, after approving the applicant's application but prior
to entering into a rental agreement. The landlord must give the
applicant a written statement describing { + :
(a) The amount of rent and the fees the landlord will charge
and the deposits the landlord will require; and
(b) + } The terms of the agreement to execute a rental
agreement and the conditions for refunding or retaining the
deposit.
{ - (a) - } { + (3) + } If a rental agreement is executed,
the landlord shall either apply the deposit toward the moneys due
the landlord under the rental agreement or refund it immediately
to the tenant.
{ - (b) - } { + (4) + } If a rental agreement is not
executed due to a failure by the applicant to comply with the
agreement to execute, the landlord may retain the deposit.
{ - (c) - } { + (5) + } If a rental agreement is not
executed due to a failure by the landlord to comply with the
agreement to execute, within four days the landlord shall return
the deposit to the applicant either by making the deposit
available to the applicant at the landlord's customary place of
business or by mailing the deposit by first class mail to the
applicant.
Enrolled Senate Bill 293 (SB 293-A) Page 4
{ - (3) - } { + (6) + } If a landlord fails to comply with
this section, the applicant or tenant, as the case may be, may
recover from the landlord the amount of any fee or deposit
charged, plus { - $100 - } { + $150 + }.
SECTION 4. ORS 90.300, as amended by section 5, chapter 28,
Oregon Laws 2010, is amended to read:
90.300. (1) As used in this section, 'security deposit '
includes any last month's rent deposit.
(2)(a) Except as otherwise provided in this section, a landlord
may require a tenant to pay a security deposit. The landlord
shall provide the tenant with a receipt for any security deposit
the tenant pays. The landlord shall hold a security deposit or
prepaid rent for the tenant who is a party to the rental
agreement. A tenant's claim to the security deposit or prepaid
rent is prior to the claim of a creditor of the landlord,
including a trustee in bankruptcy.
(b) Except as provided in ORS 86.755 (8), the holder of the
landlord's interest in the premises at the time the tenancy
terminates is responsible to the tenant for any security deposit
or prepaid rent and is bound by this section.
{ + (3) A written rental agreement, if any, must list a
security deposit paid by a tenant or required by a landlord. + }
{ - (3) - } { + (4) + } 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.
{ - (4)(a) - } { + (5)(a) + } Except as otherwise provided
in this subsection, a landlord may not change the rental
agreement to require the tenant to pay a new or increased
security deposit during the first year after the tenancy has
begun. Subject to subsection { - (3) - } { + (4) + } of this
section, the landlord may require an additional deposit 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 the modification. This paragraph
does not prevent a landlord from collecting a security deposit
that an initial rental agreement provided for but that 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 the new or increased deposit.
{ - (5) - } { + (6) + } The landlord may claim all or part
of the security deposit only if the landlord required the
security deposit for any or all of the purposes specified in
subsection { - (6) - } { + (7) + } of this section.
{ - (6)(a) - } { + (7)(a) + } The landlord may claim from
the security deposit only the amount reasonably necessary:
(A) To remedy the tenant's defaults in the performance of the
rental agreement including, but not limited to, unpaid rent; and
(B) To repair damages to the premises caused by the tenant, not
including ordinary wear and tear.
(b) A landlord is not required to repair damage caused by the
tenant in order for the landlord to claim against the deposit for
the cost to make the repair. Any labor costs the landlord
assesses 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 landlord's own performance of
cleaning or repair work.
(c) Defaults and damages for which a landlord may recover under
this subsection include, but are not limited to:
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(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 before the tenant took
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 the tenant delivers possession as
described in ORS 90.147.
(B) Loss of use of the dwelling unit during the performance of
necessary cleaning or repairs, if the cleaning or repairs are
performed in a timely manner.
{ - (7) - } { + (8) + } A landlord may not require a tenant
to pay or to forfeit a security deposit or prepaid rent to the
landlord for the tenant's failure to maintain a tenancy for a
minimum number of months in a month-to-month tenancy.
{ - (8) - } { + (9) + } The landlord must apply any last
month's rent deposit to the rent due for the last month of the
tenancy:
(a) When either the landlord or the tenant gives to the other a
notice of termination, pursuant to this chapter, other than a
notice of termination under ORS 90.394;
(b) When the landlord and tenant agree to terminate the
tenancy; or
(c) When the tenancy terminates in accordance with the
provisions of a written rental agreement for a term tenancy.
{ - (9) - } { + (10) + } A landlord shall account for and
refund as provided in subsections { - (11) to (13) - }
{ + (12) to (14) + } of this section any portion of a last
month's rent deposit the landlord does not apply as provided
under subsection { - (8) - } { + (9) + } of this section.
Unless the tenant and landlord agree otherwise, the tenant may
not require the landlord to apply a last month's rent deposit to
rent due for any period other than the last month of the tenancy.
A last month's rent deposit does not limit the amount of rent
charged unless a written rental agreement provides otherwise.
{ - (10) - } { + (11) + } When the tenancy terminates, a
landlord shall account for and refund to the tenant, in the same
manner this section requires for security deposits, the unused
balance of any prepaid rent the landlord has not previously
refunded to the tenant under ORS 90.380 and 105.120 (5)(b) or any
other provision of this chapter. The landlord may claim from the
remaining prepaid rent only the amount reasonably necessary to
pay the tenant's unpaid rent.
{ - (11) - } { + (12) + } In order to claim all or part of
any prepaid rent or security deposit, within 31 days after the
tenancy terminates and the tenant delivers 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.
{ - (12) - } { + (13) + } The landlord shall return to the
tenant the security deposit or prepaid rent or the portion of the
security deposit or prepaid rent that the landlord does not claim
in the manner provided by subsections { - (10) and - } (11)
{ + and (12) + } of this section not later than 31 days after
the tenancy terminates and the tenant delivers possession to the
landlord.
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{ - (13) - } { + (14) + } The landlord shall give the
written accounting required under subsection { - (11) - }
{ + (12) + } of this section or shall return the security
deposit or prepaid rent as required by subsection { - (12) - }
{ + (13) + } of this section by personal delivery or by first
class mail.
{ - (14) - } { + (15) + } If a security deposit or prepaid
rent secures a tenancy for a space for a manufactured dwelling or
floating home the tenant owns and occupies, 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 { - (11) and - } (12) { + and (13) + } of this
section commences on the earliest of:
(a) Waiver of the abandoned property process under ORS 90.425
(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).
{ - (15) - } { + (16) + } If the landlord fails to comply
with subsection
{ - (12) - } { + (13) + } 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
{ - (11) - } { + (12) + } of this section; or
(b) Withheld in bad faith.
{ - (16)(a) - } { + (17)(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 landlord delivers a security deposit or prepaid rent
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 { - (10) - }
{ + (11) + } of this section.
{ - (17) - } { + (18) + } This section does not preclude
the landlord or tenant from recovering other damages under this
chapter.
SECTION 5. ORS 90.316 is amended to read:
90.316. { - (1) As used in this section, 'carbon monoxide
alarm' and 'carbon monoxide source' have the meanings given those
terms in ORS 105.836. - }
{ - (2) - } { + (1) Unless a dwelling unit contains one or
more properly functioning carbon monoxide alarms installed in
compliance with State Fire Marshal rules and with any applicable
requirements of the state building code when a tenant takes
possession of the dwelling unit, + }a landlord may not enter
Enrolled Senate Bill 293 (SB 293-A) Page 7
into a rental agreement creating a new tenancy in { - a
dwelling unit that - } { + the dwelling unit if the dwelling
unit:
(a) + } Contains a carbon monoxide source { - or that - }
{ + ; or
(b) + } Is { + located + } within a structure that contains a
carbon monoxide source { - unless, at the time the tenant takes
possession of the dwelling unit, the dwelling unit contains one
or more properly functioning carbon monoxide alarms installed in
compliance with State Fire Marshal rules and with any applicable
requirements of the state building code. - } { + and the
dwelling unit is connected to the room in which the carbon
monoxide source is located by a door, ductwork or a ventilation
shaft.
(2) + }The landlord shall provide a new tenant with alarm
testing instructions as described in ORS 90.317.
(3) If a carbon monoxide alarm is battery-operated or has a
battery-operated backup system, the landlord shall supply working
batteries for the alarm at the beginning of a new tenancy.
SECTION 6. { + ORS 90.317 is added to and made a part of ORS
chapter 90. + }
SECTION 7. ORS 90.317 is amended to read:
90.317. (1) { - If a rental dwelling unit that is subject to
ORS chapter 90 has a carbon monoxide source or is located within
a structure having a carbon monoxide source, the - } { + A + }
landlord shall ensure that { - the - } { + a + } dwelling
unit has one or more carbon monoxide alarms installed in
compliance with State Fire Marshal rules and the state building
code { + if the dwelling unit:
(a) Contains a carbon monoxide source; or
(b) Is located within a structure that contains a carbon
monoxide source and the dwelling unit is connected to the room in
which the carbon monoxide source is located by a door, ductwork
or a ventilation shaft + }.
{ + (2) + } The landlord shall provide the tenant of the
dwelling unit with a written notice containing instructions for
testing of the alarms. The landlord shall provide the written
notice to the tenant no later than at the time that the tenant
first takes possession of the premises.
{ - (2) - } { + (3) + } If the landlord receives written
notice from the tenant of a deficiency in a carbon monoxide
alarm, other than dead batteries, the landlord shall repair or
replace the alarm.
{ + (4) + } Supplying and maintaining a carbon monoxide alarm
required under this section is a habitable condition requirement
under ORS 90.320.
SECTION 7a. ORS 90.367 is amended to read:
90.367. { + (1) + } A tenant who receives actual notice that
the property that is the subject of the tenant's rental agreement
with a landlord is in foreclosure may apply the tenant's security
deposit or prepaid rent to the tenant's obligation to the
landlord. The tenant must notify the landlord in writing that the
tenant intends to do so. { + The giving of the notice provided
by this subsection by the tenant does not constitute a
termination of the tenancy.
(2) A landlord may not terminate the tenancy of a tenant:
(a) Because the tenant has applied the security deposit or
prepaid rent as allowed under this section.
(b) For nonpayment of rent during the month in which the tenant
applies the security deposit or prepaid rent pursuant to this
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section unless an unpaid balance remains due after applying all
payments, including the security deposit or prepaid rent, to the
rent.
(3) If the tenant has not provided the written notice applying
the security deposit or prepaid rent as required under subsection
(1) of this section before the landlord gives a termination
notice for nonpayment of rent, the tenant must provide the
written notice within the notice period provided by ORS 90.392 or
90.394. If the tenant does not provide the written notice, the
landlord may terminate the tenancy based upon ORS 90.392 or
90.394.
(4) Application of the security deposit or prepaid rent to an
obligation owed to the landlord does not constitute a partial
payment under ORS 90.417.
(5) If the landlord provides written evidence from a lender or
trustee that the property is no longer in foreclosure, the
landlord may require the tenant to restore the security deposit
or prepaid rent to the amount required prior to the tenant's
application of the security deposit or prepaid rent. The landlord
shall allow the tenant at least two months to restore the
security deposit or prepaid rent. + }
SECTION 8. ORS 90.385 is amended to read:
90.385. (1) Except as provided in this section, a landlord may
not retaliate by increasing rent or decreasing services, by
serving a notice to terminate the tenancy or by bringing or
threatening to bring an action for possession after:
(a) The tenant has complained to, or expressed to the landlord
in writing an intention to complain to, a governmental agency
charged with responsibility for enforcement of any of the
following concerning a violation applicable to the tenancy:
(A) A building, health or housing code materially affecting
health or safety;
(B) Laws or regulations concerning the delivery of mail; or
(C) Laws or regulations prohibiting discrimination in rental
housing;
(b) The tenant has made any complaint to the landlord that is
in good faith and related to the tenancy;
(c) The tenant has organized or become a member of a tenants'
union or similar organization;
(d) The tenant has testified against the landlord in any
judicial, administrative or legislative proceeding;
(e) The tenant successfully defended an action for possession
brought by the landlord within the previous six months except if
the tenant was successful in defending the action only because:
(A) The termination notice by the landlord was not served or
delivered in the manner required by ORS 90.155; or
(B) The period provided by the termination notice was less than
that required by the statute upon which the notice relied to
terminate the tenancy; or
(f) The tenant has performed or expressed intent to perform any
other act for the purpose of asserting, protecting or invoking
the protection of any right secured to tenants under any federal,
state or local law.
(2) As used in subsection (1) of this section, 'decreasing
services' includes:
(a) Unreasonably restricting the availability of or placing
unreasonable burdens on the use of common areas or facilities by
tenant associations or tenants meeting to establish a tenant
organization; and
Enrolled Senate Bill 293 (SB 293-A) Page 9
(b) Intentionally and unreasonably interfering with and
substantially impairing the enjoyment or use of the premises by
the tenant.
(3) If the landlord acts in violation of subsection (1) of this
section the tenant is entitled to the remedies provided in ORS
90.375 and has a defense in any retaliatory action against the
tenant for possession.
(4) Notwithstanding subsections (1) and (3) of this section, a
landlord may bring an action for possession if:
(a) The complaint by the tenant was made to the landlord or an
agent of the landlord in an unreasonable manner or at an
unreasonable time or was repeated in a manner having the effect
of unreasonably harassing the landlord. A determination whether
the manner, time or effect of a complaint was unreasonable shall
include consideration of all related circumstances preceding or
contemporaneous to the complaint;
(b) The violation of the applicable building or housing code
was caused primarily by lack of reasonable care by the tenant or
other person in the household of the tenant or upon the premises
with the consent of the tenant;
(c) The tenant { - is - } { + was + } in default in
rent { + at the time of the service of the notice upon which the
action is based + }; or
(d) Compliance with the applicable building or housing code
requires alteration, remodeling or demolition which would
effectively deprive the tenant of use of the dwelling unit.
(5) For purposes of this section, a complaint made by another
on behalf of a tenant is considered a complaint by the tenant.
(6) For the purposes of subsection (4)(c) of this section, a
tenant who has paid rent into court pursuant to ORS 90.370 shall
not be considered to be in default in rent.
(7) The maintenance of an action under subsection (4) of this
section does not release the landlord from liability under ORS
90.360 (2).
SECTION 8a. ORS 90.417 is amended to read:
90.417. (1) A tenant's duty regarding rent payments is to
tender to the landlord an offer of the full amount of rent owed
within the time allowed by law and by the rental agreement
provisions regarding payment. A landlord may refuse to accept a
rent tender that is for less than the full amount of rent owed or
that is untimely.
(2) A landlord may accept a partial payment of rent. The
acceptance of a partial payment of rent in a manner consistent
with subsection { - (3) - } { + (4) + } of this section does
not constitute a waiver under ORS 90.412 (2)(b) of the landlord's
right to terminate the tenancy under ORS 90.394 for nonpayment of
the balance of the rent owed.
(3) A landlord and tenant may by written agreement provide that
monthly rent shall be paid in regular installments of less than a
month pursuant to a schedule specified in the agreement.
Installment rent payments described in this subsection are not
partial payment of rent for purposes of this section.
(4) The acceptance of a partial payment of rent waives the
right of the landlord to terminate the tenant's rental agreement
under ORS 90.394 for nonpayment of rent unless:
(a)(A) The landlord accepted the partial payment of rent before
the landlord gave a nonpayment of rent termination notice under
ORS 90.394 based on the tenant's agreement to pay the balance by
a time certain and the tenant does not pay the balance of the
rent as agreed;
Enrolled Senate Bill 293 (SB 293-A) Page 10
(B) The landlord's notice of termination is served no earlier
than it would have been permitted under ORS 90.394 had no rent
been accepted; and
(C) The notice permits the tenant to avoid termination of the
tenancy for nonpayment of rent by paying the balance within 72
hours or 144 hours, as the case may be, or by any date to which
the parties agreed, whichever is later; or
(b) The landlord accepted a partial payment of rent after
giving a nonpayment of rent termination notice under ORS 90.394
and entered into a written agreement with the tenant that the
acceptance does not constitute waiver. The agreement may provide
that the landlord may terminate the rental agreement and take
possession as provided in ORS 105.105 to 105.168 without serving
a new notice under ORS 90.394 if the tenant fails to pay the
balance of the rent by a time certain.
{ + (5) Application of a tenant's security deposit or prepaid
rent to an obligation owed to a landlord in foreclosure under ORS
90.367 does not constitute a partial payment of rent. + }
{ - (5) - } { + (6) + }Notwithstanding any acceptance of a
partial payment of rent under subsection (4) of this section, the
tenant continues to owe the landlord the unpaid balance of the
rent.
SECTION 8b. 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
Enrolled Senate Bill 293 (SB 293-A) Page 11
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;
Enrolled Senate Bill 293 (SB 293-A) Page 12
(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
Enrolled Senate Bill 293 (SB 293-A) Page 13
(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
Enrolled Senate Bill 293 (SB 293-A) Page 14
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 - } { + $1,000 + } 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.
Enrolled Senate Bill 293 (SB 293-A) Page 15
(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.
Enrolled Senate Bill 293 (SB 293-A) Page 16
(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 (26) of this
section; or
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
Enrolled Senate Bill 293 (SB 293-A) Page 17
(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
Enrolled Senate Bill 293 (SB 293-A) Page 18
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 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) Any personal representative named in a will or appointed by
a court to act for the deceased tenant.
(B) Any person designated in writing by the tenant to be
contacted by the landlord in the event of the tenant's death.
(b) The notice required by subsection (3) of this section must
be:
(A) Sent by first class mail to the deceased tenant at the
premises; and
(B) Personally delivered or sent by first class mail to any
personal representative or designated person, if actually known
to the landlord.
(c) The notice described in subsection (5) of this section must
refer to any personal representative or designated person,
instead of the deceased tenant, and must incorporate the
provisions of this subsection.
(d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
Enrolled Senate Bill 293 (SB 293-A) Page 19
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.
Enrolled Senate Bill 293 (SB 293-A) Page 20
(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;
(B) Personally delivered or sent by first class mail to any
heir, devisee, personal representative or designated person, if
actually known to the landlord; and
(C) Sent by first class mail to the attention of an estate
administrator of the Department of State Lands.
(c) The notice described in subsection (5) of this section must
refer to the heir, devisee, personal representative, designated
person or estate administrator of the department, instead of the
deceased tenant, and must incorporate the provisions of this
subsection.
(d) The landlord shall allow a person that is an heir, devisee
or personal representative of the tenant, or an estate
administrator of the department, 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 or personal representative,
or an estate administrator of the department.
(e) If neither an heir, devisee nor personal representative of
the tenant, nor an estate administrator of the department,
contacts the landlord within the time period provided by
subsection (6) of this section, the landlord shall allow removal
of the personal property by the designated person of the tenant,
if the designated person contacts the landlord within that period
and complies with the requirements of this section and provides
the landlord with reasonable evidence that the person is the
designated person.
(f) A landlord who allows removal of personal property under
this subsection is not liable to another person that has a claim
or interest in the personal property.
(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:
Enrolled Senate Bill 293 (SB 293-A) Page 21
(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.
(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
(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 (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 (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
Enrolled Senate Bill 293 (SB 293-A) Page 22
property left on the portion of the premises that is unfit for
use.
(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.
(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.
(26)(a) A landlord may sell or dispose of a tenant's abandoned
personal property without complying with subsections (1) to (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.
(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. ORS 90.449 is amended to read:
90.449. (1) A landlord may not terminate or fail to renew a
tenancy { + , serve a notice to terminate a tenancy, bring or
threaten to bring an action for possession, increase rent,
decrease services + } or refuse to enter into a rental agreement:
(a) Because a tenant or applicant is, or has been, a victim of
domestic violence, sexual assault or stalking.
(b) Because of a violation of the rental agreement or a
provision of this chapter, if the violation consists of an
incident of domestic violence, sexual assault or stalking
committed against the tenant or applicant.
(c) Because of criminal activity relating to domestic violence,
sexual assault or stalking in which the tenant or applicant is
the victim, or of any police or emergency response related to
domestic violence, sexual assault or stalking in which the tenant
or applicant is the victim.
(2) A landlord may not impose different rules, conditions or
standards or selectively enforce rules, conditions or standards
against a tenant or applicant on the basis that the tenant or
applicant is or has been a victim of domestic violence, sexual
assault or stalking.
(3) Notwithstanding subsections (1) and (2) of this section, a
landlord may terminate the tenancy of a victim of domestic
violence, sexual assault or stalking if the landlord has
previously given the tenant a written warning regarding the
Enrolled Senate Bill 293 (SB 293-A) Page 23
conduct of the perpetrator relating to domestic violence, sexual
assault or stalking and:
(a) The tenant permits or consents to the perpetrator's
presence on the premises and the perpetrator is an actual and
imminent threat to the safety of persons on the premises other
than the victim; or
(b) The perpetrator is an unauthorized occupant and the tenant
permits or consents to the perpetrator living in the dwelling
unit without the permission of the landlord.
(4) If a landlord violates this section:
(a) A tenant or applicant may recover up to two months'
periodic rent or twice the actual damages sustained by the tenant
or applicant, whichever is greater;
(b) The tenant has a defense to an action for possession by the
landlord; and
(c) The applicant may obtain injunctive relief to gain
possession of the dwelling unit.
(5) Notwithstanding ORS 105.137 (4), if a tenant asserts a
successful defense under subsection (4) of this section to an
action for possession, the tenant is not entitled to prevailing
party fees, attorney fees or costs and disbursements if the
landlord:
(a) Did not know, and did not have reasonable cause to know, at
the time of commencing the action that a violation or incident on
which the action was based was related to domestic violence,
sexual assault or stalking; and
(b) Promptly dismissed tenants other than the perpetrator from
the action upon becoming aware that the violation or incident on
which the action was based was related to domestic violence,
sexual assault or stalking.
SECTION 9a. ORS 90.453 is amended to read:
90.453. (1) As used in this section:
{ + (a) 'Immediate family member' means, with regard to a
tenant who is a victim of domestic violence, sexual assault or
stalking, any of the following who is not a perpetrator of the
domestic violence, sexual assault or stalking against the tenant:
(A) An adult person related by blood, adoption, marriage or
domestic partnership, as defined in ORS 106.310, or as defined or
described in similar law in another jurisdiction;
(B) A cohabitant in an intimate relationship;
(C) An unmarried parent of a joint child; or
(D) A child, grandchild, foster child, ward or guardian of the
victim or of anyone listed in subparagraph (A), (B) or (C) of
this paragraph. + }
{ - (a) - } { + (b) + } 'Qualified third party' means a
person that has had individual contact with the tenant and is a
law enforcement officer, attorney or licensed health professional
or is a victim's advocate at a victim services provider.
{ - (b) - } { + (c) + } 'Verification' means:
(A) A copy of a valid order of protection issued by a court
pursuant to ORS 30.866, 107.095 (1)(c), 107.716, 107.718 or
163.738 or any other federal, state, local or tribal court order
that restrains a person from contact with the tenant;
(B) A copy of a federal agency or state, local or tribal police
report regarding an act of domestic violence, sexual assault or
stalking against the tenant;
(C) A copy of a conviction of any person for an act of domestic
violence, sexual assault or stalking against the tenant; or
(D) A statement substantially in the form set forth in
subsection (3) of this section.
Enrolled Senate Bill 293 (SB 293-A) Page 24
{ - (c) - } { + (d) + } 'Victim services provider' means:
(A) A nonprofit agency or program receiving moneys administered
by the Department of Human Services or the Department of Justice
that offers safety planning, counseling, support or advocacy to
victims of domestic violence, sexual assault or stalking; or
(B) A prosecution-based victim assistance program or unit.
(2)(a) If a tenant gives a landlord at least 14 days' written
notice, and the notice so requests, the landlord shall release
the tenant { + and any immediate family member of the tenant + }
from the rental agreement.
(b) The notice given by the tenant must specify the release
date { + and must list the names of any immediate family members
to be released in addition to the tenant + }.
(c) The notice must be accompanied by verification that the
tenant:
(A) Is protected by a valid order of protection; or
(B) Has been the victim of domestic violence, sexual assault or
stalking within the 90 days preceding the date of the notice.
For purposes of this subparagraph, any time the perpetrator was
incarcerated or residing more than 100 miles from the victim's
home does not count as part of the 90-day period.
(3) A verification statement must be signed by the tenant and
the qualified third party and be in substantially the following
form:
_________________________________________________________________
QUALIFIED THIRD PARTY
VERIFICATION
_______________
Name of qualified third party
_______________
Name of tenant
PART 1. STATEMENT BY TENANT
I, _____ (Name of tenant), do hereby state as follows:
(A) I or a minor member of my household have been a victim of
domestic violence, sexual assault or stalking, as those terms are
defined in ORS 90.100.
(B) The most recent incident(s) that I rely on in support of
this statement occurred on the following date(s): ______.
__ The time since the most recent incident took place is less
than 90 days; or
__ The time since the most recent incident took place is less
than 90 days if periods when the perpetrator was incarcerated or
was living more than 100 miles from my home are not counted. The
perpetrator was incarcerated from ________ to ________. The
perpetrator lived more than 100 miles from my home from _______
to _______.
(C) I hereby declare that the above statement is true to the
best of my knowledge and belief, and that I understand it is made
for use as evidence in court and is subject to penalty for
perjury.
Enrolled Senate Bill 293 (SB 293-A) Page 25
_______________
(Signature of tenant)
Date: _____
PART 2. STATEMENT BY QUALIFIED THIRD PARTY
I, _____ (Name of qualified third party), do hereby verify as
follows:
(A) I am a law enforcement officer, attorney or licensed health
professional or a victim's advocate with a victims services
provider, as defined in ORS 90.453.
(B) My name, business address and business telephone are as
follows:
_______________
_______________
_______________
(C) The person who signed the statement above has informed me
that the person or a minor member of the person's household is a
victim of domestic violence, sexual assault or stalking, based on
incidents that occurred on the dates listed above.
(D) I reasonably believe the statement of the person above that
the person or a minor member of the person's household is a
victim of domestic violence, sexual assault or stalking, as those
terms are defined in ORS 90.100. I understand that the person who
made the statement may use this document as a basis for gaining a
release from the rental agreement with the person's landlord.
I hereby declare that the above statement is true to the best
of my knowledge and belief, and that I understand it is made for
use as evidence in court and is subject to penalty for perjury.
_______________
(Signature of qualified third party
making this statement)
Date: _____
_________________________________________________________________
(4) A tenant { + and any immediate family member + } who is
released from a rental agreement pursuant to subsection (2) of
this section:
(a) Is not liable for rent or damages to the dwelling unit
incurred after the release date; and
(b) Is not subject to any fee solely because of termination of
the rental agreement.
(5) Notwithstanding the release from a rental agreement of a
tenant who is a victim of domestic violence, sexual assault or
stalking { - , any other tenant remains - } { + and any tenant
who is an immediate family member of that tenant, other tenants
remain + } subject to the rental agreement.
(6) A landlord may not disclose any information provided by a
tenant under this section to a third party unless the disclosure
is:
(a) Consented to in writing by the tenant;
(b) Required for use in an eviction proceeding;
(c) Made to a qualified third party; or
(d) Required by law.
Enrolled Senate Bill 293 (SB 293-A) Page 26
(7) The provision of a verification statement under subsection
(2) of this section does not waive the confidential or privileged
nature of a communication between the victim of domestic
violence, sexual assault or stalking and a qualified third party.
SECTION 9b. ORS 90.456 is amended to read:
90.456. Notwithstanding the release of a { + tenant who is
a + } victim of domestic violence, sexual assault or
stalking { + , and any immediate family members of that
tenant, + } from a rental agreement under ORS 90.453 or the
exclusion of a perpetrator of domestic violence, sexual assault
or stalking as provided in ORS 90.459 or 105.128, if there are
any remaining tenants of the dwelling unit, the tenancy shall
continue for those tenants. Any fee, security deposit or prepaid
rent paid by the victim, perpetrator or other tenants shall be
applied, accounted for or refunded by the landlord following
termination of the tenancy and delivery of possession by the
remaining tenants as provided in ORS 90.300 and 90.302.
SECTION 9c. { + ORS 105.117 is added to and made a part of ORS
chapter 91. + }
SECTION 10. ORS 86.755 is amended to read:
86.755. (1) The trustee shall hold the trustee's sale on the
date and at the time and place designated in the notice of sale,
which must be at a designated time after 9 a.m. and before 4
p.m., based on the standard of time set forth in ORS 187.110 and
at a designated place in the county or one of the counties where
the property is situated. The trustee may sell the property in
one parcel or in separate parcels and shall sell the parcel or
parcels at auction to the highest bidder for cash. Any person,
including the beneficiary under the trust deed, but excluding the
trustee, may bid at the trustee's sale. The attorney for the
trustee, or an agent that the trustee or the attorney designates,
may conduct the sale and act in the sale as the trustee's
auctioneer.
(2) The trustee or the attorney for the trustee, or an agent
that the trustee or the attorney conducting the sale designates,
may postpone the sale for one or more periods totaling not more
than 180 days from the original sale date, giving notice of each
adjournment by public proclamation made at the time and place set
for sale. The trustee, the attorney or an agent that the trustee
or the attorney designates may make the proclamation.
(3) The purchaser shall pay at the time of sale the price bid,
and, within 10 days following payment, the trustee shall execute
and deliver the trustee's deed to the purchaser.
(4) The trustee's deed shall convey to the purchaser the
interest in the property that the grantor had, or had the power
to convey, at the time the grantor executed the trust deed,
together with any interest the grantor or the grantor's
successors in interest acquire after the execution of the trust
deed.
(5)(a) The purchaser at the trustee's sale is entitled to
possession of the property on the 10th day after the sale. A
person that remains in possession after the 10th day under any
interest, except an interest prior to the trust deed or an
interest the grantor or a successor of the grantor created
voluntarily is a tenant at sufferance. The purchaser may obtain
possession of the property from a tenant at sufferance by
following the procedures set forth in ORS 105.105 to 105.168 or
other applicable judicial procedure.
(b) Except as provided in paragraph (c) of this subsection, at
any time after the trustee's sale the purchaser may follow the
Enrolled Senate Bill 293 (SB 293-A) Page 27
procedures set forth in ORS 105.105 to 105.168 or other
applicable judicial procedure to obtain possession of the
property from a person that holds possession under an interest
that the grantor or a successor of the grantor created
voluntarily if, not earlier than 30 days before the date first
set for the sale, the person was served with not less than 30
days' written notice of the requirement to surrender or deliver
possession of the property.
(c) If the property purchased at the trustee's sale is a
dwelling unit, as defined in ORS 90.100 { - (9) - } , that the
person holds under a tenancy that the grantor or a successor of
the grantor created voluntarily and in good faith, the purchaser
may follow the procedures set forth in ORS 105.105 to 105.168 or
other applicable judicial procedure to obtain possession if after
the sale the purchaser terminates the tenancy in a written notice
given to the person:
(A) At least 60 days before the termination date specified in
the notice, if the tenancy is a fixed term tenancy, as defined in
ORS 90.100, and at least 30 days before the date first set for
the trustee's sale the person provided the trustee with a copy of
the rental agreement that established the fixed term tenancy. The
provisions of this subparagraph do not apply to a purchaser that
does not intend to terminate a fixed term tenancy before the date
on which the fixed term tenancy ends.
(B) At least 30 days before the termination date specified in
the notice, if:
(i) The tenancy is a month-to-month tenancy or week-to-week
tenancy, as those terms are defined in ORS 90.100, and at least
30 days before the date first set for the trustee's sale the
person provided the trustee with a copy of the rental agreement
that established the tenancy or with other written evidence of
the existence of a rental agreement, if the person cannot provide
the rental agreement; or
(ii) The tenancy is a fixed term tenancy for which the person
has provided notice to the trustee as provided in subparagraph
(A) of this paragraph and the purchaser intends to occupy the
property that is subject to the fixed term tenancy as the
purchaser's primary residence.
(d) A purchaser may not commence a proceeding under ORS 105.105
to 105.168 that is authorized under this subsection before the
later of:
(A) The 10th day after the trustee's sale;
(B) The date specified in a written notice of the requirement
to surrender or deliver possession of the property if the notice
is required by and is given to the person in accordance with
paragraph (b) of this subsection;
(C) The date specified in a written notice of the purchaser's
intent to terminate a tenancy if the notice is required by and is
given to the person in accordance with paragraph (c) of this
subsection; or
(D) The date on which the term of a fixed term tenancy ends, if
the property is a dwelling unit and the purchaser has not
terminated the tenancy in accordance with paragraph (c) of this
subsection.
(e) For the purposes of this subsection:
(A) A month-to-month tenancy or a week-to-week tenancy that a
grantor or a successor of the grantor first created after a
notice of sale was served under ORS 86.750 is presumed not to be
a tenancy created in good faith.
Enrolled Senate Bill 293 (SB 293-A) Page 28
(B) A fixed term tenancy that a grantor or a successor of the
grantor created after a notice of sale was served under ORS
86.750 is not a tenancy created in good faith.
(6) A purchaser shall serve a notice under subsection (5) of
this section by first class mail and not by certified or
registered mail or a form of mail that may delay or hinder actual
delivery of mail to the addressee. The notice is effective three
days after the notice is mailed.
(7)(a) Notwithstanding the provisions of subsection (5)(c) of
this section and except as provided in paragraph (b) of this
subsection, the purchaser is not a landlord subject to the
provisions of ORS chapter 90 unless the purchaser:
(A) Accepts rent from the person who possesses the property
under a tenancy described in subsection (5)(c) of this section;
(B) Enters into a new rental agreement with the person who
possesses the property under a tenancy described in subsection
(5)(c) of this section; or
(C) Fails to terminate the tenancy as provided in subsection
(5)(c) of this section within 30 days after the date of the sale.
(b) The purchaser may act as a landlord for purposes of
terminating a tenancy in accordance with the provisions of ORS
90.396.
(8)(a) Except as provided in paragraph (b) of this subsection,
the purchaser is not liable to the person who possesses the
property under a tenancy described in subsection (5)(c) of this
section for:
(A) Damage to the property or diminution in rental value; or
(B) Returning a security deposit.
(b) A purchaser that is a landlord under the provisions of
subsection (7)(a) of this section is liable to the person who
possesses the property under a tenancy described in subsection
(5)(c) of this section for:
(A) Damage to the property or diminution in rental value that
occurs after the date of the trustee's sale; or
(B) Returning a security deposit the person pays after the date
of the trustee's sale.
(9)(a) Notwithstanding subsection (2) of this section, except
when a beneficiary has participated in obtaining a stay,
foreclosure proceedings that are stayed by order of the court, by
proceedings in bankruptcy or for any other lawful reason shall,
after release from the stay, continue as if uninterrupted, if
within 30 days after release the trustee sends amended notice of
sale by registered or certified mail to the last-known address of
the persons listed in ORS 86.740 and 86.750 (1).
(b) In addition to the notice required under paragraph (a) of
this subsection, the trustee shall send amended notice of sale:
(A) By registered or certified mail to:
(i) The address provided by each person who was present at the
time and place set for the sale that was stayed; and
(ii) The address provided by each member of the Oregon State
Bar who by registered or certified mail requests the amended
notice of sale and includes with the request the notice of
default or an identification number for the trustee's sale that
would assist the trustee in identifying the property subject to
the trustee's sale and a self-addressed, stamped envelope
measuring at least 8.5 by 11 inches in size; or
(B) By posting a true copy or a link to a true copy of the
amended notice of sale on the trustee's Internet website.
(10) The amended notice of sale must:
Enrolled Senate Bill 293 (SB 293-A) Page 29
(a) Be given at least 20 days prior to the amended date of
sale;
(b) Set an amended date of sale that may be the same as the
original sale date, or date to which the sale was postponed,
provided the requirements of this subsection and ORS 86.740 and
86.750 are satisfied;
(c) Specify the time and place for sale;
(d) Conform to the requirements of ORS 86.745; and
(e) State that the original sale proceedings were stayed and
the date the stay terminated.
(11) If the publication of the notice of sale was not completed
before the date the foreclosure proceedings were stayed by order
of the court, by proceedings in bankruptcy or for any other
lawful reason, after release from the stay, in addition to
complying with the provisions of subsections (9) and (10) of this
section, the trustee shall complete the publication by publishing
an amended notice of sale that states that the notice has been
amended following release from the stay and that contains the
amended date of sale. The amended notice must be published in a
newspaper of general circulation in each of the counties in which
the property is situated once a week for four successive weeks,
except that the required number of publications must be reduced
by the number of publications that were completed before the
effective date of the stay. The last publication must be made
more than 20 days before the date the trustee conducts the sale.
SECTION 11. 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) 'Carbon monoxide alarm' has the meaning given that
term in ORS 105.836.
(6) 'Carbon monoxide source' has the meaning given that term in
ORS 105.836. + }
{ - (5) - } { + (7) + } 'Conduct' means the commission of
an act or the failure to act.
{ - (6) - } { + (8) + } 'Dealer' means any person in the
business of selling, leasing or distributing new or used
manufactured dwellings or floating homes to persons who purchase
Enrolled Senate Bill 293 (SB 293-A) Page 30
or lease a manufactured dwelling or floating home for use as a
residence.
{ - (7) - } { + (9) + } '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) - } { + (10) + } 'Drug and alcohol free housing'
means a dwelling unit described in ORS 90.243.
{ - (9) - } { + (11) + } '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) - } { + (12) + } '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) - } { + (13) + } 'Facility' means a manufactured
dwelling park or a marina.
{ - (12) - } { + (14) + } '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) - } { + (15) + } 'Fee' means a nonrefundable
payment of money.
{ - (14) - } { + (16) + } '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) - } { + (17) + } '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) - } { + (18) + } 'Floating home' has the meaning
given that term in ORS 830.700. 'Floating home' includes an
accessory building or structure.
Enrolled Senate Bill 293 (SB 293-A) Page 31
{ - (17) - } { + (19) + } 'Good faith' means honesty in
fact in the conduct of the transaction concerned.
{ - (18) - } { + (20) + } 'Hotel or motel' means 'hotel' as
that term is defined in ORS 699.005.
{ - (19) - } { + (21) + } '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) - } { + (22) + } '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) - } { + (23) + } '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) - } { + (24) + } '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) - } { + (25) + } '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) - } { + (26) + } '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) - } { + (27) + } '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) - } { + (28) + } '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) - } { + (29) + } '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) - } { + (30) + } '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) - } { + (31) + } 'Person' includes an individual
or organization.
{ - (30) - } { + (32) + } '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.
Enrolled Senate Bill 293 (SB 293-A) Page 32
{ - (31) - } { + (33) + } '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) - } { + (34) + } 'Recreational vehicle' has the
meaning given that term in ORS 446.003.
{ - (33) - } { + (35) + } '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) - } { + (36) + } '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) - } { + (37) + } '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) - } { + (38) + } '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) - } { + (39) + } '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) - } { + (40) + } 'Sexual assault' has the meaning
given that term in ORS 147.450.
{ - (39) - } { + (41) + } '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 (7).
{ - (40) - } { + (42) + } 'Stalking' means the behavior
described in ORS 163.732.
{ - (41) - } { + (43) + } '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) - } { + (44) + } '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) - } { + (45) + } '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.
Enrolled Senate Bill 293 (SB 293-A) Page 33
(B) Means a minor, as defined and provided for in ORS 109.697.
(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) - } { + (46) + } 'Transient lodging' means a room
or a suite of rooms.
{ - (45) - } { + (47) + } '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) - } { + (48) + } '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) - } { + (49) + } '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) - } { + (50) + } 'Week-to-week tenancy' means a
tenancy that has all of the following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no
less frequently than every seven days;
(b) There is a written rental agreement that defines the
landlord's and the tenant's rights and responsibilities under
this chapter; and
(c) There are no fees or security deposits, although the
landlord may require the payment of an applicant screening
charge, as provided in ORS 90.295.
SECTION 12. ORS 90.555 is amended to read:
90.555. (1) A facility tenant may not rent the tenant's
manufactured dwelling or floating home to another person for a
period exceeding three days unless the facility landlord,
facility tenant and dwelling or home renter enter into a written
subleasing agreement specifying the rights and obligations of the
landlord, tenant and renter during the renter's occupancy of the
dwelling or home. The subleasing agreement shall include, but
need not be limited to, provisions that require the dwelling or
home renter to timely pay directly to the facility landlord the
space rent, any separately assessed fees payable under the rental
agreement and any separately billed utility or service charge
described in ORS 90.532 (1)(b) or (c), and provisions that grant
the dwelling or home renter the same rights as the facility
tenant to cure a violation of the rental agreement for the
facility space, to require facility landlord compliance with ORS
90.730 and to be protected from retaliatory conduct under ORS
Enrolled Senate Bill 293 (SB 293-A) Page 34
90.765. This subsection does not authorize a facility tenant to
rent a manufactured dwelling or floating home to another person
in violation of the rental agreement between the facility tenant
and the facility landlord.
(2) Notwithstanding ORS 90.100 { - (43) - } { + 45 + }, a
facility tenant who enters into a subleasing agreement continues
to be the tenant of the facility space and retains all rights and
obligations of a facility tenant under the rental agreement and
this chapter. The occupancy of a manufactured dwelling or
floating home by a renter as provided in a subleasing agreement
does not constitute abandonment of the dwelling or home by the
facility tenant.
(3) The rights and obligations of the dwelling or home renter
under a subleasing agreement are in addition to the rights and
obligations retained by the facility tenant under subsection (2)
of this section. The rights and obligations of the dwelling or
home renter under the subleasing agreement are separate from any
rights or obligations of the renter under ORS 90.100 to 90.465
applicable to the renter's occupancy of the manufactured dwelling
or floating home owned by the facility tenant.
(4) Unless otherwise provided in the subleasing agreement, a
facility landlord may terminate a subleasing agreement:
(a) Without cause by giving the dwelling or home renter written
notice not less than 30 days prior to the termination;
(b) If a condition described in ORS 90.380 (5)(b) exists for
the facility space, by giving the renter the same notice to which
the facility tenant is entitled under ORS 90.380 (5)(b); or
(c) Subject to the cure right established in subsection (1) of
this section and regardless of whether the landlord terminates
the rental agreement of the facility tenant:
(A) For nonpayment of facility space rent; or
(B) For any conduct by the dwelling or home renter that would
be a violation of the rental agreement under ORS 90.396 or 90.398
if committed by the facility tenant.
(5) Upon termination of a subleasing agreement by the facility
landlord, whether with or without cause, the dwelling or home
renter and the facility tenant are excused from continued
performance under any agreement for the renter's occupancy of the
manufactured dwelling or floating home owned by the facility
tenant.
(6)(a) If, during the term of a subleasing agreement, the
facility landlord gives notice to the facility tenant of a rental
agreement violation, of a law or ordinance violation or of the
facility's closure, conversion or sale, the landlord shall also
promptly give a copy of the notice to the dwelling or home
renter. The giving of notice to the dwelling or home renter does
not constitute notice to the facility tenant unless the tenant
has expressly appointed the renter as the tenant's agent for
purposes of receiving notice.
(b) If the facility landlord gives notice to the dwelling or
home renter that the landlord is terminating the subleasing
agreement, the landlord shall also promptly give a copy of the
notice to the facility tenant. The landlord shall give the notice
to the facility tenant in the same manner as for giving notice of
a rental agreement violation.
(c) If, during the term of a subleasing agreement, the facility
tenant gives notice to the facility landlord of a rental
agreement violation, termination of tenancy or sale of the
manufactured dwelling or floating home, the tenant shall also
Enrolled Senate Bill 293 (SB 293-A) Page 35
promptly give a copy of the notice to the dwelling or home
renter.
(d) If the dwelling or home renter gives notice to the facility
landlord of a violation of ORS 90.730, the renter shall also
promptly give a copy of the notice to the facility tenant.
SECTION 13. ORS 90.634 is amended to read:
90.634. (1) A landlord may not assert a lien under ORS 87.162
for dwelling unit rent against a manufactured dwelling or
floating home located in a facility. Notwithstanding ORS 90.100
{ - (43) - } { + 45 + } and 90.675 and regardless of whether
the owner of a manufactured dwelling or floating home occupies
the dwelling or home as a residence, a facility landlord that is
entitled to unpaid rent and receives possession of the facility
space from the sheriff following restitution pursuant to ORS
105.161 may sell or dispose of the dwelling or home as provided
in ORS 90.675.
(2) If a manufactured dwelling or floating home was occupied
immediately prior to abandonment by a person other than the
facility tenant, and the name and address of the person are known
to the landlord, a landlord selling or disposing of the dwelling
or home under subsection (1) of this section shall promptly send
the person a copy of the notice sent to the facility tenant under
ORS 90.675 (3). Notwithstanding ORS 90.425, the facility landlord
may sell or dispose of goods left in the dwelling or home or upon
the dwelling unit by the person in the same manner as if the
goods were left by the facility tenant. If the name and address
of the person are known to the facility landlord, the landlord
shall promptly send the person a copy of the written notice sent
to the facility tenant under ORS 90.425 (3) and allow the person
the time described in the notice to arrange for removal of the
goods.
SECTION 14. 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 the tenancy by a written notice given to the
other at least 10 days before the termination date specified in
the notice.
(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) At any time 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) At any time 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) At any time during the fixed term, notwithstanding
subsection (3) of this section, the landlord or the tenant may
terminate the tenancy without cause by giving the other notice in
writing not less than 30 days prior to the specified ending date
for the fixed term or not less than 30 days prior to the date
Enrolled Senate Bill 293 (SB 293-A) Page 36
designated in the notice for the termination of the tenancy,
whichever is later.
(b) After the specified ending date for the fixed term, at any
time during the month-to-month tenancy, 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.
(5) Notwithstanding subsections (3)(c) and (4)(b) of this
section, the landlord may terminate a month-to-month tenancy at
any time 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 if:
(a) The dwelling unit is purchased separately from any other
dwelling unit;
(b) The landlord has accepted an offer to purchase the dwelling
unit from a person who intends in good faith to occupy the
dwelling unit as the person's primary residence; and
(c) The landlord has provided the notice, and written evidence
of the offer to purchase the dwelling unit, to the tenant not
more than 120 days after accepting the offer to purchase.
(6) 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.
(7) 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
{ - (8) - } { + (7) + } applies.
(8)(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.
(9) Subsections (2) to (5) of this section 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 15. 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.
Enrolled Senate Bill 293 (SB 293-A) Page 37
(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 { - (6)(a)(A) - }
{ + (7)(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 16. 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 { - (6)(a)(A) - }
{ + (7)(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 17. ORS 105.836 is amended to read:
105.836. As used in ORS { - 90.317, - } 105.836 to 105.842
and 476.725, unless the context requires otherwise:
Enrolled Senate Bill 293 (SB 293-A) Page 38
(1) 'Carbon monoxide alarm' means a device that:
(a) Detects carbon monoxide;
(b) Produces a distinctive audible alert when carbon monoxide
is detected;
(c) Conforms to State Fire Marshal rules;
(d) Is listed by Underwriters Laboratories or any other
nationally recognized testing laboratory or an equivalent
organization; and
(e) Operates as a distinct unit or as two or more single
station units wired to operate in conjunction with each other.
(2) 'Carbon monoxide source' means:
(a) A heater, fireplace, appliance or cooking source that uses
coal, kerosene, petroleum products, wood or other fuels that emit
carbon monoxide as a by-product of combustion; or
(b) An attached garage with an opening that communicates
directly with a living space.
(3) 'Multifamily housing' means a building in which three or
more residential units each have space for eating, living and
sleeping and permanent provisions for cooking and sanitation.
(4) 'One and two family dwelling' means a residential building
that is regulated under the state building code as a one and two
family dwelling.
SECTION 18. { + The amendments to ORS 86.755, 90.100, 90.220,
90.230, 90.295, 90.297, 90.300, 90.316, 90.317, 90.367, 90.385,
90.417, 90.425, 90.427, 90.449, 90.453, 90.456, 90.472, 90.475,
90.555, 90.634 and 105.836 by sections 1 to 5, 7 to 9b and 10 to
17 of this 2011 Act apply to rental agreements under ORS chapter
90 that are entered into on or after the effective date of this
2011 Act. + }
----------
Passed by Senate March 17, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 5, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 293 (SB 293-A) Page 39
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 293 (SB 293-A) Page 40