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Oregon

Legal pages for the great state of Oregon

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List of Counties in Oregon
  • Baker County, OR

  • Benton County, OR

  • Clackamas County, OR

  • Clatsop County, OR

  • Columbia County, OR

  • Coos County, OR

  • Crook County, OR

  • Curry County, OR

  • Deschutes County, OR

  • Douglas County, OR

  • Gilliam County, OR

  • Grant County, OR

  • Harney County, OR

  • Hood River County, OR

  • Jackson County, OR

  • Jefferson County, OR

  • Josephine County, OR

  • Klamath County, OR

  • Lake County, OR

  • Lane County, OR

  • Lincoln County, OR

  • Linn County, OR

  • Malheur County, OR

  • Marion County, OR

  • Morrow County, OR

  • Multnomah County, OR

  • Polk County, OR

  • Sherman County, OR

  • Tillamook County, OR

  • Umatilla County, OR

  • Union County, OR

  • Wallowa County, OR

  • Wasco County, OR

  • Washington County, OR

  • Wheeler County, OR

  • Yamhill County, OR

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Links to Legal Pages Based on State

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  • 90.100 Definitions 

  • 90.105 Short title 

  • 90.110 Exclusions from application of this chapter 

  • 90.113 Additional exclusion from application of chapter 

  • 90.115 Territorial application 

  • 90.120 Applicability of other statutory lien, tenancy and rent provisions 

  • 90.125 Administration of remedies 

  • 90.130 Obligation of good faith 

  • 90.135 Unconscionability 

  • 90.140 Types of payments landlord may require or accept 

  • 90.145 Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord 

  • 90.147 Delivery of possession 

  • 90.148 Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy 

  • 90.150 Service or delivery of actual notice 

  • 90.155 Service or delivery of written notice 

  • 90.160 Calculation of notice periods 

  • 90.220 Terms and conditions of rental agreement 

  • 90.222 Renter's liability insurance 

  • 90.228 Notice of location in 100-year flood plain 

  • 90.230 Rental agreements for occupancy of recreational vehicle in park 

  • 90.243 Qualifications for drug and alcohol free housing 

  • 90.245 Prohibited provisions in rental agreements 

  • 90.250 Receipt of rent without obligation to maintain premises prohibited 

  • 90.255 Attorney fees 

  • 90.260 Late rent payment charge or fee 

  • 90.262 Use and occupancy rules and regulations 

  • 90.263 Vehicle tags 

  • 90.265 Interest in alternative energy device installed by tenant 

  • 90.275 Temporary occupancy agreement 

  • 90.295 Applicant screening charge 

  • 90.297 Prohibition on charging deposit or fee to enter rental agreement 

  • 90.300 Security deposits 

  • 90.302 Fees allowed for certain landlord expenses 

  • 90.303 Evaluation of applicant 

  • 90.304 Statement of reasons for denial 

  • 90.305 Disclosure of certain matters 

  • 90.310 Disclosure of legal proceedings 

  • 90.315 Utility or service payments 

  • 90.316 Carbon monoxide alarm 

  • 90.317 Repair or replacement of carbon monoxide alarm 

  • 90.318 Criteria for landlord provision of certain recycling services 

  • 90.320 Landlord to maintain premises in habitable condition 

  • 90.322 Landlord or agent access to premises 

  • 90.323 Maximum rent increase 

  • 90.324 Calculation of maximum rent increase 

  • 90.325 Tenant duties 

  • 90.340 Occupancy of premises as dwelling unit only 

  • 90.360 Effect of landlord noncompliance with rental agreement or obligation to maintain premises 

  • 90.365 Failure of landlord to supply essential services 

  • 90.367 Application of security deposit or prepaid rent after notice of foreclosure 

  • 90.368 Repair of minor habitability defect 

  • 90.370 Tenant counterclaims in action by landlord for possession or rent 

  • 90.375 Effect of unlawful ouster or exclusion 

  • 90.380 Effect of rental of dwelling in violation of building or housing codes 

  • 90.385 Retaliatory conduct by landlord 

  • 90.390 Discrimination against tenant or applicant 

  • 90.391 Information to veterans required in notice 

  • 90.392 Termination of tenancy for cause 

  • 90.394 Termination of tenancy for failure to pay rent 

  • 90.396 Acts or omissions justifying termination 24 hours after notice 

  • 90.398 Termination of tenancy for drug or alcohol violations 

  • 90.401 Remedies available to landlord 

  • 90.403 Taking possession of premises from unauthorized possessor 

  • 90.405 Effect of tenant keeping unpermitted pet 

  • 90.410 Effect of tenant failure to give notice of absence 

  • 90.412 Waiver of termination of tenancy 

  • 90.414 Acts not constituting waiver of termination of tenancy 

  • 90.417 Duty to pay rent 

  • 90.420 Enforceability of landlord liens 

  • 90.425 Disposition of personal property abandoned by tenant 

  • 90.427 Termination of tenancy without tenant cause 

  • 90.429 Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850 

  • 90.430 Claims for possession, rent, damages after termination of rental agreement 

  • 90.435 Limitation on recovery of possession of premises 

  • 90.440 Termination of tenancy in group recovery home 

  • 90.445 Termination of tenant committing criminal act of physical violence 

  • 90.449 Landlord discrimination against victim 

  • 90.453 Termination by tenant who is victim of domestic violence, sexual assault or stalking 

  • 90.456 Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual assault or stalking 

  • 90.459 Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking 

  • 90.460 Alternate exit from bedroom required 

  • 90.462 Electric vehicle charging stations 

  • 90.465 Right of city to recover from owner for costs of relocating tenant due to condemnation 

  • 90.472 Termination by tenant called into active state service by Governor 

  • 90.475 Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration 

  • 90.485 Restrictions on landlord removal of vehicle 

  • 90.490 Prohibited acts in anticipation of notice of conversion to condominium 

  • 90.493 Prohibited acts following notice of conversion to condominium 

  • 90.505 Definitions for ORS 90.505 to 90.850 

  • 90.510 Statement of policy 

  • 90.512 Definitions for ORS 90.514 and 90.518 

  • 90.514 Disclosure to prospective tenant of improvements required under rental agreement 

  • 90.516 Model statement for disclosure of improvements required under rental agreement 

  • 90.518 Provider statement of estimated cost of improvements 

  • 90.525 Unreasonable conditions of rental or occupancy prohibited 

  • 90.528 Use of common areas or facilities 

  • 90.530 Pets in facilities 

  • 90.545 Fixed term tenancy expiration 

  • 90.550 Permissible forms of tenancy 

  • 90.555 Subleasing agreements 

  • 90.560 Definitions for ORS 90.560 to 90.584 

  • 90.562 Utility and service charges 

  • 90.564 Charge for cable, satellite or Internet 

  • 90.566 Conversion to direct billing for garbage service 

  • 90.568 Pro rata billing 

  • 90.570 Public service charge pro rata apportionment 

  • 90.572 Submeter billing 

  • 90.574 Conversion to submeter or pro rata billing for water 

  • 90.576 Legislative findings 

  • 90.578 Conversion to submeter or direct billing for large parks 

  • 90.580 Entry to read submeter 

  • 90.582 Publication of submeter or pro rata bills 

  • 90.584 Park specific billing for water 

  • 90.600 Increases in rent 

  • 90.605 Persons authorized to receive notice and demands on landlord's behalf 

  • 90.610 Notice of proposed change in rule or regulation 

  • 90.620 Termination by tenant 

  • 90.630 Termination by landlord 

  • 90.632 Termination of tenancy due to physical condition of manufactured dwelling or floating home 

  • 90.634 Prohibition against lien for rent 

  • 90.643 Conversion of manufactured dwelling park to planned community subdivision of manufactured dwellings 

  • 90.645 Closure of manufactured dwelling park 

  • 90.650 Notice of tax provisions to tenants of closing manufactured dwelling park 

  • 90.655 Park closure notice to nontenants 

  • 90.660 Local regulation of park closures 

  • 90.671 Closure of marina 

  • 90.675 Disposition of manufactured dwelling or floating home left in facility 

  • 90.680 Sale of dwelling or home on rented space 

  • 90.710 Causes of action 

  • 90.720 Action to enjoin violation of ORS 90.750 or 90.755 

  • 90.725 Landlord or agent access to rented space 

  • 90.727 Maintenance of trees in rented spaces 

  • 90.729 Temporary movement of floating home 

  • 90.730 Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition 

  • 90.732 Landlord registration 

  • 90.734 Manager or owner continuing education requirements 

  • 90.736 Civil penalties 

  • 90.738 Enforcement of registration and education requirements 

  • 90.740 Tenant obligations 

  • 90.750 Right to assemble or canvass in facility 

  • 90.755 Right to speak on political issues 

  • 90.765 Prohibitions on retaliatory conduct by landlord 

  • 90.767 Mandatory mediation 

  • 90.769 Informal dispute resolution 

  • 90.771 Confidentiality of information regarding disputes 

  • 90.775 Rules 

  • 90.800 Policy 

  • 90.840 Park purchase funds, loans 

  • 90.842 Notice of sale of facility 

  • 90.844 Procedures for purchase of facility by tenants 

  • 90.846 Notices and processes in facility transfer 

  • 90.848 Exceptions to facility transfer requirements 

  • 90.849 Notice of conveyance 

  • 90.850 Owner affidavit certifying compliance with requirements for sale of facility 

  • 90.860 Definitions for ORS 90.865 to 90.875 

  • 90.865 Dealer notice of rent payments and financing 

  • 90.870 Manner of giving notice 

  • 90.875  Remedy for failure to give notice 

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  • Adams, OR

  • Albany, OR

  • Arlington, OR

  • Ashland, OR

  • Astoria, OR

  • Athena, OR

  • Aumsville, OR

  • Aurora, OR

  • Baker City, OR

  • Bandon, OR

  • Banks, OR

  • Bay City, OR

  • Beaverton, OR

  • Bend, OR

  • Boardman, OR

  • Bonanza, OR

  • Brookings, OR

  • Brownsville, OR

  • Burns, OR

  • Butte Falls, OR

  • Canby, OR

  • Cannon Beach, OR

  • Canyon City, OR

  • Canyonville, OR

  • Carlton, OR

  • Cascade Locks, OR

  • Cave Junction, OR

  • Central Point, OR

  • Chiloquin, OR

  • Clackamas, OR

  • Clatskanie, OR

  • Cloverdale, OR

  • Columbia City, OR

  • Condon, OR

  • Coos Bay, OR

  • Coquille, OR

  • Cornelius, OR

  • Corvallis, OR

  • Cottage Grove, OR

  • Cove, OR

  • Creswell, OR

  • Culver, OR

  • Dallas, OR

  • Dayton, OR

  • Depoe Bay, OR

  • Detroit, OR

  • Donald, OR

  • Drain, OR

  • Dufur, OR

  • Dundee, OR

  • Eagle Point, OR

  • Echo, OR

  • Elgin, OR

  • Enterprise, OR

  • Estacada, OR

  • Eugene, OR

  • Fairview, OR

  • Falls City, OR

  • Forest Grove, OR

  • Fossil, OR

  • Garibaldi, OR

  • Gaston, OR

  • Gates, OR

  • Gervais, OR

  • Gladstone, OR

  • Glendale, OR

  • Glide, OR

  • Gold Beach, OR

  • Gold Hill, OR

  • Grand Ronde, OR

  • Grants Pass, OR

  • Gresham, OR

  • Haines, OR

  • Halfway, OR

  • Halsey, OR

  • Harrisburg, OR

  • Hebo, OR

  • Heppner, OR

  • Hermiston, OR

  • Hillsboro, OR

  • Hines, OR

  • Hood River, OR

  • Hubbard, OR

  • Huntington, OR

  • Idanha, OR

  • Imbler, OR

  • Independence, OR

  • Irrigon, OR

  • Jacksonville, OR

  • Jefferson, OR

  • John Day, OR

  • Jordan Valley, OR

  • Joseph, OR

  • Junction City, OR

  • Keizer, OR

  • Klamath Falls, OR

  • La Grande, OR

  • La Pine, OR

  • Lafayette, OR

  • Lake Oswego, OR

  • Lakeside, OR

  • Lakeview, OR

  • Lebanon, OR

  • Lexington, OR

  • Lincoln City, OR

  • Long Creek, OR

  • Lostine, OR

  • Lowell, OR

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Evicting a tenant in Oregon can take around two to eight weeks, depending on the reason for the eviction. If tenants attend the appearance hearing, the process can take longer. 

Grounds for an Eviction in Oregon 

In Oregon, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms, having an unpermitted pet, illegal activity and more. Even so, proper notice must first be given before ending the tenancy. 

Eviction for Nonpayment of Rent 

In Oregon, a landlord can evict a tenant for not paying rent on time. To do so, a landlord has a few notice options to choose from: 

The landlord can give the tenant a 72 hours’ [1] notice to pay rent or vacate the premises; however, they must wait 8 days after rent is past due. 

The landlord can give the tenant a 144 hours’ [1] notice to pay rent or vacate the premises; however, they must wait 5 days after rent is past due. 

For week-to-week tenancies, the landlord must give the tenant a 72 hours’ [1]notice to pay rent or vacate the premises; however, they must wait 5 days after rent is past due. 

Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Oregon on the 4th day [2] of the rental period. So for example, if rent is due on the first of the month, it is considered late starting on the fifth of the month (if not paid in full). 

Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice. 

Eviction for No Lease or End of Lease 

In Oregon, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month). [3] 

Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit. 

Eviction for Violation of Lease or Responsibilities 

In Oregon, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Oregon landlord-tenant law.  To do so, Oregon landlords must provide tenants with a 30 days’ [4]notice to fix the issue or move out. 

If the tenant does not fix the issue within 14 days, the tenant will need to move out of the rental unit within 30 days of the notice to avoid an eviction lawsuit. 

However, landlords must provide week-to-week tenants with a 7 days’ [4] notice to fix the issue or move out. If the tenant does not fix the issue within 4 days, they will need to move out of the rental unit within 7 days of the notice to avoid an eviction lawsuit. 

Tenant responsibilities [5] include: 

  • Using the premises in a reasonable manner. 

  • Keeping all areas of the premises clean, sanitary and free from all trash, debris, rodents, vermin, and garbage. 

  • Disposing of all ash, garbage, and rubbish in a clean and safe manner. 

  • Disposing of all needles, syringes and other infectious waste in a manner that is authorized by state and local governmental agencies. 

  • Keeping all plumbing fixtures clean. 

  • Testing and replacing batteries (if needed) to any smoke alarm, smoke detector or carbon monoxide alarm once every six months. 

  • Not disturbing the peaceful enjoyment of the neighbors. 

  • Having guests behave by not disturbing the peaceful enjoyment of the neighbors. 

  • Not removing or tampering with any smoke alarm, smoke detector or carbon monoxide alarm. 

  • Not deliberately destroying, defacing, or removing any part of the premises. 

  • Examples of lease violations: 

  • Damaging the rental property. 

  • Having too many people residing in the rental unit. 

  • Letting trash pile up inside the rental unit. 

       Providing a harbor for rodents or bugs. 

Eviction for an Unpermitted Pet 

In Oregon, a landlord can evict a tenant if they have an unpermitted pet in the rental unit that could cause property damage or harm others on the rental property because of their size, their “nature,” or their behavioral characteristics. The tenant has the opportunity to fix the issue or move out. 

Minor Damage Caused by an Unpermitted Pet 

For more minor damage, the landlord must give 10 days’ [6]notice to fix the issue or vacate. 

Examples of unpermitted pets causing minor damage: 

Animal chewing wiring in dwelling unit. 

Aquarium leaking or flooding. 

Scratches and punctures on the walls due to the animals’ nails/claws. 

If the tenant rehomes the pet during that time, they will not be evicted. If the tenant fixes the violation but commits the same act within a six-month timeframe, the landlord can serve the tenant with a 10 days’ [6] notice to vacate and the tenant does not have the option to fix the issue and must move out. 

Substantial Damage Caused by an Unpermitted Pet 

If a tenant’s pet causes substantial harm or damage the dwelling unit (or to others), the landlord may serve the tenant with a 24 hours’ [8] notice to fix the issue or move out. In order for the tenant to fix the issue, the pet must be removed from the premises. 

If the tenant removes the pet during the notice period the tenant can remain on the property; however, if the tenant returns the pet to the premises during the tenancy, the landlord must provide a 24 hours’ [8] notice to vacate without the chance to fix the issue. 

Eviction for Drug and Alcohol-Free Housing Units 

In Oregon, a landlord can evict a tenant if they are living in a drug and alcohol-free housing and the tenant uses, possesses or shares alcohol, marijuana, illegal drugs, or controlled substances. To do so, the landlord must first give 48 hours’ [9] notice to fix the issue or vacate. The tenant has 24 hours to change their behavior and correct the issue or they must move out. 

If the tenant fixes the issue but commits the same act within a six-month timeframe, the landlord can serve the tenant with a 24 hours’ notice to vacate. The tenant does not have the opportunity to correct the issue and must move out. 

Eviction for Illegal Activity 

In Oregon, a landlord can evict a tenant if they are involved in illegal activity. To do so, the landlord must first give 24 hours’ [10]notice to vacate. Tenants do not have the opportunity to fix the issue to avoid removal and must move out. 

In Oregon, illegal activity [10] includes: 

Prostitution, promoting prostitution or commercial sexual solicitation. 

Illegal manufacture, delivery, possession of a controlled substance. 

Manufacture of a cannabinoid extract without a license. 

Bias crimes, intimidation, or burglary. 

Tenant has provided false information regarding a criminal conviction on the rental application. 

Threat to inflict substantial injury or inflicting substantial injury on property or others. 

Recklessly endangering a person on the premises causing a serious risk of substantial personal injury. 

A tenant’s pet inflicting injury or threatening to inflict injury to a person on the premises or to a neighbor. 

ORS 90.100 Definitions 
 

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 (Definitions for ORS 105.836 to 105.842 and 476.725). 

 

(6) “Carbon monoxide source” has the meaning given that term in ORS 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725). 

 

(7) “Conduct” means the commission of an act or the failure to act. 

 

(8) “DBH” means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side. 

 

(9) “Dealer” means any person in the business of selling, leasing or distributing new or used manufactured dwellings or floating homes to persons who purchase or lease a manufactured dwelling or floating home for use as a residence. 

 

(10) “Domestic violence” means: 

 

(a)Abuse between family or household members, as those terms are defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735); or 

 

(b)Abuse, as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735), between partners in a dating relationship. 

 

(11) “Drug and alcohol free housing” means a dwelling unit described in ORS 90.243 (Qualifications for drug and alcohol free housing). 

 

(12) “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 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870), but does not rent the home, means the space rented and not the manufactured dwelling, recreational vehicle or floating home itself. 

 

(13) “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 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility): 

 

(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 (Landlord to maintain premises in habitable condition), 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 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility): 

 

(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 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), 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. 

 

(14) “Facility” means a manufactured dwelling park or a marina. 

 

(15) “Fee” means a nonrefundable payment of money. 

 

(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. 

 

(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. 

 

(18) “Floating home” has the meaning given that term in ORS 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870). “Floating home” includes an accessory building or structure. 

 

(19) “Good faith” means honesty in fact in the conduct of the transaction concerned. 

 

(20) “Hazard tree” means a tree that: 

 

(a)Is located on a rented space in a manufactured dwelling park; 

 

(b)Measures at least eight inches DBH; and 

 

(c)Is considered, by an arborist licensed as a landscape construction professional pursuant to ORS 671.560 (Issuance of license) and certified by the International Society of Arboriculture, to pose an unreasonable risk of causing serious physical harm or damage to individuals or property in the near future. 

 

(21) “Hotel or motel” means “hotel” as that term is defined in ORS 699.005 (Definitions). 

 

(22) “Informal dispute resolution” includes voluntary consultation between the landlord or landlord’s agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration. 

 

(23) “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. 

 

(24) “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. 

 

(25) “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. 

 

(26) “Manufactured dwelling” means a residential trailer, a mobile home or a manufactured home as those terms are defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227). “Manufactured dwelling” includes an accessory building or structure. 

 

(27) “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. 

 

(28) “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. 

 

(29) “Marina purchase association” means a group of three or more tenants who reside in a marina and have organized for the purpose of eventual purchase of the marina. 

 

(30) “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. 

 

(31) “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. 

 

(32) “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. 

 

(33) “Person” includes an individual or organization. 

 

(34) “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. 

 

(35) “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. 

 

(36) “Recreational vehicle” has the meaning given that term in ORS 174.101 (“Manufactured structure,” “recreational vehicle” defined). 

 

(37) “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 and to use the premises. “Rent” does not include security deposits, fees or utility or service charges as described in ORS 90.315 (Utility or service payments) (4) and 90.562 (Utility and service charges). 

 

(38) “Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under ORS 90.262 (Use and occupancy rules and regulations) or 90.510 (Statement of policy) (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 is either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy. 

 

(39) “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. 

 

(40) “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. 

 

(41) “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. 

 

(42) “Sexual assault” has the meaning given that term in ORS 147.450 (Definitions). 

 

(43) “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 (Termination of tenancy without tenant cause) (11). 

 

(44) “Stalking” means the behavior described in ORS 163.732 (Stalking). 

 

(45) “Statement of policy” means the summary explanation of information and facility policies to be provided to prospective and existing tenants under ORS 90.510 (Statement of policy). 

 

(46) “Surrender” means an agreement, express or implied, as described in ORS 90.148 (Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy) between a landlord and tenant to terminate a rental agreement that gave the tenant the right to occupy a dwelling unit. 

 

(47) “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. 

 

(B)Means a minor, as defined and provided for in ORS 109.697 (Right to contract for dwelling unit and utilities without parental consent). 

 

(b)For purposes of ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility), 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. 

 

(48)“Transient lodging” means a room or a suite of rooms. 

 

(49)“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. 

 

(50)“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. 

 

(51)“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. 

 

(52)“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 (Applicant screening charge). 

ORS 90.105 Short title

This chapter shall be known and may be cited as the “Residential Landlord and Tenant Act.” [Formerly 91.700]

ORS 90.110 Exclusions from application of this chapter

Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: 

 

(1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service, but not including residence in off-campus nondormitory housing. 

 

(2) Occupancy of a dwelling unit for no more than 90 days by a purchaser prior to the scheduled closing of a real estate sale or by a seller following the closing of a sale, in either case as permitted under the terms of an agreement for sale of a dwelling unit or the property of which it is a part. The occupancy by a purchaser or seller described in this subsection may be terminated only pursuant to ORS 91.130 (Eviction of purchaser or seller of property). A tenant who holds but has not exercised an option to purchase the dwelling unit is not a purchaser for purposes of this subsection. 

 

(3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization. 

 

(4) Transient occupancy in a hotel or motel. 

 

(5) Occupancy by a squatter. 

 

(6) Vacation occupancy. 

 

(7) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises. However, the occupancy by an employee as described in this subsection may be terminated only pursuant to ORS 91.120 (Eviction of employee). 

 

(8) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative. 

 

(9) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. [Formerly 91.710; 1993 c.369 §2; 1997 c.577 §2; 1999 c.603 §6; 2001 c.596 §28] 

ORS 90.113 Additional exclusion from application of chapter

 

Residence in a licensed program, facility or home described in ORS 430.306 (Definitions) to 430.375 (Fee schedule), 430.380 (Mental Health Alcoholism and Drug Services Account), 430.385 (Construction), 430.395 (Funding of regional centers for treatment of drug and alcohol dependent adolescents), 430.397 (Voluntary admission of person to treatment facility) to 430.401 (Liability of public officers, providers, treatment facilities and sobering facilities), 430.405 (“Drug-dependent person” defined for ORS 430.415) to 430.565 (Nonapplicability of drug laws to certain persons in treatment program), 430.570 (Information concerning opiate inhibitors to drug dependent persons), 430.590 (Regulation of location of methadone clinic), 443.400 (Definitions for ORS 443.400 to 443.455) to 443.455 (Civil penalties), 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) or 443.835 (Certificate required) is not governed by this chapter. [2007 c.715 §2; 2009 c.595 §58]

ORS 90.115 Territorial application

This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. [Formerly 91.715]

ORS 90.120 Applicability of other statutory lien, tenancy and rent provisions 
 

applicability of ORS 90.100 to 90.465 and 90.505 to 90.850 

 

(1) The provisions of ORS 87.152 (Possessory lien for labor or material expended on chattel) to 87.212 (Liability for improper sale of fungible chattels), 91.010 (When tenancy is deemed to exist) to 91.110 (Notices to be in writing), 91.130 (Eviction of purchaser or seller of property), 91.210 (Rents payable in advance unless otherwise agreed) and 91.220 (Tenant in possession liable for rent) do not apply to the rights and obligations of landlords and tenants governed by this chapter. 

 

(2) Any provisions of this chapter that reasonably apply only to the structure that is used as a home, residence or sleeping place do not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home but rents the space on which it is located. 

 

(3) The provisions of ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) apply only if: 

 

(a)The tenant owns the manufactured dwelling or floating home; 

 

(b)The tenant rents the space on which the dwelling or home is located; and 

 

(c)Except as provided in subsection (4) of this section, the space is in a facility. 

 

(4) ORS 90.512 (Definitions for ORS 90.514 and 90.518), 90.514 (Disclosure to prospective tenant of improvements required under rental agreement), 90.516 (Model statement for disclosure of improvements required under rental agreement) and 90.518 (Provider statement of estimated cost of improvements) apply to a converted rental space as defined in ORS 90.512 (Definitions for ORS 90.514 and 90.518) regardless of whether the converted rental space is in a facility. 

 

(5) Residential tenancies for recreational vehicles and for manufactured dwellings and floating homes that are not subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) shall be subject to ORS 90.100 (Definitions) to 90.465 (Right of city to recover from owner for costs of relocating tenant due to condemnation). Tenancies described in this subsection include tenancies for: 

 

(a)A recreational vehicle, located inside or outside of a facility, if the tenant owns or rents the vehicle; 

 

(b)A manufactured dwelling or floating home, located inside or outside of a facility, if the tenant rents both the dwelling or home and the space; and 

 

(c)A manufactured dwelling or floating home, located outside a facility, if the tenant owns the dwelling or home and rents the space. [Formerly 91.720; 1991 c.844 §28; 1995 c.559 §5; 1997 c.577 §2a; 1999 c.676 §8; 2005 c.41 §2] 

ORS 90.125 Administration of remedies

  • enforcement

(1) The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.

 

(2) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect. [Formerly 91.725]

  • Lyons, OR

  • Madras, OR

  • Malin, OR

  • Manzanita, OR

  • Marion, OR

  • Maupin, OR

  • Mcminnville, OR

  • Medford, OR

  • Mehama, OR

  • Merrill, OR

  • Mill City, OR

  • Milton Freewater, OR

  • Molalla, OR

  • Monmouth, OR

  • Monroe, OR

  • Moro, OR

  • Mosier, OR

  • Mount Angel, OR

  • Mount Hood Parkdale, OR

  • Mount Vernon, OR

  • Myrtle Creek, OR

  • Myrtle Point, OR

  • Nehalem, OR

  • Netarts, OR

  • Newberg, OR

  • Newport, OR

  • North Bend, OR

  • North Plains, OR

  • North Powder, OR

  • Nyssa, OR

  • Oakland, OR

  • Oakridge, OR

  • Oceanside, OR

  • Odell, OR

  • Ontario, OR

  • Oregon City, OR

  • Pacific City, OR

  • Paisley, OR

  • Pendleton, OR

  • Philomath, OR

  • Phoenix, OR

  • Pilot Rock, OR

  • Port Orford, OR

  • Portland, OR

  • Powers, OR

  • Prairie City, OR

  • Prineville, OR

  • Rainier, OR

  • Redmond, OR

  • Reedsport, OR

  • Riddle, OR

  • Rockaway Beach, OR

  • Rogue River, OR

  • Rose Lodge, OR

  • Roseburg, OR

  • Rufus, OR

  • Saint Helens, OR

  • Saint Paul, OR

  • Salem, OR

  • Sandy, OR

  • Scappoose, OR

  • Scio, OR

  • Scotts Mills, OR

  • Seneca, OR

  • Shady Cove, OR

  • Sheridan, OR

  • Sherwood, OR

  • Siletz, OR

  • Silverton, OR

  • Sisters, OR

  • Springfield, OR

  • Stanfield, OR

  • Stayton, OR

  • Sublimity, OR

  • Sutherlin, OR

  • Sweet Home, OR

  • Talent, OR

  • Tangent, OR

  • Terrebonne, OR

  • Tillamook, OR

  • Toledo, OR

  • Troutdale, OR

  • Tualatin, OR

  • Turner, OR

  • Tygh Valley, OR

  • Ukiah, OR

  • Umatilla, OR

  • Union, OR

  • Vale, OR

  • Veneta, OR

  • Vernonia, OR

  • Waldport, OR

  • Wallowa, OR

  • Warm Springs, OR

  • Warrenton, OR

  • Wasco, OR

  • West Linn, OR

  • Westfir, OR

  • Weston, OR

  • Wheeler, OR

  • White City, OR

  • Willamina, OR

  • Wilsonville, OR

  • Winchester, OR

  • Winston, OR

  • Woodburn, OR

  • Yachats, OR

  • Yamhill, OR

  • Yoncalla, OR

  • Abandonment 

    A landlord may consider rental property as abandoned by the tenant once rent has not been paid for a set time along with visual evidence of the tenant’s disappearance such as the accumulation of unopened mail, unkempt premises, or statements from neighbors. Usually, the landlord must make a good faith effort to locate the tenant for a reasonable time, usually 30 days, before reclaiming the property and disposing of or selling any of the tenant’s unclaimed possessions. 

  • Assignment of Rent 

    A clause found in trust deeds whereby rent is included as addtional security to the real property described in a trust deed. The clause transfers to the lender the right to collect rental income from the income-producing property if there is a default on the note or other secured obligation that is held by the beneficiary or lender. 

  • Complaint in Unlawful Detainer 

    A formal lawsuit used by a landlord after having given appropriate written notice to a tenant to vacate leased property within a set time based on the tenant’s breach of a material provision of the lease or by nonpayment of rent. It is typically a summary proceeding where the tenant has a shortened period to file a written answer or response to the lawsuit and to appear in court for an eviction hearing within a short period after service of the action or the filing of a response by the tenant. 

  • Contract for Deed 

    Also referred to as a land contract or installment land contract, it is a contract for the sale of real property whereby the seller finances the transaction instead of a third party lender. The seller retains legal title to the property until the contract is satisfied and can more easily cancel the contract and repossess the property should the buyer fail to make the required payments or not fulfill other obligations without the need for foreclosure action or judicial action. 

  • Covenant of Quiet Enjoyment 

    An implied covenant in every residential lease agreement that a tenant has the right to undisturbed use of the rental property including excluding others from the premises, to peace and quiet, and to a safe and clean unit along with essential services such as hot water, heat, plumbing and electricity. A breach of this convenant by a landlord may entitle the tenant to withhold rent until the conditon is remedied or to vacate the property and terminate the lease. 

  • Default Judgment 

    A court issued judgment in favor of the landlord in cases where a tenant fails to respond to a summons and complaint for unlawful detainer or other eviction action, or where the tenant fails to appear at an eviction hearing, and which allows the landlord to request an order that the tenant vacate the premises. A tenant also may receive a default judgment if the landlord fails to appear at the hearing. 

  • Demurrer 

    A legal pleading used by tenants in some eviction cases wherein a party may agree with the underlying facts of a lawsuit but objects to certain allegations or counts in a complaint by arguing that it lacks legal sufficiency, validity or does not contain enough facts to support the opposing party’s cause of action. If sustained by the court, most courts will allow the opposing party to attempt to amend its complaint to cure the deficiency. 

  • Discriminatory Eviction 

    An unlawful eviction based upon a person’s protected status, which includes race, color, creed, religion, national origin, sex, sexual preference, pregnancy, marital status, children or disability. 

  • Eviction 

    A legal or judicial process by which a landlord or landowner forces a tenant to vacate the leased property and terminate the rental agreement for failure to pay rent, to follow certain terms of the lease or who has stayed beyond the expiration of the lease term. 

  • Eviction Notice 

    A written statement that must be properly served or delivered to a tenant that contains certain language required by that jurisdiction, typically including the landlord’s declaration that the tenant has breached a specific material provision of the lease, has failed to pay a specified amount of rent on time, or committed some other substantial breach of the landlord/tenant relationship, and that the tenant must either vacate by a certain date or remedy the breach before a set date or the lease agreement will terminate. It must also state that legal proceedings will commence to expel the tenant from the leased property. 

  • Fair Housing Act 

    The Fair Housing Act is part of Title VIII of the Civil Rights Act of 1968 and was designed to eliminate bias and discrimination in renting and in home sales on the basis of a person’s personal characteristics including race, religion, creed, national origin, gender, family status or disability. Suspected violations are reported to fair housing councils in a local area, a state’s department of fair employment and housing or to a private attorney for civil remedies. 

  • Forcible Entry 

    Entry by a landlord upon leased property without the consent of the occupier or tenant. It also refers to a tenant who remains on the property after termination of the lease or after receiving written demand of possession by the landlord. 

  • Forfeiture 

    A concept whereby a landlord may claim that a tenant has forfeited his or her rights under a rental agreement because of nonpayment of rent, violation of a material provison in the lease, or by committing criminal acts on the premises. It is also a concept in land contract cases where the seller declares the buyer to have forfeited the contract if the obligations of the contract are not fulfilled or has engaged in conduct that violates the contract. 

  • Holdover 

    A holdover is a tenant who has remained on leased property after expiration of the rental term, who has used the premises for illegal activity or who has violated a provision of the lease other than nonpayment of rent. Some states use holdover petitions to evict a tenant. 

  • Landlord 

    A person or entity that leases or rents property to another person or organization and is referred to as a lessor. A landlord has certain obligations to the tenant either through a written rental agreement or which are implied or specified by state law. 

  • Lease 

    A written or implied contract with a certain duration that allows a lessee to use or occupy property subject to its terms. 

  • Lease Option 

    A contract wherein the buyer pays the seller of real property money to secure an option to purchase the property at a later time, usually at an agreed future price, and to lease the property for a set rental amount over a predetermined time. The buyer is not obligated to buy the property during the option period and no other person may buy it until the option expires. 

  • Leasehold 

    A form of temporary right to property acquired under a lease or rental agreement for a set time at a certain price or rent. A leasehold is considered personal property. 

  • Low Income Tax Credit Properties 

    An affordable housing program also known as LIHTC for low income renters that permits investors to take a dollar-for-dollar tax reduction or credits pursuant Section 42 of the tax code and which currently accounts for the majority of affordable rental housing in the US. Most tax credit projects are able to qualify for government subsidies at below market interest rates. 

  • Nuisance 

    Any conduct or activity by a tenant that usually must be egregious in nature that materially affects the health or safety of other tenants or other people in the community. This could include unhealthy habits leading to infestations of vermin or insects, foul odors, chronic excessive noise or other conduct that interferes with another person’s right to quiet enjoyment of their property. 

  • Retaliatory Eviction 

    An unlawful eviction based on a tenant’s complaining to the landlord or to a governmental agency, or for participating in or joining a tenant’s union. 

  • Section 8 Housing 

    A federal housing program that provides rental subsidies to qualified, low-income renters and homeowners who must demonstrate that their income is below 50 percent of the applicant’s area median income. A Section 8 housing voucher may be used in any housing authority in the US, regardless of where the recipient received it. 

  • Self-Eviction 

    Unlawful activities or conduct by a landlord or the landlord’s representatives that are designed to forcibly evict or cause a tenant to vacate the leased property without using the judicial process. This includes shutting off the utilities, denying the tenant access to the property, threatening the tenant or creating conditons that make the property unfit to live in. 

  • Sublease 

    A rental agreement between the tenant or lessee and a third party that allows that party, called the sublessee, to use the lessee’s rental unit or property for a set time and who is obligated to the lessee. A lessee is still responsible for paying rent to the lessor or landlord for the duration of the underlying lease term. 

  • Tenancy 

    The period of a tenant’s right to possess and use the property of another under a lease and usually upon payment of rent or the performance of services. 

  • Tenant 

    A person or entity that leases property from another and who is referred to as a lessee, who by paying rent has rights of possession and limited use of the property for a set time, usually pursuant to a written lease or oral agreement. A tenant has certain obligations to the landlord to abide by the terms of the lease. 

  • Trade Fixtures 

    An item or piece of equipment used by a tenant in his or her trade or business that may be removed from the leased business property at the expiration of the lease term. Such fixtures may ordinarily be considered part of the real property and not removeable if not for their business or trade status. 

  • Uniform Residential Landlord and Tenant Act 

    A model code or legislative act that addresses residential landlord and tenant interactions and which has been adopted with many variations by most states. The act was designed to introduce more fairness and uniformity in landlord/tenant laws and to specify the statutory obligations of tenants and landlords.

 

  • Warranty of Habitability 

    An implied obligation by the landlord in every rental agreement to provide and maintain an apartment or unit in a safe and habitable condition. This includes providing running water, electricity, heat and a structurally sound premises. The landlord’s failure to provide these services or essentials may permit a tenant to unilaterally terminate a lease, pay reduced rent, make self-repairs and deduct the costs from the rent or withhold the entire rent until the conditions are remedied. 

  • Writ of Possession 

    A court order granted after an eviction hearing or default whereby the landlord is granted possession of rental property and which advises the tenant to vacate the leased property by a certain date or be subject to forcible removal by the sheriff. A writ is served on the tenant by the sheriff or authorized law enforcement personnel. 

ORS 90.130 Obligation of good faith

Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. [Formerly 91.730]

ORS 90.135 Unconscionability

(1) If the court, as a matter of law, finds:

 

(a)A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or

 

(b)A settlement in which a party waives or agrees to forgo a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

 

(2) If unconscionability is put into issue by a party or by the court upon its own motion the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement or settlement to aid the court in making the determination. [Formerly 91.735]

ORS 90.140 Types of payments landlord may require or accept

  • written evidence of payment

 

(1) A landlord may require or accept the following types of payments:

 

(a) Applicant screening charges, pursuant to ORS 90.295 (Applicant screening charge);

 

(b) Deposits to secure the execution of a rental agreement, pursuant to ORS 90.297 (Prohibition on charging deposit or fee to enter rental agreement);

 

(c) Security deposits, pursuant to ORS 90.300 (Security deposits);

 

(d) Fees, pursuant to ORS 90.302 (Fees allowed for certain landlord expenses);

 

(e) Rent, as defined in ORS 90.100 (Definitions);

 

(f) Prepaid rent, as defined in ORS 90.100 (Definitions);

 

(g) Utility or service charges, pursuant to ORS 90.315 (Utility or service payments) (4), 90.568 (Pro rata billing) or 90.572 (Submeter billing);

 

(h) Late charges or fees, pursuant to ORS 90.260 (Late rent payment charge or fee); and

 

(i) Damages, for noncompliance with a rental agreement or ORS 90.325 (Tenant duties), under ORS 90.401 (Remedies available to landlord) or as provided elsewhere in this chapter.

 

(2) A tenant who requests a writing that evidences the tenant’s payment is entitled to receive that writing from the landlord as a condition for making the payment. The writing may be a receipt, statement of the tenant’s account or other acknowledgment of the tenant’s payment. The writing must include the amount paid, the date of payment and information identifying the landlord or the rental property. If the tenant makes the payment by mail, deposit or a method other than in person and requests the writing, the landlord shall within a reasonable time provide the tenant with the writing in a manner consistent with ORS 90.150 (Service or delivery of actual notice). [1997 c.577 §4; 1999 c.603 §7; 2001 c.596 §29; 2005 c.22 §58; 2005 c.391 §13; 2005 c.619 §16]

ORS 90.145 Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord

  • restrictions

(1) A tenant who occupies or an applicant who will occupy a dwelling unit and who conducts repairs, routine maintenance or cleaning services on that dwelling unit in exchange for a reduction in rent pursuant to a written or oral agreement with the landlord is not an employee of the landlord.

 

(2) A tenant or an applicant described in subsection (1) of this section may not conduct electrical or plumbing installation, maintenance or repair unless properly licensed under ORS 479.510 (Short title) to 479.945 (Restricted energy contractor’s license) or ORS chapter 693. The tenant or applicant is not required to obtain a plumbing contractor license under ORS 447.040 (Plumbing contractor license) to perform work under this section.

 

(3) Nothing in this section diminishes the obligations of a landlord to maintain the dwelling unit in a habitable condition under ORS 90.320 (Landlord to maintain premises in habitable condition) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition).

 

(4) Any electrical or plumbing installation, maintenance or repair work performed by a tenant or an applicant under this section must comply with ORS 447.010 (Definitions for ORS 447.010 to 447.156 and 447.992) to 447.156 (Sale of uncertified plumbing products prohibited) and 479.510 (Short title) to 479.945 (Restricted energy contractor’s license). [1995 c.773 §2; 1999 c.676 §9; 2005 c.758 §6]

ORS 90.147 Delivery of possession

For the purposes of this chapter, delivery of possession occurs:

(1)From the landlord to the tenant, when the landlord gives actual notice to the tenant that the tenant has the right under a rental agreement to occupy the dwelling unit to the exclusion of others. The right to occupy may be implied by actions such as the landlord’s delivery of the keys to the dwelling unit; and

 

(2)From the tenant to the landlord at the termination of the tenancy, when:

 

(a)The tenant gives actual notice to the landlord that the tenant has relinquished any right to occupy the dwelling unit to the exclusion of others. Relinquishment of the right to occupy may be implied by actions such as the tenant’s return of the keys to the dwelling unit;

 

(b)After the expiration date of an outstanding termination of tenancy notice or the end of a term tenancy, the landlord reasonably believes under all the circumstances that the tenant has relinquished or no longer claims the right to occupy the dwelling unit to the exclusion of others; or

 

(c)The landlord reasonably knows of the tenant’s abandonment of the dwelling unit. [1995 c.559 §9; 1999 c.603 §8]

ORS 90.148Landlord a cts that imply acceptance of tenant abandonment or relinquishment of right to occupy

The surrender of a dwelling unit may be implied from the landlord’s acceptance of a tenant’s abandonment or relinquishment of the right to occupy. The landlord’s acceptance may be demonstrated by acts of the landlord that are inconsistent with the existence of the tenancy. A landlord’s receipt of the keys to the dwelling unit or a landlord’s reasonable efforts to mitigate the landlord’s damages by attempting to rent the dwelling unit to a new tenant shall not constitute acts inconsistent with the existence of the tenancy. Reasonable efforts to mitigate damages include preparing the unit for rental. [1999 c.603 §2]

Note: 90.148 (Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

ORS 90.150 Service or delivery of actual notice

When this chapter requires actual notice, service or delivery of that notice shall be executed by one or more of the following methods:

 

(1) Verbal notice that is given personally to the landlord or tenant or left on the landlord’s or tenant’s telephone answering device.

 

(2) Written notice that is personally delivered to the landlord or tenant, left at the landlord’s rental office, sent by facsimile to the landlord’s residence or rental office or to the tenant’s dwelling unit, or attached in a secure manner to the main entrance of the landlord’s residence or tenant’s dwelling unit.

 

(3) Written notice that is delivered by first class mail to the landlord or tenant. If the notice is mailed, the notice shall be considered served three days after the date the notice was mailed.

 

(4) Any other method reasonably calculated to achieve actual receipt of notice, as agreed to and described in a written rental agreement. [1995 c.559 §3; 1997 c.577 §5; 1999 c.603 §9; 2003 c.14 §33]

ORS 90.155 Service or delivery of written notice

(1) Except as provided in ORS 90.300 (Security deposits), 90.315 (Utility or service payments), 90.425 (Disposition of personal property abandoned by tenant) and 90.675 (Disposition of manufactured dwelling or floating home left in facility), where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods:

 

(a) Personal delivery to the landlord or tenant;

 

(b) First class mail to the landlord or tenant; or

 

(c) If a written rental agreement so provides, both first class mail and attachment to a designated location. In order for a written rental agreement to provide for mail and attachment service of written notices from the landlord to the tenant, the agreement must also provide for such service of written notices from the tenant to the landlord. Mail and attachment service of written notices shall be executed as follows:

 

(A) For written notices from the landlord to the tenant, the first class mail notice copy shall be addressed to the tenant at the premises and the second notice copy shall be attached in a secure manner to the main entrance to that portion of the premises of which the tenant has possession; and

 

(B) For written notices from the tenant to the landlord, the first class mail notice copy shall be addressed to the landlord at an address as designated in the written rental agreement and the second notice copy shall be attached in a secure manner to the landlord’s designated location, which shall be described with particularity in the written rental agreement, reasonably located in relation to the tenant and available at all hours.

 

(2) If a notice is served by mail, the minimum period for compliance or termination of tenancy, as appropriate, shall be extended by three days, and the notice shall include the extension in the period provided.

 

(3) A landlord or tenant may utilize alternative methods of notifying the other so long as the alternative method is in addition to one of the service methods described in subsection (1) of this section.

 

(4) After 30 days’ written notice, a landlord may unilaterally amend a rental agreement for a manufactured dwelling or floating home that is subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) to provide for service or delivery of written notices by mail and attachment service as provided by subsection (1)(c) of this section. [Formerly 90.910; 1997 c.577 §6; 2001 c.596 §29a; 2015 c.388 §9; 2019 c.625 §50]

ORS 90.160 Calculation of notice periods

(1) Notwithstanding ORCP 10 and not including the seven-day and four-day waiting periods provided in ORS 90.394 (Termination of tenancy for failure to pay rent), where there are references in this chapter to periods and notices based on a number of days, those days shall be calculated by consecutive calendar days, not including the initial day of service, but including the last day until 11:59 p.m. Where there are references in this chapter to periods or notices based on a number of hours, those hours shall be calculated in consecutive clock hours, beginning immediately upon service.

 

(2) Notwithstanding subsection (1) of this section, for 72-hour or 144-hour nonpayment notices under ORS 90.394 (Termination of tenancy for failure to pay rent) that are served pursuant to ORS 90.155 (Service or delivery of written notice) (1)(c), the time period described in subsection (1) of this section begins at 11:59 p.m. the day the notice is both mailed and attached to the premises. The time period shall end 72 hours or 144 hours, as the case may be, after the time started to run at 11:59 p.m. [Formerly 90.402; 1997 c.577 §7; 2005 c.391 §14; 2013 c.294 §4; 2015 c.388 §1]

ORS 90.220 Terms and conditions of rental agreement

  • smoking policy

  • rent obligation, increases and payment

(1) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

 

(2) The terms of a fixed term tenancy, including the amount of rent, may not be unilaterally amended by the landlord or tenant.

 

(3) The landlord shall provide the tenant with a copy of any written rental agreement and all amendments and additions thereto.

 

(4) Except as provided in this subsection, the rental agreement must include a disclosure of the smoking policy for the premises that complies with ORS 479.305 (Smoking policy disclosure). A disclosure of smoking policy is not required in a rental agreement subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) for space in a facility as defined in ORS 90.100 (Definitions).

 

(5) Notwithstanding ORS 90.245 (Prohibited provisions in rental agreements) (1), the parties to a rental agreement to which ORS 90.100 (Definitions) to 90.465 (Right of city to recover from owner for costs of relocating tenant due to condemnation) apply may include in the rental agreement a provision for informal dispute resolution.

 

(6) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

 

(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 increases must comply with the provisions of ORS 90.323 (Maximum rent increase).

 

(b) If a rental agreement does not create a week-to-week tenancy, as defined in ORS 90.100 (Definitions), or a fixed term tenancy, the tenancy shall be a month-to-month tenancy.

 

(8) Except as provided by ORS 90.427 (Termination of tenancy without tenant cause) (11), 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 (Effect of tenant failure to give notice of absence) (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.

 

(9)

(a) Notwithstanding a provision in a rental agreement regarding the order of application of tenant payments, a landlord shall apply tenant payments in the following order:

 

(A) Outstanding rent from prior rental periods;

 

(B) Rent for the current rental period;

 

(C) Utility or service charges;

 

(D) Late rent payment charges; and

 

(E) Fees or charges owed by the tenant under ORS 90.302 (Fees allowed for certain landlord expenses) or other fees or charges related to damage claims or other claims against the tenant.

 

(b) This subsection does not apply to rental agreements subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility). [Formerly 90.240; 2009 c.127 §3; 2009 c.431 §10; 2011 c.42 §1; 2015 c.388 §10; 2016 c.53 §3; 2019 c.1 §7]

ORS 90.222 Renter’s liability insurance

(1) A landlord may require a tenant to obtain and maintain renter’s liability insurance in a written rental agreement. The amount of coverage may not exceed $100,000 per occurrence or the customary amount required by landlords for similar properties with similar rents in the same rental market, whichever is greater.

(2) Before entering a new tenancy, a landlord:

 

(a) Shall advise an applicant in writing of a requirement to obtain and maintain renter’s liability insurance and the amount of insurance required and provide a reasonable written summary of the exceptions to this requirement under subsections (8) and (9) of this section.

 

(b) May require an applicant to provide documentation of renter’s liability insurance coverage before the tenancy begins.

 

(3) For an existing month-to-month tenancy, the landlord may amend a written rental agreement to require renter’s liability insurance after giving the tenant at least 30 days’ written notice of the requirement and the written summary described in subsection (2) of this section. If the tenant does not obtain renter’s liability insurance within the 30-day period:

 

(a) The landlord may terminate the tenancy pursuant to ORS 90.392 (Termination of tenancy for cause); and

 

(b) The tenant may cure the cause of the termination as provided by ORS 90.392 (Termination of tenancy for cause) by obtaining insurance.

 

(4) A landlord may require that the tenant provide documentation:

 

(a) That the tenant has named the landlord as an interested party on the tenant’s renter’s liability insurance policy authorizing the insurer to notify the landlord of:

 

(A) Cancellation or nonrenewal of the policy;

 

(B) Reduction of policy coverage; or

 

(C) Removal of the landlord as an interested party; or

 

(b) On a periodic basis related to the coverage period of the renter’s liability insurance policy or more frequently if the landlord reasonably believes that the insurance policy is no longer in effect, that the tenant maintains the renter’s liability insurance.

 

(5) A landlord may require that a tenant obtain or maintain renter’s liability insurance only if the landlord obtains and maintains comparable liability insurance and provides documentation to any tenant who requests the documentation, orally or in writing. The landlord may provide documentation to a tenant in person, by mail or by posting in a common area or office. The documentation may consist of a current certificate of coverage. A written rental agreement that requires a tenant to obtain and maintain renter’s liability insurance must include a description of the requirements of this subsection.

 

(6)

Neither a landlord nor a tenant shall make unreasonable demands that have the effect of harassing the other with regard to providing documentation of insurance coverage.

 

(7)

A landlord may not:

 

(a) Require that a tenant obtain renter’s liability insurance from a particular insurer;

 

(b) Require that a tenant name the landlord as an additional insured or as having any special status on the tenant’s renter’s liability insurance policy other than as an interested party for the purposes described in subsection (4)(a) of this section;

 

(c) Require that a tenant waive the insurer’s subrogation rights; or

 

(d) Make a claim against the tenant’s renter’s liability insurance unless:

 

(A) The claim is for damages or costs for which the tenant is legally liable and not for damages or costs that result from ordinary wear and tear, acts of God or the conduct of the landlord;

 

(B) The claim is greater than the security deposit of the tenant, if any; and

 

(C) The landlord provides a copy of the claim to the tenant contemporaneous with filing the claim with the insurer.

 

(8) A landlord may not require a tenant to obtain or maintain renter’s liability insurance if the household income of the tenant is equal to or less than 50 percent of the area median income, adjusted for family size as measured up to a five-person family, as determined by the Oregon Housing Stability Council based on information from the United States Department of Housing and Urban Development.

 

(9)

A landlord may not require a tenant to obtain or maintain renter’s liability insurance if the dwelling unit of the tenant has been subsidized with public funds:

 

(a) Including federal or state tax credits, federal block grants authorized in the HOME Investment Partnerships Act under Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, or the Community Development Block Grant program authorized in the Housing and Community Development Act of 1974, as amended, project-based federal rent subsidy payments under 42 U.S.C. 1437f and tax-exempt bonds.

 

(b) Not including tenant-based federal rent subsidy payments under the Housing Choice Voucher Program authorized by 42 U.S.C. 1437f or any other local, state or federal rental housing assistance.

 

(10)

Subsection (9) of this section does not apply to a dwelling unit that is not subsidized even if the unit is on premises in which some dwelling units are subsidized.

 

(11)

(a) If a landlord knowingly violates this section, the tenant may recover the actual damages of the tenant or $250, whichever is greater.

 

(b) If a landlord files a frivolous claim against the renter’s liability insurance of a tenant, the tenant may recover from the landlord the actual damages of the tenant plus $500.

 

(12)

This section does not:

 

(a) Affect rights or obligations otherwise provided in this chapter or in the rental agreement.

(b) Apply to tenancies governed by ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility). [2013 c.294 §2; 2015 c.180 §38; 2015 c.388 §5]

ORS 90.228 Notice of location in 100-year flood plain

(1) As used in this section, “100-year flood plain” means the level that flood waters may be expected to equal or exceed once each 100 years, as determined by the National Flood Insurance Program of the Federal Emergency Management Agency.

 

(2) If a dwelling unit is located in a 100-year flood plain, the landlord shall provide notice in the dwelling unit rental agreement that the dwelling unit is located within the flood plain.

 

(3) If a landlord fails to provide a notice required under this section, and the tenant of the dwelling unit suffers an uninsured loss due to flooding, the tenant may recover from the landlord the lesser of the actual damages for the uninsured loss or two months’ rent. [2009 c.306 §2]

 

Note: 90.228 (Notice of location in 100-year flood plain) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

ORS 90.230 Rental agreements for occupancy of recreational vehicle in park

  • remedy for noncompliance

  • exception

(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 (Definitions for ORS 197.492 and 197.493), 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 (Termination of tenancy without tenant cause) 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 (Placement and occupancy of recreational vehicle) (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 (Termination of tenancy without tenant cause), 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 (Placement and occupancy of recreational vehicle) (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 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. [2005 c.619 §14; 2011 c.42 §1a]

ORS 90.243 Qualifications for drug and alcohol free housing

  • “program of recovery” defined

(1) A dwelling unit qualifies as drug and alcohol free housing if:

 

(a)

 

(A) For premises consisting of more than eight dwelling units, the dwelling unit is one of at least eight contiguous dwelling units on the premises that are designated by the landlord as drug and alcohol free housing dwelling units and that are each occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery; or

 

(B) For premises consisting of eight or fewer dwelling units, the dwelling unit is one of at least four contiguous dwelling units on the premises that are designated by the landlord as drug and alcohol free housing dwelling units and that are each occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery;

 

(b) The landlord is a nonprofit corporation incorporated pursuant to ORS chapter 65 or a housing authority created pursuant to ORS 456.055 (Definitions for ORS 456.055 to 456.235) to 456.235 (Dissolution of housing authorities);

 

(c) The landlord provides for the designated drug and alcohol free housing dwelling units:

 

(A) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord and guests;

 

(B) Monitoring of the tenants for compliance with the requirements described in paragraph (d) of this subsection;

 

(C) Individual and group support for recovery; and

 

(D) Access to a specified program of recovery; and

 

(d) The rental agreement for the designated drug and alcohol free housing dwelling unit is in writing and includes the following provisions:

 

(A) That the dwelling unit is designated by the landlord as a drug and alcohol free housing dwelling unit;

 

(B) That the tenant may not use, possess or share alcohol, marijuana items as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), illegal drugs, controlled substances or prescription drugs without a medical prescription, either on or off the premises;

 

(C) That the tenant may not allow the tenant’s guests to use, possess or share alcohol, marijuana items as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), illegal drugs, controlled substances or prescription drugs without a medical prescription, on the premises;

 

(D) That the tenant shall participate in a program of recovery, which specific program is described in the rental agreement;

 

(E) That on at least a quarterly basis the tenant shall provide written verification from the tenant’s program of recovery that the tenant is participating in the program of recovery and that the tenant has not used:

 

(i) Alcohol;

 

(ii) Marijuana items as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545); or

 

(iii) Illegal drugs;

 

(F) That the landlord has the right to require the tenant to take a test for drug or alcohol usage promptly and at the landlord’s discretion and expense; and

 

(G) That the landlord has the right to terminate the tenant’s tenancy in the drug and alcohol free housing under ORS 90.392 (Termination of tenancy for cause), 90.398 (Termination of tenancy for drug or alcohol violations) or 90.630 (Termination by landlord) for noncompliance with the requirements described in this paragraph.

 

(2) A dwelling unit qualifies as drug and alcohol free housing despite the premises not having the minimum number of qualified dwelling units required by subsection (1)(a) of this section if:

 

(a) The premises are occupied but have not previously qualified as drug and alcohol free housing;

 

(b) The landlord designates certain dwelling units on the premises as drug and alcohol free dwelling units;

 

(c) The number of designated drug and alcohol free housing dwelling units meets the requirement of subsection (1)(a) of this section;

 

(d) When each designated dwelling unit becomes vacant, the landlord rents that dwelling unit to, or holds that dwelling unit for occupancy by, at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery and the landlord meets the other requirements of subsection (1) of this section; and

 

(e) The dwelling unit is one of the designated drug and alcohol free housing dwelling units.

 

(3) The failure by a tenant to take a test for drug or alcohol usage as requested by the landlord pursuant to subsection (1)(d)(F) of this section may be considered evidence of drug or alcohol use.

 

(4) As used in this section, “program of recovery” means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol, cannabis or illegal drugs while living in drug and alcohol free housing. A “program of recovery” includes Alcoholics Anonymous, Narcotics Anonymous and similar programs. [1995 c.559 §7; 1997 c.577 §9; 1999 c.603 §11; 2003 c.378 §10; 2005 c.22 §59; 2005 c.391 §15; 2017 c.21 §32]

ORS 90.245 Prohibited provisions in rental agreements

  • remedy

 

(1) A rental agreement may not provide that the tenant:

 

(a) Agrees to waive or forgo rights or remedies under this chapter;

 

(b) Authorizes any person to confess judgment on a claim arising out of the rental agreement;

 

(c) Agrees to the exculpation or limitation of any liability arising as a result of the other party’s willful misconduct or negligence or to indemnify the other party for that liability or costs connected therewith; or

(d) Agrees to pay liquidated damages, except as allowed under ORS 90.302 (Fees allowed for certain landlord expenses) (2)(e).

 

(2) A provision prohibited by subsection (1) of this section included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited and attempts to enforce such provisions, the tenant may recover in addition to the actual damages of the tenant an amount up to three months’ periodic rent. [Formerly 91.745; 2009 c.431 §11

ORS 90.250 Receipt of rent without obligation to maintain premises prohibited

A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with ORS 90.320 (Landlord to maintain premises in habitable condition) (1) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition). [Formerly 91.750; 1999 c.676 §10]

ORS 90.255 Attorney fees

In any action on a rental agreement or arising under this chapter, reasonable attorney fees at trial and on appeal may be awarded to the prevailing party together with costs and necessary disbursements, notwithstanding any agreement to the contrary. As used in this section, “prevailing party” means the party in whose favor final judgment is rendered. [Formerly 91.755]

ORS 90.260 Late rent payment charge or fee

  • restrictions

  • calculation

(1) A landlord may impose a late charge or fee, however designated, only if:

 

(2) The amount of any late charge may not exceed:

 

(a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market;

 

(b) A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent, not including any late charge, is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount described in paragraph (a) of this subsection; or

 

(c)Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing and accumulating until that rent payment, not including any late charge, is paid in full, through that rental period only.

 

(3)In periodic tenancies, a landlord may change the type or amount of late charge by giving 30 days’ written notice to the tenant.

 

(4)A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment, thereby making that rent payment delinquent for imposition of a new or additional late charge or for termination of the tenancy for nonpayment under ORS 90.394 (Termination of tenancy for failure to pay rent).

 

(5)A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments pursuant to ORS 82.010 (Legal rate of interest) (2) and accruing from the date the late charge is imposed.

 

(6)Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent), but is grounds for termination of a rental agreement for cause under ORS 90.392 (Termination of tenancy for cause) or 90.630 (Termination by landlord) (1). A landlord may note the imposition of a late charge on a nonpayment of rent termination notice under ORS 90.394 (Termination of tenancy for failure to pay rent), so long as the notice states or otherwise makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge, within the allotted time.

 

(7)A late charge includes an increase or decrease in the regularly charged periodic rent payment imposed because a tenant does or does not pay that rent by a certain date. [1989 c.506 §15; 1995 c.559 §8; 1997 c.249 §30; 1997 c.577 §9a; 1999 c.603 §12; 2005 c.391 §16; 2007 c.906 §32a]

ORS 90.262 Use and occupancy rules and regulations

  • adoption

  • enforceability

  • restrictions

(1) A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant’s use and occupancy of the premises. It is enforceable against the tenant only if:

 

(a) Its purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord’s property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;

 

(b) It is reasonably related to the purpose for which it is adopted;

 

(c) It applies to all tenants in the premises in a fair manner;

 

(d) It is sufficiently explicit in its prohibition, direction or limitation of the tenant’s conduct to fairly inform the tenant of what the tenant must or must not do to comply;

 

(e) It is not for the purpose of evading the obligations of the landlord; and

 

(f) The tenant has written notice of it at the time the tenant enters into the rental agreement, or when it is adopted.

 

(2) If a rule or regulation adopted after the tenant enters into the rental agreement works a substantial modification of the bargain, it is not valid unless the tenant consents to it in writing.

 

(3) If adopted, an occupancy guideline for a dwelling unit shall not be more restrictive than two people per bedroom and shall be reasonable. Reasonableness shall be determined on a case-by-case basis. Factors to be considered in determining reasonableness include, but are not limited to:

 

(a) The size of the bedrooms;

 

(b) The overall size of the dwelling unit; and

 

(c) Any discriminatory impact on those identified in ORS 659A.421 (Discrimination in selling, renting or leasing real property prohibited).

 

(4) As used in this section:

 

(a) “Bedroom” means a habitable room that:

 

(A) Is intended to be used primarily for sleeping purposes;

 

(B) Contains at least 70 square feet; and

 

(C) Is configured so as to take the need for a fire exit into account.

 

(b) “Habitable room” means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not included. [Formerly 90.330]

ORS 90.263 Vehicle tags

A landlord may not require that a tenant display a nonremovable tag, sticker or other device on a motor vehicle that might reveal or indicate to the public the premises where the tenant resides. [1999 c.397 §2]

Note: 90.263 (Vehicle tags) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

ORS 90.265 Interest in alternative energy device installed by tenant

(1) An alternative energy device installed in a dwelling unit by a tenant with the landlord’s written permission is not a fixture in which the landlord has a legal interest, except as otherwise expressly provided in a written agreement between the landlord and tenant.

 

(2) As a condition to a grant of written permission referred to in subsection (1) of this section, a landlord may require a tenant to do one or more of the following:

 

(a)Provide a waiver of the landlord’s liability for any injury to the tenant or other installer resulting from the tenant’s or installer’s negligence in the installation of the alternative energy device;

 

(b)Secure a waiver of the right to a lien against the property of the landlord from each contractor, subcontractor, laborer and material supplier who would obtain the right to a lien when the tenant installs or causes the installation of the alternative energy device; or

 

(c)Post a bond or pay a deposit in an amount not to exceed the cost of restoring the premises to its condition at the time of installation of the alternative energy device.

 

(3) Nothing in this section:

 

(a)Authorizes the installation of an alternative energy device in a dwelling unit without the landlord’s written permission; or

 

(b)Limits a landlord’s right to recover damages and obtain injunctive relief as provided in ORS 90.401 (Remedies available to landlord).

 

(4) As used in this section, “alternative energy device” has the meaning given that term in ORS 469B.100 (Definitions for ORS 469B.100 to 469B.118). [Formerly 91.757; 1993 c.369 §32; 1995 c.559 §57; 1997 c.577 §10; 1999 c.603 §13; 2005 c.22 §60; 2005 c.391 §17]

ORS 90.275 Temporary occupancy agreement

  • terms and conditions

(1) As provided under this section, a landlord may allow an individual to become a temporary occupant of the tenant’s dwelling unit. To create a temporary occupancy, the landlord, tenant and proposed temporary occupant must enter into a written temporary occupancy agreement that describes the temporary occupancy relationship.

 

(2) The temporary occupant:

 

(a)Is not a tenant entitled to occupy the dwelling unit to the exclusion of others; and

 

(b)Does not have the rights of a tenant.

 

(3) The temporary occupancy agreement may be terminated by:

 

(a)The tenant without cause at any time; and

 

(b)The landlord only for cause that is a material violation of the temporary occupancy agreement.

 

(4) The temporary occupant does not have a right to cure a violation that causes a landlord to terminate the temporary occupancy agreement.

 

(5) Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record. The landlord may not screen the proposed temporary occupant for credit history or income level.

 

(6)A temporary occupancy agreement:

 

(a)Shall expressly include the requirements of subsections (2) to (4) of this section;

 

(b)May provide that the temporary occupant is required to comply with any applicable rules for the premises; and

 

(c)May have a specific ending date.

 

(7) The landlord, tenant and temporary occupant may extend or renew a temporary occupancy agreement or may enter into a new temporary occupancy agreement.

 

(8)A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement.

 

(9) The temporary occupant shall promptly vacate the dwelling unit if a landlord terminates a temporary occupancy agreement for material violation of the temporary occupancy agreement or if the temporary occupancy agreement ends by its terms. Except as provided in ORS 90.449 (Landlord discrimination against victim), the landlord may terminate the tenancy of the tenant as provided under ORS 90.392 (Termination of tenancy for cause) or 90.630 (Termination by landlord) if the temporary occupant fails to promptly vacate the dwelling unit or if the tenant materially violates the temporary occupancy agreement.

 

(10) A temporary occupant shall be treated as a squatter if the temporary occupant continues to occupy the dwelling unit after a tenancy has ended or after the tenant revokes permission for the occupancy by terminating the temporary occupancy agreement.

 

(11)

 

(a) A landlord may not enter into a temporary occupancy agreement for the purpose of evading landlord responsibilities under this chapter or to diminish the rights of an applicant or tenant under this chapter.

 

(b) A tenant may not become a temporary occupant in the tenant’s own dwelling unit.

 

(c) A tenancy may not consist solely of a temporary occupancy. Each tenancy must have at least one tenant. [2009 c.431 §6 and 2009 c.816 §15; 2013 c.294 §5]

ORS 90.295 Applicant screening charge

  • limitations

  • notice upon denial of tenancy

  • refund

  • remedy

(1)

 

(a) 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.

 

(b) A landlord may only require an applicant to pay a single applicant screening charge within any 60-day period, regardless of the number of rental units owned or managed by the landlord for which the applicant has applied to rent.

 

(2) The amount of any applicant screening charge must 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 must 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;

 

(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)(b) of this section;

 

(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; and

(e) Gives written notice to the applicant whether the landlord requires tenants to obtain and maintain renter’s liability insurance and, if so, the amount of insurance required.

 

(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 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) A landlord that requires an applicant screening charge must refund the applicant screening charge to the applicant within a reasonable time if the landlord:

(a)Fills the vacant dwelling unit before screening the applicant; or

(b)Does not screen the applicant for any reason.

 

(8)

 

(a) An applicant may not recover an applicant screening charge from the landlord if the tenant refuses an offer from the landlord to rent the dwelling unit.

 

(b)The applicant may recover from the landlord twice the amount of any applicant screening charge paid, plus $150, if:

 

(A)The landlord fails to comply with this section with respect to the applicant’s screening or screening charge; 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. [1993 c.369 §26; 1995 c.559 §10; 1997 c.577 §11; 1999 c.603 §14; 2011 c.42 §2; 2013 c.294 §6; 2019 c.251 §1]

ORS 90.297 Prohibition on charging deposit or fee to enter rental agreement

  • exceptions

  • deposit allowed for securing execution of rental agreement

  • remedy

(1) Except as provided in ORS 90.295 (Applicant screening charge) 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.

 

(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.

 

(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.

 

(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.

 

(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 $150. [1995 c.559 §11; 2001 c.596 §30; 2011 c.42 §3]

ORS 90.300 Security deposits

  • prepaid rent

(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 86.782 (Sale of property) (10), 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.

 

(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.

 

(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 (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.

 

(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 (7) of this section.

 

(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:

 

(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 or replaced after the previous tenancy or the most recent significant use of the carpet and 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 (Delivery of possession).

 

(B) Loss of use of the dwelling unit during the performance of necessary cleaning or repairs for which the tenant is responsible under this subsection if the cleaning or repairs are performed in a timely manner.

 

(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.

 

(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 (Termination of tenancy for failure to pay rent);

 

(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.

 

(10) A landlord shall account for and refund as provided in subsections (12) to (14) of this section any portion of a last month’s rent deposit the landlord does not apply as provided under subsection (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.

 

(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 (Effect of rental of dwelling in violation of building or housing codes) and 105.120 (Notice necessary to maintain action in certain cases) (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.

 

(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.

 

(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 (11) and (12) of this section not later than 31 days after the tenancy terminates and the tenant delivers possession to the landlord.

 

(14) The landlord shall give the written accounting required under subsection (12) of this section or shall return the security deposit or prepaid rent as required by subsection (13) of this section by personal delivery or by first class mail.

 

(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 (Disposition of personal property abandoned by tenant) (2) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (2), the 31-day period described in subsections (12) and (13) of this section commences on the earliest of:

 

(a) Waiver of the abandoned property process under ORS 90.425 (Disposition of personal property abandoned by tenant) (26) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (24);

 

(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 (Disposition of personal property abandoned by tenant) (10)(b) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10)(b); or

 

(d) Sale of the manufactured dwelling or floating home pursuant to ORS 90.425 (Disposition of personal property abandoned by tenant) (10)(a) or 90.675 (Disposition of manufactured dwelling or floating home left in facility) (10)(a).

 

(16) If the landlord fails to comply with subsection (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 (12) of this section; or

 

(b) Withheld in bad faith.

 

(17)

 

(a) A security deposit or prepaid rent in the possession of the landlord is not garnishable property, as provided in ORS 18.618 (Property not subject to garnishment).

 

(b) If a landlord delivers a security deposit or prepaid rent to a garnishor in violation of ORS 18.618 (Property not subject to garnishment) (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 (Response required) is delivered to the tenant under ORS 18.690 (Delivery of garnishee response) 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 (11) of this section.

 

(18) This section does not preclude the landlord or tenant from recovering other damages under this chapter. [Formerly 91.760; 1993 c.369 §4; 1995 c.559 §12; 1997 c.577 §13; 1999 c.603 §15; 2001 c.596 §31; 2003 c.658 §3; 2005 c.391 §3; 2007 c.496 §7; 2007 c.906 §37; 2009 c.431 §12; 2010 c.28 §5; 2011 c.42 §4; 2011 c.510 §5; 2013 c.294 §7; 2015 c.217 §16; 2019 c.625 §51]

ORS 90.302 Fees allowed for certain landlord expenses

  • accounting not required

  • fees for noncompliance with written rules

  • tenant remedies

(1) A landlord may not charge a fee at the beginning of the tenancy for an anticipated landlord expense and may not require the payment of any fee except as provided in this section. A fee must be described in a written rental agreement.

 

(2) A landlord may charge a tenant a fee for each occurrence of the following:

(a) A late rent payment, pursuant to ORS 90.260 (Late rent payment charge or fee).

(b) A dishonored check, pursuant to ORS 30.701 (Actions against maker of dishonored check) (5). The amount of the fee may not exceed the amount described in ORS 30.701 (Actions against maker of dishonored check) (5) plus any amount that a bank has charged the landlord for processing the dishonored check.

(c) Removal or tampering with a properly functioning smoke alarm, smoke detector or carbon monoxide alarm, as provided in ORS 90.325 (Tenant duties) (2). The landlord may charge a fee of up to $250 unless the State Fire Marshal assesses the tenant a civil penalty for the conduct under ORS 479.990 (Penalties) or under ORS 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725) to 105.842 (Tampering with carbon monoxide alarm) and 476.725 (Statewide standards for residential carbon monoxide alarms).

(d) The violation of a written pet agreement or of a rule relating to pets in a facility, pursuant to ORS 90.530 (Pets in facilities).

(e) The abandonment or relinquishment of a dwelling unit during a fixed term tenancy without cause. The fee may not exceed one and one-half times the monthly rent. A landlord may not assess a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS 90.453 (Termination by tenant who is victim of domestic violence, sexual assault or stalking) (2), 90.472 (Termination by tenant called into active state service by Governor) or 90.475 (Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration). If the landlord assesses a fee under this paragraph:

(A) The landlord may not recover unpaid rent for any period of the fixed term tenancy beyond the date that the landlord knew or reasonably should have known of the abandonment or relinquishment;

(B) The landlord may not recover damages related to the cost of renting the dwelling unit to a new tenant; and

(C) ORS 90.410 (Effect of tenant failure to give notice of absence) (3) does not apply to the abandonment or relinquishment.

 

(3)

(a) A landlord may charge a tenant a fee under this subsection for a second noncompliance or for a subsequent noncompliance with written rules or policies that describe the prohibited conduct and the fee for a second noncompliance, and for any third or subsequent noncompliance, that occurs within one year after a written warning notice described in subparagraph (A) of this paragraph. Except as provided in paragraph (b)(G) or (H) of this subsection, the fee may not exceed $50 for the second noncompliance within one year after the warning notice for the same or a similar noncompliance or $50 plus five percent of the rent payment for the current rental period for a third or subsequent noncompliance within one year after the warning notice for the same or a similar noncompliance. The landlord:

 

(A) Shall give a tenant a written warning notice that describes:

 

(i) A specific noncompliance before charging a fee for a second or subsequent noncompliance for the same or similar conduct; and

 

(ii) The amount of the fee for a second noncompliance, and for any subsequent noncompliance, that occurs within one year after the warning notice.

 

(B) Shall give a tenant a written notice describing the noncompliance when assessing a fee for a second or subsequent noncompliance that occurs within one year after the warning notice.

 

(C) Shall give a warning notice for a noncompliance or assess a fee for a second or subsequent noncompliance within 30 days after the act constituting noncompliance.

 

(D) May terminate a tenancy for a noncompliance consistent with this chapter instead of assessing a fee under this subsection, but may not assess a fee and terminate a tenancy for the same noncompliance.

 

(E) May not deduct a fee assessed pursuant to this subsection from a rent payment for the current or a subsequent rental period.

 

(b) A landlord may charge a tenant a fee for occurrences of noncompliance with written rules or policies as provided in paragraph (a) of this subsection for the following types of noncompliance:

 

(A) The late payment of a utility or service charge that the tenant owes the landlord as described in ORS 90.315 (Utility or service payments).

 

(B) Failure to clean up pet waste from a part of the premises other than the dwelling unit.

 

(C) Failure to clean up the waste of a service animal or a companion animal from a part of the premises other than the dwelling unit.

 

(D) Failure to clean up garbage, rubbish and other waste from a part of the premises other than the dwelling unit.

 

(E) Parking violations.

 

(F) The improper use of vehicles within the premises.

 

(G) Smoking in a clearly designated nonsmoking unit or area of the premises. The fee for a second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord may not assess this fee before 24 hours after the required warning notice to the tenant.

 

(H) Keeping on the premises an unauthorized pet capable of causing damage to persons or property, as described in ORS 90.405 (Effect of tenant keeping unpermitted pet). The fee for a second or any subsequent noncompliance under this subparagraph may not exceed $250. A landlord may not assess this fee before 48 hours after the required warning notice to the tenant.

 

(4) A landlord may not be required to account for or return to the tenant any fee.

 

(5) Except as provided in subsection (2)(e) of this section, a landlord may not charge a tenant any form of liquidated damages, however designated.

 

(6) Nonpayment of a fee is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent), but is grounds for termination of a rental agreement for cause under ORS 90.392 (Termination of tenancy for cause) or 90.630 (Termination by landlord) (1).

 

(7) This section does not apply to:

 

(a) Attorney fees awarded pursuant to ORS 90.255 (Attorney fees);

 

(b) Applicant screening charges paid pursuant to ORS 90.295 (Applicant screening charge);

 

(c) Charges for improvements or other actions that are requested by the tenant and are not required of the landlord by the rental agreement or by law, including the cost to replace a key lost by a tenant;

 

(d) Processing fees charged to the landlord by a credit card company and passed through to the tenant for the use of a credit card by the tenant to make a payment when:

 

(A) The credit card company allows processing fees to be passed through to the credit card holder; and

 

(B) The landlord allows the tenant to pay in cash or by check;

 

(e) A requirement by a landlord in a written rental agreement that a tenant obtain and maintain renter’s liability insurance pursuant to ORS 90.222 (Renter’s liability insurance); or

 

(f) Assessments, as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783) and 100.005 (Definitions), for a dwelling unit that is within a homeowners association organized under ORS 94.625 (Formation of homeowners association) or an association of unit owners organized under ORS 100.405 (Association of unit owners), respectively, if:

 

(A) The assessments are imposed by the association on a landlord who owns a dwelling unit within the association and the landlord passes the assessments through to a tenant of the unit;

 

(B) The assessments are imposed by the association on any person for expenses related to moving into or out of a unit located within the association;

 

(C) The landlord sets forth the assessment requirement in the written rental agreement at the commencement of the tenancy; and

 

(D) The landlord gives a copy of the assessment the landlord receives from the association to the tenant before or at the time the landlord charges the tenant.

 

(8) If a landlord charges a tenant a fee in violation of this section, the tenant may recover twice the actual damages of the tenant or $300, whichever is greater. This penalty does not apply to fees described in subsection (2) of this section.

 

(9) The landlord may unilaterally amend a rental agreement for a facility subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) to impose fees authorized by subsection (3) of this section upon a 90-day written notice to the tenant, except that a marina landlord may not impose a noncompliance fee for parking under subsection (3)(b)(E) of this section. [1995 c.559 §13; 1997 c.577 §14; 1999 c.307 §19; 1999 c.603 §16; 2005 c.391 §18; 2009 c.431 §13; 2009 c.591 §11; 2013 c.294 §8; 2015 c.388 §3; 2016 c.53 §4; 2019 c.625 §37]

ORS 90.303 Evaluation of applicant

(1) When evaluating an applicant, a landlord may not consider an action to recover possession pursuant to ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) if the action:

 

(a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application.

 

(b) Resulted in a general judgment against the applicant that was entered five or more years before the applicant submits the application.

 

(2) When evaluating the applicant, a landlord may not consider a previous arrest of the applicant if the arrest did not result in a conviction. This subsection does not apply if the arrest has resulted in charges for criminal behavior as described in subsection (3) of this section that have not been dismissed at the time the applicant submits the application.

 

(3) When evaluating the applicant, the landlord may not consider criminal conviction and charging history unless the conviction or pending charge is for conduct that is:

 

(a) A drug-related crime, but not including convictions based solely on the use or possession of marijuana;

 

(b) A person crime;

 

(c) A sex offense;

 

(d) A crime involving financial fraud, including identity theft and forgery; or

 

(e) Any other crime if the conduct for which the applicant was convicted or charged is of a nature that would adversely affect:

 

(A) Property of the landlord or a tenant; or

 

(B) The health, safety or right to peaceful enjoyment of the premises of residents, the landlord or the landlord’s agent.

 

(4) When evaluating an applicant, a landlord may not consider the possession of a medical marijuana card or status as a medical marijuana patient. [2013 c.294 §3; 2019 c.268 §1]

ORS 90.304 Statement of reasons for denial

  • remedy for noncompliance

(1) If a landlord requires an applicant to pay an applicant screening charge and the application is denied, or if an applicant makes a written request following the landlord’s denial of an application, the landlord must promptly provide the applicant with a written statement of one or more reasons for the denial.

 

(2) The landlord’s statement of reasons for denial required by subsection (1) of this section may consist of a form with one or more reasons checked off. The reasons may include, but are not limited to, the following:

 

(a) Rental information, including:

 

(A) Negative or insufficient reports from references or other sources.

 

(B) An unacceptable or insufficient rental history, such as the lack of a reference from a prior landlord.

 

(C) A prior action for possession under ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) that resulted in a general judgment for the plaintiff or an action for possession that has not yet resulted in dismissal or general judgment.

 

(D) Inability to verify information regarding a rental history.

 

(b) Criminal records, including:

 

(A) An unacceptable criminal history.

 

(B) Inability to verify information regarding criminal history.

 

(c) Financial information, including:

 

(A) Insufficient income.

 

(B) Negative information provided by a consumer credit reporting agency.

 

(C) Inability to verify information regarding credit history.

 

(d)Failure to meet other written screening or admission criteria.

 

(e) The dwelling unit has already been rented.

 

(3) If a landlord fails to comply with this section, the applicant may recover from the landlord $100. [2005 c.391 §31]

ORS 90.305 Disclosure of certain matters

  • retention of rental agreement

  • inspection of agreement

(1) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

 

(a) The person authorized to manage the premises; and

 

(b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.

 

(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.

 

(3) A person who is authorized to manage the premises, or to enter into a rental agreement, and fails to comply with subsection (1) of this section becomes an agent of each person who is a landlord for service of process and receiving and receipting for notices and demands.

 

(4)

(a) A landlord shall retain a copy of each rental agreement at the resident manager’s office or at the address provided to the tenant under subsection (1)(a) of this section.

 

(b) A tenant may request to see the rental agreement and, within a reasonable time, the landlord shall make the agreement available for inspection. At the request of the tenant and upon payment of a reasonable charge, not to exceed the lesser of 25 cents per page or the actual copying costs, the landlord shall provide the tenant with a copy of the rental agreement. This subsection shall not diminish the landlord’s obligation to furnish the tenant an initial copy of the rental agreement and any amendments under ORS 90.220 (Terms and conditions of rental agreement) (3). [Formerly 91.765; 1993 c.369 §5; 1999 c.603 §17; 2003 c.378 §11]

ORS 90.310 Disclosure of legal proceedings

  • tenant remedies for failure to disclose

  • liability of manager

(1) If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord shall disclose that circumstance to the tenant in writing before the execution of the rental agreement:

 

(a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee’s sale under a trust deed;

 

(b) Any pending suit to foreclose a mortgage, trust deed or vendor’s lien under a contract of sale;

 

(c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or

 

(d) Any pending proceeding to foreclose a tax lien.

 

(2) If the tenant moves as a result of a circumstance that the landlord failed to disclose as required by subsection (1) of this section, the tenant may recover twice the actual damages or twice the monthly rent, whichever is greater, and all prepaid rent, in addition to any other remedy that the law may provide.

 

(3) This section shall not apply to premises managed by a court appointed receiver.

 

(4) A manager who has complied with ORS 90.305 (Disclosure of certain matters) shall not be liable for damages under this section if the manager had no knowledge of the circumstances that gave rise to a duty of disclosure under subsection (1) of this section. [Formerly 91.766; 1997 c.249 §31]

ORS 90.315 Utility or service payments

  • additional charges

  • responsibility for utility or service

  • remedies

(1)

As used in this section:

(a)

“Public service” means municipal services and the provision of public resources related to the dwelling unit, including street maintenance, transportation improvements, public transit, public safety and parks and open space.

 

(b)

(A) “Public service charge” means a charge imposed on a landlord by a utility or service provider, by a utility or service provider on behalf of a local government or directly by a local government.

 

(B)

“Public service charge” does not include real property taxes, income taxes, business license fees or dwelling inspection fees.

 

(c)

“Sewer service” includes storm water service and wastewater service.

 

(d)

“Utility or service” includes but is not limited to electricity, natural or liquid propane gas, oil, water, hot water, heat, air conditioning, cable television, direct satellite or other video subscription services, Internet access or usage, sewer service, public services and garbage collection and disposal.

 

(2)

The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that benefits, directly, the landlord or other tenants. A tenant’s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant’s dwelling unit.

 

(3)

If the landlord knowingly fails to disclose those matters required under subsection (2) of this section, the tenant may recover twice the actual damages sustained or one month’s rent, whichever is greater.

 

(4)

(a) Except for tenancies covered by ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility), if a written rental agreement so provides, a landlord may require a tenant to pay to the landlord a utility or service charge or a public service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly, or for a public service provided indirectly, to the tenant’s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant’s dwelling unit.

 

(b)

 

(A) If a rental agreement provides that a landlord may require a tenant to pay a utility or service charge, the landlord must bill the tenant in writing for the utility or service charge within 30 days after receipt of the provider’s bill. If the landlord includes in the bill to the tenant a statement of the rent due, the landlord must separately and distinctly state the amount of the rent and the amount of the utility or service charge.

 

(B)

The landlord must provide to the tenant, in the written rental agreement or in a bill to the tenant, an explanation of:

(i)

The manner in which the provider assesses a utility or service charge; and

(ii)

The manner in which the charge is allocated among the tenants if the provider’s bill to the landlord covers multiple tenants.

 

(C)

The landlord must:

 

(i) Include in the bill to the tenant a copy of the provider’s bill; or

 

(ii) If the provider’s bill is not included, state that the tenant may inspect the provider’s bill at a reasonable time and place and that the tenant may obtain a copy of the provider’s bill by making a request to the landlord during the inspection and upon payment to the landlord for the reasonable cost of making copies.

 

(D) A landlord may require that a bill to the tenant for a utility or service charge is due upon delivery of the bill. A landlord shall treat the tenant’s payment as timely for purposes of ORS 90.302 (Fees allowed for certain landlord expenses) (3)(b)(A) if the payment is made by a date that is specified in the bill and that is not less than 30 days after delivery of the bill.

 

(E)If a written rental agreement so provides, the landlord may deliver a bill to the tenant as provided in ORS 90.155 (Service or delivery of written notice) or by electronic means.

 

(c) Except as provided in this paragraph, a utility or service charge may only include the cost of the utility or service as billed to the landlord by the provider. A landlord may add an additional amount to a utility or service charge billed to the tenant if:

 

(A)The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage;

 

(B) The additional am 

The total of the utility or service charge and the additional amount is less than the typical periodic cost the tenant would incur if the tenant contracted directly with the provider for the cable television, direct satellite or other video subscription services or for Internet access or usage;

 

(D) The written rental agreement providing for the utility or service charge describes the additional amount separately and distinctly from the utility or service charge; and

(E) Any billing or notice from the landlord regarding the utility or service charge lists the additional amount separately and distinctly from the utility or service charge.

 

(d)

 

(A) A landlord must provide 60 days’ written notice to a tenant before the landlord may amend an existing rental agreement for a month-to-month tenancy to require a tenant to pay a public service charge that was adopted by a utility or service provider or a local government within the previous six months.

 

(B) A landlord may not hold a tenant liable for a public service charge billed to a previous tenant.

 

(C) A landlord may not require a tenant to agree to the amendment of an existing rental agreement, and may not terminate a tenant for refusing to agree to the amendment of a rental agreement, if the amendment would obligate the tenant to pay an additional amount for cable television, direct satellite or other video subscription services or for Internet access or usage as provided under paragraph (c) of this subsection.

 

(e) A utility or service charge, including any additional amount added pursuant to paragraph (c) of this subsection, is not rent or a fee. Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 (Termination of tenancy for failure to pay rent) but is grounds for termination of a rental agreement for cause under ORS 90.392 (Termination of tenancy for cause).

 

(f) If a landlord fails to comply with paragraph (a), (b), (c) or (d) of this subsection, the tenant may recover from the landlord an amount equal to one month’s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater.

 

(5)

(a) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service prior to moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

 

(A) Pay the outstanding amount and deduct the amount from the rent;

 

(B) Enter into a mutual agreement with the landlord to resolve the lack of service; or

 

(C) Immediately terminate the rental agreement by giving the landlord actual notice and the reason for the termination.

 

(b) If the tenancy terminates, the landlord shall return all moneys paid by the tenant as deposits, rent or fees within four days after termination.

 

(6) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service after moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:

 

(a) Pay the outstanding amount and deduct the amount from the rent; or

 

(b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service or the availability of service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

 

(A) Within four days after termination, all rent and fees; and

 

(B) All of the security deposit owed to the tenant under ORS 90.300 (Security deposits).

 

(7) If a landlord, under the rental agreement, is responsible for a utility or service and the utility or service is shut off due to a nonpayment of an outstanding amount, the tenant may either:

 

(a)Pay the outstanding balance and deduct the amount from the rent; or

 

(b)Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:

 

(A)Within four days after termination, all rent prepaid for the month in which the termination occurs prorated from the date of termination or the date the tenant vacates the premises, whichever is later, and any other prepaid rent; and

 

(B)All of the security deposit owed to the tenant under ORS 90.300 (Security deposits).

 

(8) If a landlord fails to return to the tenant the moneys owed as provided in subsection (5), (6) or (7) of this section, the tenant shall be entitled to twice the amount wrongfully withheld.

 

(9) This section does not preclude the tenant from pursuing any other remedies under this chapter. [Formerly 91.767; 1993 c.786 §2; 1995 c.559 §14; 1997 c.577 §16; 1999 c.603 §18; 2005 c.391 §19; 2009 c.816 §4a; 2011 c.503 §7; 2015 c.388 §8]

ORS 90.316 Carbon monoxide alarm

(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 into a rental agreement creating a new tenancy in the dwelling unit 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 a new tenant with alarm testing instructions as described in ORS 90.317 (Repair or replacement of carbon monoxide alarm).

 

(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. [2009 c.591 §10; 2011 c.42 §5]

ORS 90.317 Repair or replacement of carbon monoxide alarm

(1) A landlord shall ensure that 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.

 

(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 (Landlord to maintain premises in habitable condition). [2009 c.591 §5; 2011 c.42 §7]

 

Note: 90.317 (Repair or replacement of carbon monoxide alarm) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

ORS 90.318 Criteria for landlord provision of certain recycling services

 

(1) In a city or the county within the urban growth boundary of a city that has implemented multifamily recycling service, a landlord who has five or more residential dwelling units on a single premises or five or more manufactured dwellings in a single facility shall at all times during tenancy provide to all tenants:

 

(a) A separate location for containers or depots for at least four principal recyclable materials or for the number of materials required to be collected under the residential on-route collection program, whichever is less, adequate to hold the reasonably anticipated volume of each material;

 

(b) Regular collection service of the source separated recyclable materials; and

 

(c) Notice at least once a year of the opportunity to recycle with a description of the location of the containers or depots on the premises and information about how to recycle. New tenants shall be notified of the opportunity to recycle at the time of entering into a rental agreement.

 

(2) As used in this section, “recyclable material” and “source separate” have the meaning given those terms in ORS 459.005 (Definitions for ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665). [1991 c.385 §16]

ORS 90.320 Landlord to maintain premises in habitable condition

  • agreement with tenant to maintain premises

(1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

 

(a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

 

(b) Plumbing facilities that conform to applicable law in effect at the time of installation, and maintained in good working order;

 

(c) A water supply approved under applicable law that is:

 

(A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

 

(B) Furnished to appropriate fixtures;

 

(C) Connected to a sewage disposal system approved under applicable law; and

 

(D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

 

(d) Adequate heating facilities that conform to applicable law at the time of installation and maintained in good working order;

 

(e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and maintained in good working order;

 

(f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

 

(g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

 

(h) Floors, walls, ceilings, stairways and railings maintained in good repair;

 

(i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

 

(j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270 (Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector), but not to include the tenant’s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (Tenant duties) (1);

 

(k) A carbon monoxide alarm, and 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; or

 

(l) Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises that the tenant is entitled under the rental agreement to occupy to the exclusion of others and keys for those locks that require keys.

 

(2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

 

(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

 

(b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

 

(c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

 

(3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place shall not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility shall be governed by ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), not by this section. [Formerly 91.770; 1993 c.369 §6; 1995 c.559 §15; 1997 c.249 §32; 1997 c.577 §17; 1999 c.307 §20; 1999 c.676 §11; 2009 c.591 §12; 2013 c.294 §9]

ORS 90.322 Landlord or agent access to premises

  • remedies

(1)A landlord or, to the extent provided in this section, a landlord’s agent may enter into the tenant’s dwelling unit or any portion of t he premises under the tenant’s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord’s agent is limited as follows:

 

(a) A landlord or landlord’s agent may enter upon the premises under the tenant’s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.

 

(b) In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant’s exclusive control without consent of the tenant, without notice to the tenant and at any time. “Emergency” includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant’s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.

 

(c) If the tenant requests repairs or maintenance in writing, the landlord or landlord’s agent, without further notice, may enter upon demand, in the tenant’s absence or without the tenant’s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant’s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant’s written request expires after seven days, unless the repairs are in progress and the landlord or landlord’s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.

 

(d) A landlord and tenant may agree that the landlord or the landlord’s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:

 

(A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises;

 

(B) Is reflected in a writing separate from the rental agreement and signed by both parties; and

 

(C) Is supported by separate consideration recited in the agreement.

 

(e)

(A) If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises:

 

(i) A landlord and tenant may agree that the landlord or landlord’s agent may enter for that purpose upon the premises under the tenant’s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.

 

(ii) A tenant may deny consent for a landlord or landlord’s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord’s agent prior to, or at the time of, the attempted entry.

 

(B) As used in this paragraph:

 

(i) “Yard maintenance or grounds keeping” includes, but is not limited to, weeding, mowing grass and pruning trees and shrubs.

 

(ii) “Unreasonable time” refers to a time of day, day of the week or particular time that conflicts with the tenant’s reasonable and specific plans to use the premises.

 

(f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours’ actual notice of the intent of the landlord to enter and the landlord or landlord’s agent may enter only at reasonable times. The landlord or landlord’s agent may not enter if the tenant, after receiving the landlord’s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord’s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord’s agent to enter.

 

(2) A landlord may not abuse the right of access or use it to harass the tenant. A tenant may not unreasonably withhold consent from the landlord to enter.

 

(3) This section does not apply to tenancies consisting of a rental of space in a facility for a manufactured dwelling or floating home under ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility).

 

(4) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility) because the space is not in a facility, this section shall allow access only to the rented space and not to the dwelling or home.

 

(5) A landlord has no other right of access except:

 

(a) Pursuant to court order;

 

(b) As permitted by ORS 90.410 (Effect of tenant failure to give notice of absence) (2); or

 

(c) When the tenant has abandoned or relinquished the premises.

 

(6) If a landlord is required by a governmental agency to enter a dwelling unit or any portion of the premises under a tenant’s exclusive control, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord may not be found in violation of any state statute or local ordinance due to the failure.

 

(7) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement under ORS 90.392 (Termination of tenancy for cause) and take possession as provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings). In addition, the landlord may recover actual damages.

 

(8) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) (1). In addition, the tenant may recover actual damages not less than an amount equal to one week’s rent in the case of a week-to-week tenancy or one month’s rent in all other cases. [Formerly 90.335; 1997 c.577 §18; 1999 c.603 §19; 1999 c.676 §12; 2005 c.391 §20]

ORS 90.323 Maximum rent increase

  • exceptions

  • notice

(1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase.
 

(2) For purposes of this section, the term “consumer price index” refers to the annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor in September of the prior calendar year.
 

(3) During any tenancy other than week-to-week, the landlord may not increase the rent:
 

(a)During the first year after the tenancy begins.
 

(b)At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase.
 

(c)During any 12-month period, in an amount greater than seven percent plus the consumer price index above the existing rent except as permitted under subsection (7) of this section.
 

(4) The notices required under this section must specify:
 

(a)The amount of the rent increase;
 

(b)The amount of the new rent;
 

(c)Facts supporting the exemption authorized by subsection (7) of this section, if the increase is above the amount allowed in subsection (3)(c) of this section; and
 

(d)The date on which the increase becomes effective.
 

(5) This section does not apply to tenancies governed by ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility).
 

(6) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS 90.427 (Termination of tenancy without tenant cause) (3) or (4) during the first year of a tenancy may not reset rent for the next tenancy in an amount greater than seven percent plus the consumer price index above the previous rent.
 

(7) A landlord is not subject to subsection (3)(c) or (6) of this section when:
 

(a)The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or
 

(b)The landlord is providing reduced rent to the tenant as part of a federal, state or local program or subsidy.
 

(8)A landlord that increases rent in violation of subsection (3)(c) or (6) of this section is liable to the tenant in an amount equal to three months’ rent plus actual damages suffered by the tenant. [2016 c.53 §2; 2019 c.1 §2]
 

Note: 90.323 (Maximum rent increase) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

ORS 90.324Calculation of maximum rent increase

  • publication

(1) No later than September 30th of each year, the Oregon Department of Administrative Services shall calculate the maximum annual rent increase percentage allowed by ORS 90.323 (Maximum rent increase) (3) or 90.600 (Increases in rent) (2) for the following calendar year as seven percent plus the September annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region (All Items), as most recently published by the Bureau of Labor Statistics of the United States Department of Labor.

 

(2) No later than September 30th of each year, the Oregon Department of Administration Services shall publish the maximum annual rent increase percentage calculated pursuant to subsection (1) of this section, along with the provisions of ORS 90.323 (Maximum rent increase) and 90.600 (Increases in rent), in a press release.

 

(3) The department shall maintain publicly available information on its website about the maximum annual rent increase percentage for the previous calendar year and for the current calendar year and, on or after September 30th of each year, for the following calendar year. [2019 c.1 §5]

 

Note: 90.324 (Calculation of maximum rent increase) was added to and made a part of ORS chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.