reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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) Other written notice under ORS 90.155. 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; 2023 c.296 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.160 - Calculation of periods or notices.

Notwithstanding ORCP 10:
(1) For references in this chapter to periods or notices based on a number of days, those days must be calculated by consecutive calendar days, not including the initial day of service, but including the last day until 11:59 p.m.
(2) For references in this chapter to periods or notices based on a number of hours, those hours must be calculated in consecutive clock hours, beginning:
(a) Immediately upon service, except as provided in paragraph (b) of this subsection; or
(b) For notices to terminate a tenancy, at 11:59 p.m. the day that:
(A) A notice given under ORS 90.155 (1)(c) is both mailed and attached to the premises; or
(B) A notice given under ORS 90.155 (5) is both mailed and sent by electronic mail. [Formerly 90.402; 1997 c.577 §7; 2005 c.391 §14; 2013 c.294 §4; 2015 c.388 §1; 2020 s.s.3 c.3 §11; 2023 c.296 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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 or mobile home park, as defined in ORS 446.003, or recreational vehicle park, as defined in ORS 197.492, the landlord shall provide a written rental agreement for a month-to-month, week-to-week or fixed-term tenancy. The rental agreement must state:
(a) If applicable, that the tenancy may be terminated by the landlord under ORS 90.427 without cause upon 30 or 60 days’ written notice for a month-to-month tenancy or upon 10 days’ written notice for a week-to-week tenancy.
(b) That any accessory building or structure paid for or provided by the tenant belongs to the tenant and is subject to a demand by the landlord that the tenant remove the building or structure upon termination of the tenancy.
(c) That the tenancy is subject to the requirements of ORS 197.493 (1) for exemption from placement and occupancy restrictions.
(2) If a tenant described in subsection (1) of this section moves following termination of the tenancy by the landlord under ORS 90.427, and the landlord failed to provide the required written rental agreement before the beginning of the tenancy, the tenant may recover the tenant’s actual damages or twice the periodic rent, whichever is greater.
(3) If the occupancy fails at any time to comply with the requirements of ORS 197.493 (1) for exemption from placement and occupancy restrictions, and a state agency or local government requires the tenant to move as a result of the noncompliance, the tenant may recover the tenant’s actual damages or twice the 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; 2022 c.54 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.240

[Formerly 91.740; 1993 c.369 §3; 1995 c.559 §6; 1997 c.577 §8; 1999 c.603 §10; 2003 c.378 §9; renumbered 90.220 in 2005]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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 (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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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 (1) or 90.730. [Formerly 91.750; 1999 c.676 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.260 - Late rent payment charge or fee; restrictions; calculation.

(1) A landlord may impose a late charge or fee, however designated, only if:
(a) The rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable; and
(b) There exists a written rental agreement that specifies:
(A) The tenant’s obligation to pay a late charge on delinquent rent payments;
(B) The type and amount of the late charge, as described in subsection (2) of this section; and
(C) The date on which rent payments are due and the date or day on which late charges become due.
(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.
(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments pursuant to ORS 82.010 (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, but is grounds for termination of a rental agreement for cause under ORS 90.392 or 90.630 (1). A landlord may note the imposition of a late charge on a nonpayment of rent termination notice under ORS 90.394, 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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.
(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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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.
(4) As used in this section, "alternative energy device" has the meaning given that term in ORS 469B.100. [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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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, the landlord may terminate the tenancy of the tenant as provided under ORS 90.392 or 90.630 if the temporary occupant fails to promptly vacate the dwelling unit or if the tenant materially violates the temporary occupancy agreement.
(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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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 (3). [Formerly 91.765; 1993 c.369 §5; 1999 c.603 §17; 2003 c.378 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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.
(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]
Note:
See 105.844.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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. [2009 c.591 §5; 2011 c.42 §7]
Note:
90.317 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.
Note:
See 105.844.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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 materials designated for recycling collection on the uniform statewide collection list established under ORS 459A.914, 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. [1991 c.385 §16; 2021 c.681 §57]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 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) 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) More than once in any 12-month period.
(d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (1).
(3) 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 (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and
(d) The date on which the increase becomes effective.
(4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS 90.427 (3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section.
(5) A landlord is not subject to subsection (2)(d) or (4) of this section if:
(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 dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent:
(A) Does not increase the tenant’s portion of the rent; or
(B) Is required by program eligibility requirements or by a change in the tenant’s income.
(6) A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months’ rent plus actual damages suffered by the tenant.
(7) This section does not apply to tenancies governed by ORS 90.505 to 90.850. [2016 c.53 §2; 2019 c.1 §2; 2021 c.252 §1; 2023 c.226 §4]
Note:
90.323 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.324 - Calculation 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 (2) or 90.600 (1) for the following calendar year as the lesser of:
(a) Ten percent; or
(b) 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 Administrative 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 and 90.600, 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; 2023 c.226 §3]
Note:
90.324 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.325 - Tenant duties.

(1) The tenant shall:
(a) Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended.
(b) Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.
(c) Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386, the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.
(d) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.
(e) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.
(f) Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.
(g) Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.
(2) A tenant may not:
(a) Remove or tamper with a smoke alarm, smoke detector or carbon monoxide alarm as described in ORS 105.842 or 479.300.
(b) Deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so.
(c) Remove, obstruct or tamper with a sprinkler head used for fire suppression.
(3) A tenant is not responsible for damage that results from:
(a) Acts of God; or
(b) Conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking.
(4) For damage that results from conduct by a perpetrator relating to domestic violence, sexual assault, bias crime or stalking, a landlord may require a tenant to provide verification that the tenant or a member of the tenant’s household is a victim of domestic violence, sexual assault, bias crime or stalking as provided by ORS 90.453. [Formerly 91.775; 1993 c.369 §7; 1995 c.559 §16; 1999 c.307 §21; 1999 c.603 §20; 2009 c.591 §13; 2015 c.388 §7; 2023 c.549 §1a]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.340 - Occupancy of premises as dwelling unit only; notice of tenant absence.

Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant give actual notice to the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. [Formerly 91.790; 1995 c.559 §19]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.358 - Dwelling use as family child care home allowed; conditions.

(1) Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant’s use of a dwelling as a family child care home if:
(a) The family child care home is certified under ORS 329A.280 or registered under ORS 329A.330; and
(b) The tenant has notified the landlord of the use.
(2) A landlord shall take reasonable steps to cooperate with a tenant who uses, or intends, plans or attempts to use, the dwelling as a family child care home.
(3) A tenant may enforce the requirements of subsections (1) and (2) of this section under ORS 90.360.
(4) This section and ORS 90.385 do not prohibit a landlord from:
(a) Requiring that a tenant pay in advance for costs of modifications necessary or desirable for the tenant’s use, certification or registration of the dwelling as a family child care home that are not required of the landlord under ORS 90.320 or the rental agreement.
(b) Prohibiting a use not allowed under the zoning for the dwelling unit or an association’s governing documents as defined in ORS 94.550 or 100.005.
(c) Prohibiting a use not allowed under rules established by the Early Learning Council implementing ORS 329A.280.
(5) A landlord may require that a tenant using the property as a family child care home, at the election of the landlord, either:
(a) Require parents of any children under the care of the family child care home sign a document in which the parents:
(A) Agree for themselves and their children that the landlord, owner or association, as defined in ORS 94.550 or 100.005, is not liable for losses from injuries to their children or their guests connected with the operation of the family child care facility; and
(B) Acknowledge that the family home care provider does not maintain liability coverage for losses from injuries to their children or their guests connected with the operation of the family child care facility; or
(b) In addition to the requirements of ORS 90.222, carry and maintain a reasonable surety bond or liability policy covering injuries to their children and guests that:
(A) Provides coverage of claims for injuries sustained on account of the negligence of the tenant or its employees; and
(B) Names the landlord, owner or association, as defined in ORS 94.550 or 100.005, as an additional insured.
(6) This section does not require a family child care home to carry any insurance policy unless required by a landlord under subsection (5)(b) of this section.
(7) This section does not apply to housing for older persons as defined in ORS 659A.421. [2023 c.145 §2]
Note:
90.358 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.368 - Repair of minor habitability defect.

(1) As used in this section, "minor habitability defect":
(a) Means a defect that may reasonably be repaired for not more than $300, such as the repair of leaky plumbing, stopped up toilets or faulty light switches.
(b) Does not mean the presence of mold, radon, asbestos or lead-based paint.
(2) If, contrary to ORS 90.320, the landlord fails to repair a minor habitability defect, the tenant may cause the repair of the defect and deduct from the tenant’s subsequent rent obligation the actual and reasonable cost of the repair work, not to exceed $300.
(3)(a) Prior to causing a repair under subsection (2) of this section, the tenant shall give the landlord written notice:
(A) Describing the minor habitability defect; and
(B) Stating the tenant’s intention to cause the repair of the defect and deduct the cost of the repair from a subsequent rent obligation if the landlord fails to make the repair by a specified date.
(b) The specified date for repair contained in a written notice given to a landlord under this subsection must be at least seven days after the date the notice is given to the landlord.
(c) If the landlord fails to make the repair by the specified date, the tenant may use the remedy provided by subsection (2) of this section.
(d) Service or delivery of the required written notice shall be made as provided under ORS 90.155.
(4)(a) Any repair work performed under this section must be performed in a workmanlike manner and be in compliance with state statutes, local ordinances and the state building code.
(b) The landlord may specify the people to perform the repair work if the landlord’s specifications are reasonable and do not diminish the tenant’s rights under this section.
(c) The tenant may not perform work to repair the defect.
(d) To deduct the repair cost from the rent, the tenant must provide to the landlord a written statement, prepared by the person who made the repair, showing the actual cost of the repair.
(5) A tenant may not cause the repair of a defect under this section if:
(a) Within the time specified in the notice, the landlord substantially repairs the defect;
(b) After the time specified in the notice, but before the tenant causes the repair to be made, the landlord substantially repairs the defect;
(c) The tenant has prevented the landlord from making the repair;
(d) The defect was caused by a deliberate or negligent act or omission of the tenant or of a person on the premises with the tenant’s consent;
(e) The tenant knew of the defect for more than six months before giving notice under this section; or
(f) The tenant has previously used the remedy provided by this section for the same occurrence of the defect.
(6) If the tenant proceeds under this section, the tenant may not proceed under ORS 90.360 (1) as to that breach, but may use any other available remedy in addition to the remedy provided by this section. [2007 c.508 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.370 - Tenant counterclaims in action by landlord for possession or rent.

(1)(a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount, not in excess of the jurisdictional limits of the court in which the action is brought, that the tenant may recover under the rental agreement or this chapter, provided that the tenant must prove that prior to the filing of the landlord’s action the landlord reasonably had or should have had knowledge or had received actual notice of the facts that constitute the tenant’s counterclaim.
(b) In the event the tenant counterclaims, the court at the landlord’s or tenant’s request may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and shall be paid the balance by the other party. The court may at any time release money paid into court to either party if the parties agree or if the court finds such party to be entitled to the sum so released. If no rent remains due after application of this section and unless otherwise agreed between the parties, a judgment shall be entered for the tenant in the action for possession.
(2) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (1) of this section but is not required to pay any rent into court.
(3) If the tenant does not comply with an order to pay rent into the court as provided in subsection (1) of this section, the tenant shall not be permitted to assert a counterclaim in the action for possession.
(4) If the total amount found due to the tenant on any counterclaims is less than any rent found due to the landlord, and the tenant retains possession solely because the tenant paid rent into court under subsection (1) of this section, no attorney fees shall be awarded to the tenant unless the tenant paid at least the balance found due to the landlord into court no later than the commencement of the trial.
(5) When a tenant is granted a continuance for a longer period than two days, and has not been ordered to pay rent into court under subsection (1) of this section, the tenant shall be ordered to pay rent into court under ORS 105.140 (2). [Formerly 91.810; 1993 c.369 §9; 1995 c.559 §22]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.375 - Effect of unlawful ouster or exclusion; willful diminution of services.

If a landlord unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant from the premises or willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric or other essential service, the tenant may obtain injunctive relief to recover possession or may terminate the rental agreement and recover an amount up to two months’ periodic rent or twice the actual damages sustained by the tenant, whichever is greater. If the rental agreement is terminated the landlord shall return all security deposits and prepaid rent recoverable under ORS 90.300. The tenant need not terminate the rental agreement, obtain injunctive relief or recover possession to recover damages under this section. [Formerly 91.815; 1993 c.369 §10; 1995 c.559 §23; 1997 c.577 §21]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.390 - Discrimination against tenant or applicant; tenant defense.

(1) A landlord may not discriminate against a tenant in violation of local, state or federal law, including ORS 659A.145 and 659A.421.
(2) If the tenant can prove that the landlord violated subsection (1) of this section, the tenant has a defense in any discriminatory action brought by the landlord against the tenant for possession, unless the tenant is in default in rent.
(3) A tenant may prove a landlord’s discrimination in violation of ORS 659A.145 or 659A.421 by demonstrating that a facially neutral housing policy has a disparate adverse impact, as described in ORS 659A.425, on members of a protected class. [1993 c.369 §24; 1997 c.577 §22; 2003 c.378 §12; 2005 c.391 §32; 2007 c.903 §14; 2008 c.36 §3; 2013 c.294 §11; 2013 c.530 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.391 - Information to veterans required in notice.

Except as provided in ORS 408.515 (3), a notice of termination of tenancy under any provision of this chapter must include the information required by ORS 408.515. [2019 c.405 §3]
Note:
90.391 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.