reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.394 - Termination of tenancy for failure to pay rent.

The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.100 to 105.168, as follows:
(1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.
(2) For all tenancies other than week-to-week tenancies, by delivering to the tenant:
(a) At least 10 days’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the eighth day of the rental period, including the first day the rent is due; or
(b) At least 13 days’ written notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period. The landlord shall give this notice no sooner than on the fifth day of the rental period, including the first day the rent is due.
(3) The notice described in this section must also specify the amount of rent that must be paid and the date and time by which the tenant must pay the rent to cure the nonpayment of rent.
(4) Payment by a tenant who has received a notice under this section is timely if mailed to the landlord within the period of the notice unless:
(a) The notice is served on the tenant:
(A) By personal delivery as provided in ORS 90.155 (1)(a);
(B) By first class mail and attachment as provided in ORS 90.155 (1)(c); or
(C) By first class mail and electronic mail as provided in ORS 90.155 (5);
(b) A written rental agreement and the notice expressly state that payment is to be made at a specified location that is either on the premises or at a place where the tenant has made all previous rent payments in person; and
(c) The place so specified is available to the tenant for payment throughout the period of the notice. [2005 c.391 §8; 2020 s.s.3 c.3 §§10,19; 2023 c.13 §58; 2023 c.296 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.395 - Required delivery of notice of rental assistance and support services before termination for nonpayment.

(1) As used in this section:
(a) "Nonpayment" means the nonpayment of a payment that is due to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584 or 90.630.
(b) "Nonpayment" does not include payments owed by a tenant for damages to the premises.
(2) A landlord shall deliver a copy of the notice posted on the website of the Judicial Department under ORS 105.136 along with:
(a) Any notice of termination for nonpayment; and
(b) Any summons for a complaint seeking possession based on nonpayment given by the landlord or service processor, including a summons delivered under ORS 105.135 (3)(b).
(3) A court shall enter a judgment dismissing a complaint for possession that is based on a termination notice for nonpayment if the court determines that:
(a) The landlord failed to deliver the notice as required under subsection (2) of this section;
(b) The landlord caused the tenant to not tender rent, including as a result of the landlord’s failure to reasonably participate with a rental assistance program; or
(c) The tenant has tendered or caused to be tendered rental assistance or any other payment covering the nonpayment amount owed under the termination notice for nonpayment.
(4) Notwithstanding ORS 105.137 (4), if a claim for possession is dismissed under subsection (3)(c) of this section and the payment was tendered after the action was commenced, the tenant is not entitled to prevailing party fees, costs or attorney fees.
(5) Notwithstanding ORS 90.302, a landlord may charge a tenant for filing fees paid under ORS 105.130, if the complaint for possession is dismissed under subsection (3)(c) of this section. Payment of the fees is not a prerequisite for dismissal under subsection (3)(c) of this section. [2023 c.13 §55]
Note:
90.395 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 90.398 - Termination of tenancy for drug or alcohol violations.

(1) If a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, marijuana items as defined in ORS 475C.009, illegal drugs, controlled substances or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause and take possession as provided in ORS 105.100 to 105.168. The notice must specify the acts constituting the drug or alcohol violation and state that the rental agreement will terminate in not less than 48 hours after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within 24 hours after delivery of the notice.
(2) If the tenant cures the violation within the 24-hour period, the rental agreement does not terminate. If the tenant does not cure the violation within the 24-hour period, the rental agreement terminates as provided in the notice.
(3) If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least 24 hours’ written notice specifying the violation and the date and time of termination of the rental agreement. The tenant does not have a right to cure this subsequent violation. [2005 c.391 §10; 2017 c.21 §34]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.401 - Remedies available to landlord.

Except as provided in this chapter:
(1) A landlord may pursue any one or more of the remedies set forth in ORS 90.392, 90.394, 90.396, 90.398, 90.403 and 90.405, simultaneously or sequentially.
(2) In addition to the remedies provided in ORS 90.392, 90.394, 90.396 and 90.398, a landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or ORS 90.325 or 90.740. [2005 c.391 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.403 - Taking possession of premises from unauthorized possessor.

(1) If an unauthorized person is in possession of the premises, after at least 24 hours’ written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS 105.100 to 105.168 if:
(a) The tenant has vacated the premises;
(b) The rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the written permission of the landlord; and
(c) The landlord has not knowingly accepted rent from the person in possession of the premises.
(2) Service of notice under this section does not create a right of tenancy for the person in possession of the premises. [2005 c.391 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.405 - Effect of tenant keeping unpermitted pet.

(1) If the tenant, in violation of the rental agreement, keeps on the premises a pet capable of causing damage to persons or property, the landlord may deliver a written notice specifying the violation and stating that the tenancy will terminate upon a date not less than 10 days after the delivery of the notice unless the tenant removes the pet from the premises prior to the termination date specified in the notice. If the pet is not removed by the date specified, the tenancy shall terminate and the landlord may take possession in the manner provided in ORS 105.100 to 105.168.
(2) For purposes of this section, "a pet capable of causing damage to persons or property" means an animal that, because of the nature, size or behavioral characteristics of that particular animal or of that breed or type of animal generally, a reasonable person might consider to be capable of causing personal injury or property damage, including but not limited to, water damage from medium or larger sized fish tanks or other personal injury or property damage arising from the environment in which the animal is kept.
(3) If substantially the same act that constituted a prior noncompliance of which notice was given under subsection (1) of this section recurs within six months, the landlord may terminate the rental agreement upon at least 10 days’ written notice specifying the breach and the date of termination of the rental agreement.
(4) This section shall not apply to any tenancy governed by ORS 90.505 to 90.850. [Formerly 91.822; 1995 c.559 §28; 1999 c.603 §25]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.410 - Effect of tenant failure to give notice of absence; absence; abandonment.

(1) If the rental agreement requires the tenant to give actual notice to the landlord of an anticipated extended absence in excess of seven days as permitted by ORS 90.340 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.
(2) During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.
(3) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it for a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord knows or should know of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be. [Formerly 91.825; 1993 c.369 §13; 1995 c.559 §29; 1999 c.603 §26]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.414 - Acts not constituting waiver of termination of tenancy.

(1) If a notice of termination has been given by the landlord or the tenant, the following do not waive the right of the landlord to terminate on the notice and do not reinstate the tenancy:
(a) Except when the notice is a nonpayment of rent termination notice under ORS 90.394, the acceptance of rent if:
(A) The rent is prorated to the termination date specified in the notice; or
(B) The landlord refunds at least the unused balance of the rent prorated for the period beyond the termination date within 10 days after receiving the rent payment.
(b) Except if the termination is for cause under ORS 90.392, 90.398, 90.405, 90.630 or 90.632, the acceptance of rent for a rental period that extends beyond the termination date in the notice, if the landlord refunds at least the unused balance of the rent for the period beyond the termination date within 10 days after the end of the remedy or correction period described in the applicable notice.
(c) If the termination is for cause under ORS 90.392, 90.398, 90.405, 90.630 or 90.632 and proceedings have commenced under ORS 105.100 to 105.168 to recover possession of the premises based on the termination:
(A) The acceptance of rent for a period beyond the expiration of the notice of termination during which the tenant remains in possession if:
(i) The landlord notifies the tenant in writing in, or after the service of, the notice of termination for cause that the acceptance of rent while an action for possession is pending will not waive the right to terminate under the notice; and
(ii) The rent does not cover a period that extends beyond the date the rent payment is accepted.
(B) Service of a nonpayment of rent termination notice under ORS 90.394.
(2) The following do not waive the right of the landlord to terminate on a notice of termination given by the landlord or the tenant and do not reinstate a tenancy:
(a) The acceptance of a last month’s rent deposit collected at the beginning of the tenancy, whether or not the deposit covers a period beyond a termination date.
(b) The acceptance of rent distributed under a court order releasing money that was paid into the court as provided under ORS 90.370 (1).
(c) The acceptance of rent paid for a rent obligation not yet due and paid more than one rental period in advance. [2007 c.906 §28; 2023 c.296 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.417 - Duty to pay rent; effect of acceptance of partial rent.

(1) A tenant’s duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement provisions regarding payment. A landlord may refuse to accept a rent tender that is for less than the full amount of rent owed or that is untimely.
(2) A landlord may accept a partial payment of rent. The acceptance of a partial payment of rent in a manner consistent with subsection (4) of this section does not constitute a waiver under ORS 90.412 (2)(b) of the landlord’s right to terminate the tenancy under ORS 90.394 for nonpayment of the balance of the rent owed.
(3) A landlord and tenant may by written agreement provide that monthly rent shall be paid in regular installments of less than a month pursuant to a schedule specified in the agreement. Installment rent payments described in this subsection are not partial payment of rent for purposes of this section.
(4) The acceptance of a partial payment of rent waives the right of the landlord to terminate the tenant’s rental agreement under ORS 90.394 for nonpayment of rent unless:
(a)(A) The landlord accepted the partial payment of rent before the landlord gave a nonpayment of rent termination notice under ORS 90.394 based on the tenant’s agreement to pay the balance by a time certain and the tenant does not pay the balance of the rent as agreed;
(B) The landlord’s notice of termination is served no earlier than it would have been permitted under ORS 90.394 had no rent been accepted; and
(C) The notice permits the tenant to avoid termination of the tenancy for nonpayment of rent by paying the balance within the time period allowed under ORS 90.394 or by any date to which the parties agreed, whichever is later; or
(b) The landlord accepted a partial payment of rent after giving a nonpayment of rent termination notice under ORS 90.394 and entered into a written agreement with the tenant that the acceptance does not constitute waiver. The agreement may provide that the landlord may terminate the rental agreement and take possession as provided in ORS 105.100 to 105.168 without serving a new notice under ORS 90.394 if the tenant fails to pay the balance of the rent by a time certain.
(5) Application of a tenant’s security deposit or prepaid rent to an obligation owed to a landlord in foreclosure under ORS 90.367 does not constitute a partial payment of rent.
(6) Notwithstanding any acceptance of a partial payment of rent under subsection (4) of this section, the tenant continues to owe the landlord the unpaid balance of the rent. [2007 c.906 §29; 2011 c.42 §8a; 2020 s.s.3 c.3 §12]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.420 - Enforceability of landlord liens; distraint for rent abolished.

(1) A lien or security interest on behalf of the landlord in the tenant’s household goods is not enforceable unless perfected before October 5, 1973.
(2) Distraint for rent is abolished. [Formerly 91.835]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.429 - Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850.

(1) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 to 90.850 because the space is not in a facility, the landlord may terminate a month-to-month tenancy without a cause specified in ORS 90.392, 90.394 or 90.396 only by delivering a written notice of termination to the tenant not less than 180 days before the termination date designated in that notice.
(2)(a) A notice given to terminate a tenancy under subsection (1) of this section need not state a reason for the termination.
(b) Notwithstanding paragraph (a) of this subsection, a landlord may include in a notice of termination given under subsection (1) of this section an explanation of the reason for the termination without having to prove the reason. An explanation does not give the tenant a right to cure the reason if the notice states that:
(A) The notice is given without stated cause;
(B) The tenant does not have a right to cure the reason for the termination; and
(C) The landlord need not prove the reason for the termination in a court action. [Formerly 90.905; 1999 c.676 §18; 2005 c.391 §22; 2009 c.431 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.430 - Claims for possession, rent, damages after termination of rental agreement.

If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement. [Formerly 91.845]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.435 - Limitation on recovery of possession of premises.

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity or other essential service to the tenant, except in case of abandonment or relinquishment, or as permitted in this chapter in the manner provided in ORS 105.100 to 105.168. [Formerly 91.850; 1999 c.603 §30; 2003 c.378 §16]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.445 - Termination of tenant who commits criminal act of physical violence; protection for remaining tenants.

(1) If a tenant perpetrates a criminal act of physical violence related to domestic violence, sexual assault, bias crime or stalking against a household member who is a tenant, after delivery of at least 24 hours’ written notice specifying the act or omission constituting the cause and specifying the date and time of the termination, the landlord may:
(a) Terminate the rental agreement of the perpetrating tenant, but may not terminate the rental agreement of the other tenants; and
(b) If the perpetrator of the criminal act of physical violence related to domestic violence, sexual assault, bias crime or stalking continues to occupy the premises after the termination date and time specified in the notice, seek a court order under ORS 105.128 to remove the perpetrator from the premises and terminate the perpetrator’s tenancy without seeking a return of possession from the remaining tenants.
(2) A landlord that terminates the tenancy of a perpetrator under this section may not require the remaining tenants to pay additional rent or an additional deposit or fee due to exclusion of the perpetrator.
(3) The perpetrator is jointly liable with any other tenants of the dwelling unit for rent or damages to the premises incurred prior to the later of the date the perpetrator vacates the premises or the termination date specified in the notice.
(4) The landlord’s burden of proof in a removal action sought under this section is by a preponderance of the evidence. [2007 c.508 §3; 2023 c.549 §1b]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.456 - Continuing tenancy after release of victim.

Notwithstanding the release of a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking, and any immediate family members of that tenant, from a rental agreement under ORS 90.453 or the exclusion of a perpetrator of domestic violence, sexual assault, bias crime or stalking as provided in ORS 90.459 or 105.128, if there are any remaining tenants of the dwelling unit, the tenancy shall continue for those tenants. Any fee, security deposit or prepaid rent paid by the victim, perpetrator or other tenants shall be applied, accounted for or refunded by the landlord following termination of the tenancy and delivery of possession by the remaining tenants as provided in ORS 90.300 and 90.302. [2003 c.378 §6; 2007 c.508 §10; 2007 c.508 §11; 2011 c.42 §9b; 2023 c.549 §2a]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.459 - Change of locks at request of victim.

(1) A tenant may give actual notice to the landlord that the tenant is a victim of domestic violence, sexual assault, bias crime or stalking and may request that the locks to the dwelling unit be changed. A tenant is not required to provide verification of the domestic violence, sexual assault, bias crime or stalking to initiate the changing of the locks.
(2) A landlord who receives a request under subsection (1) of this section shall promptly change the locks to the tenant’s dwelling unit at the tenant’s expense or shall give the tenant permission to change the locks. If a landlord fails to promptly act, the tenant may change the locks without the landlord’s permission. If the tenant changes the locks, the tenant shall give a key to the new locks to the landlord.
(3) If the perpetrator of the domestic violence, sexual assault, bias crime or stalking is a tenant in the same dwelling unit as the victim:
(a) Before the landlord or tenant changes the locks under this section, the tenant must provide the landlord with a copy of an order issued by a court pursuant to ORS 107.716 or 107.718 or any other federal, state, local or tribal court that orders the perpetrator to move out of the dwelling unit.
(b) The landlord has no duty under the rental agreement or by law to allow the perpetrator access to the dwelling unit or provide keys to the perpetrator, during the term of the court order or after expiration of the court order, or to provide the perpetrator access to the perpetrator’s personal property within the dwelling unit. Notwithstanding ORS 90.425, 90.435 or 90.675, if a landlord complies completely and in good faith with this section, the landlord is not liable to a perpetrator excluded from the dwelling unit.
(c) The perpetrator is jointly liable with any other tenant of the dwelling unit for rent or damages to the dwelling unit incurred prior to the date the perpetrator was excluded from the dwelling unit.
(d) Except as provided in subsection (2) of this section, the landlord may not require the tenant to pay additional rent or an additional deposit or fee because of the exclusion of the perpetrator.
(e) The perpetrator’s tenancy terminates by operation of law upon an order described in paragraph (a) of this subsection becoming a final order. [2003 c.378 §5; 2007 c.508 §11; 2023 c.549 §2b]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.460 - Alternate exit from bedroom required; tenant right to recover for landlord noncompliance.

(1) As used in this section:
(a) "Bedroom" has the meaning given that term in ORS 90.262.
(b) "Building" means a dwelling unit or a structure containing a dwelling unit.
(2) A landlord shall provide at all times during the tenancy a route or routes of exit from each bedroom and, if required, a secondary route of exit from each bedroom, for use during an emergency. The routes of exit must conform to applicable law in effect at the time of occupancy of the building or in effect after a renovation or change of use of the building, whichever is later.
(3)(a) If the landlord fails to comply with the requirements of this section, the tenant may recover actual damages, and the tenant may terminate the tenancy by providing the landlord actual notice and a description of the noncompliance 72 hours prior to the date of termination.
(b) If the landlord cures the noncompliance within the 72-hour period:
(A) The tenancy does not terminate; and
(B) The tenant may recover the tenant’s actual damages.
(c) If the landlord fails to cure the noncompliance within the 72-hour period:
(A) The tenancy terminates;
(B) The tenant may recover twice the tenant’s actual damages or twice the periodic rent, whichever is greater; and
(C) The landlord must return all security deposits and prepaid rent owed to the tenant under ORS 90.300 within four days after the termination. [2015 c.388 §13; 2016 c.53 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.465 - Right of city to recover from owner for costs of relocating tenant due to condemnation; defense.

(1) A city with a population that exceeds 300,000 shall have a right of action against the owner of any premises to recover the reasonable costs of relocation incurred by the city because the condition of the premises causes condemnation and relocation of the tenants at public expense. In order to recover the costs, the city must allege and prove that, due to action or inaction of the owner, the premises are or have been in multiple and material violation of applicable health or safety codes for a period of more than 30 days and that the violation endangers the health or safety of the tenants or the public, or both.
(2) It shall be an affirmative defense to recovery of relocation costs incurred for any tenant that the condition was caused by the action or negligence of that tenant.
(3) The official responsible for city code enforcement shall notify the owner in writing when the official finds the premises to be in a condition that may cause tenant relocation. The notice shall also inform the owner of the potential liability for relocation costs.
(4) A landlord may not terminate a rental agreement because of the receipt of the notice required by subsection (3) of this section except for the reasons set forth in ORS 90.385 (4). The owner is not liable for tenant relocation costs if the termination is for the reasons set forth in ORS 90.385 (4)(b).
(5) The action provided in subsection (1) of this section is in addition to any other action that may be brought against an owner under any other provision of law. [Formerly 90.450]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.472 - Termination by tenant called into active state service by Governor.

(1) As used in this section, "state service member" means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 90 or more consecutive days.
(2) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is a state service member.
(3) A termination of a rental agreement under this section is effective the earlier of:
(a) Thirty days after the date the next rental payment is due; or
(b) On the last day of the month after the month in which written notice is given.
(4) Notwithstanding ORS 90.300 (7)(a)(A) and 90.430, a tenant who terminates a lease under subsection (2) of this section is not:
(a) Subject to a penalty, fee, charge or loss of deposit because of the termination; or
(b) Liable for any rent beyond the effective date of the termination as determined under subsection (3) of this section. [2003 c.387 §2; 2009 c.431 §14; 2011 c.42 §15]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.475 - Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration.

(1) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is:
(a) Enlisting for active service in the Armed Forces of the United States;
(b) Serving as a member of a National Guard or other reserve component or an active service component of the Armed Forces of the United States and ordered to active service outside the area for a period that will exceed 90 days;
(c) Terminating active service in the Armed Forces of the United States;
(d) A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States and:
(A) Ordered to active service outside the area for a period that will exceed 90 days; or
(B) Terminating the duty and moving outside the area within the period that the member is entitled by federal law to the storage or shipment of household goods; or
(e) A member of the commissioned corps of the National Oceanic and Atmospheric Administration ordered to active service outside the area for a period that will exceed 90 days.
(2) As used in subsection (1) of this section, "Armed Forces of the United States" means the Air Force, Army, Coast Guard, Marine Corps or Navy of the United States.
(3) A termination of a rental agreement under this section is effective on the earlier of:
(a) A date determined under the provisions of any applicable federal law; or
(b) The later of:
(A) 30 days after delivery of the notice;
(B) 30 days before the earliest reporting date on orders for active service;
(C) A date specified in the notice; or
(D) 90 days before the effective date of the orders if terminating duty described under subsection (1)(d)(B) of this section or terminating any active service described in this section.
(4) Notwithstanding ORS 90.300 (7)(a)(A) and 90.430, a tenant who terminates a lease under subsection (1) of this section is not:
(a) Subject to a penalty, fee, charge or loss of deposit because of the termination; or
(b) Liable for any rent beyond the effective date of the termination as determined under subsection (3) of this section. [1999 c.276 §2; 2009 c.431 §15; 2011 c.42 §16; 2012 c.106 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.490 - Prohibited acts in anticipation of notice of conversion to condominium; damages.

(1) A tenant may bring an action against a building landlord if for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS 100.301 to 100.320:
(a) Within one year before the declarant records the declaration under ORS 100.100, the landlord gives a tenant a 30-day notice without stated cause; or
(b) Within one year before the declarant records the declaration under ORS 100.100, the landlord increases the rent in excess of the percentage increase 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.
(2) If a court finds that a landlord has taken an action described in subsection (1) of this section for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS 100.301 to 100.320, the court may award the tenant the greater of:
(a) Six times the monthly rent for the dwelling unit; or
(b) Twice the actual damages to the tenant arising out of the termination or rent increase.
(3) The time allowed under ORS 12.125 to commence an action under this section begins on the date the declarant records the declaration under ORS 100.100. [2007 c.705 §6; 2019 c.57 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.493 - Prohibited acts following notice of conversion to condominium; damages.

(1) The landlord of a building for which a declarant of a conversion condominium has issued the tenant a notice of conversion under ORS 100.305 may not:
(a) Give the tenant a 30-day notice without stated cause that causes the tenancy to terminate on a date that is prior to the end of the 120-day period described in ORS 100.305 or the 60-day period described in ORS 100.310; or
(b) Increase the rent for the dwelling unit in excess of:
(A) Any scheduled increase provided for in a written rental agreement; or
(B) A percentage equal to the percentage increase 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.
(2) A tenant may bring an action against a landlord that violates subsection (1) of this section to recover the greater of:
(a) Six times the monthly rent for the dwelling unit; or
(b) Twice the actual damages to the tenant arising out of the termination. [2007 c.705 §5; 2019 c.57 §7]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.505 - Definitions for ORS 90.505 to 90.850; application of statutes.

(1) As used in ORS 90.505 to 90.850:
(a) "Deterioration":
(A) Includes a collapsing or failing staircase or railing, one or more holes in a wall or roof, an inadequately supported window air conditioning unit, falling gutters, siding or skirting, or paint that is peeling or faded as to threaten the useful life or integrity of the siding.
(B) Does not include aesthetic or cosmetic concerns.
(b) "Disrepair":
(A) Means the state of being in need of repair because a component is broken, collapsing, creating a safety hazard or generally in need of maintenance.
(B) Includes the need to correct a failure to conform with applicable building and housing codes at the time of:
(i) Installation of the manufactured dwelling or floating home on the site.
(ii) Making improvements to the manufactured dwelling or floating home following installation.
(c) "Rent a space for a manufactured dwelling or floating home," or similar wording, means a transaction creating a rental agreement in which the owner of a manufactured dwelling or floating home secures the right to locate the dwelling or home on the real property of another in a facility for use as a residence in return for value, and in which the owner of the manufactured dwelling or floating home retains no interest in the real property at the end of the transaction.
(2) Unless otherwise provided, ORS 90.100 to 90.465 apply to rental agreements that are subject to ORS 90.505 to 90.850. However, to the extent of inconsistency, the applicable provisions of ORS 90.505 to 90.850 control over the provisions of ORS 90.100 to 90.465. [Formerly 91.873; 1991 c.844 §5; 1999 c.676 §19; 2017 c.324 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.512 - Definitions for ORS 90.514 and 90.518.

As used in this section and ORS 90.514, 90.516 and 90.518:
(1) "Buyer" has the meaning given that term in ORS 72.1030.
(2) "Converted rental space" means a rental lot that is located in a subdivision created as provided under ORS 92.010 to 92.192.
(3) "Improvements" has the meaning given that term in ORS 646A.050.
(4) "Manufactured dwelling park" means any place where four or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of the person.
(5) "Provider" means a contractor, manufactured dwelling dealer or landlord that is licensed under ORS chapter 701 and that contracts with a buyer for improvements to be made to a manufactured dwelling site in a manufactured dwelling park or to a converted rental space.
(6) "Statement of estimated costs" means a written list of the charges, fees, services, goods and accessories that a provider knows or should know are associated with the making of an improvement contracted by the provider and the total estimated cost to the buyer for the improvement. [2001 c.282 §2; 2001 c.969 §4; 2005 c.41 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.514 - Disclosure to prospective tenant of improvements required under rental agreement; limitations on requirements.

(1) Before a prospective tenant signs a rental agreement for space in a manufactured dwelling park or for a converted rental space, the landlord must provide the prospective tenant with a written statement that discloses the improvements that the landlord will require under the rental agreement. The written statement must be in the format developed by the Attorney General pursuant to ORS 90.516 and include at least the following:
(a) A notice that the tenant may select and contract directly with a contractor to be the provider of an improvement.
(b) Separately stated and identifiable information for each required improvement that specifies:
(A) The dimensions, materials and finish for improvements to be constructed or repaired;
(B) The installation fees imposed by government agencies; and
(C) The site preparation requirements and restrictions, including, but not limited to, requirements and restrictions on the use of plants and landscaping.
(c) Identification of the improvements that belong to the tenant and the improvements that must remain with the space.
(2) A landlord may not require as part of the improvements under the rental agreement that a tenant:
(a) Pay any fee to the landlord for improvements.
(b) Pay any system development charges.
(c) Construct or repair an improvement that cannot be reasonably removed and owned by the tenant at the termination of the tenancy, except for porches, stairs, decks, awnings, carports, sheds or vegetative landscaping on the site or any other improvements necessary for the safe and lawful installation of the manufactured dwelling.
(3) Except as provided in ORS 41.740, a written statement provided under this section is considered to contain all of the terms relating to improvements that a prospective tenant must make under the rental agreement. There may be no evidence of the terms of the written statement other than the contents of the written statement. [2001 c.282 §3; 2005 c.41 §4; 2023 c.334 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.516 - Model statement for disclosure of improvements required under rental agreement; rules.

The Attorney General, by rule, shall adopt a model written statement for use by manufactured dwelling park and converted rental space landlords pursuant to ORS 90.514. [2001 c.282 §5; 2005 c.41 §5]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.518 - Provider statement of estimated cost of improvements.

(1) A provider shall give the buyer a statement of estimated costs for all improvements to be made under a contract between the buyer and the provider. The provider shall deliver the statement of estimated costs to the buyer before work commences on any of the improvements covered by the contract.
(2) If a provider fails to give a statement of estimated costs or knowingly fails to give a complete statement of estimated costs, a buyer who does not have actual notice of the total cost for an improvement and suffers an ascertainable loss due to the failure by the provider may bring an action to recover the greater of actual damages or $200.
(3) Except as provided in ORS 41.740, a statement of estimated costs given under this section is considered to contain all of the terms of the contract between the buyer and the provider. The contents of the statement of estimated costs are the only admissible evidence of the terms of the contract between the buyer and the provider. [2001 c.282 §4; 2005 c.41 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.525 - Unreasonable conditions of rental or occupancy prohibited; notice of rights.

(1) A landlord may not impose conditions of rental or occupancy which unreasonably restrict the tenant or prospective tenant in choosing a fuel supplier, furnishings, goods, services or accessories.
(2) A landlord may not prohibit a tenant from engaging a real estate agent or a licensed manufactured structure dealer of the tenant’s choice to facilitate the sale or sublease allowed under ORS 90.555 of the tenant’s manufactured dwelling or floating home.
(3) The landlord of a facility may not require the prospective tenant to purchase a manufactured dwelling or floating home from a particular dealer or one of a group of dealers.
(4) A landlord renting a space for a manufactured dwelling or floating home may not give preference to a prospective tenant who purchased a manufactured dwelling or floating home from a particular dealer.
(5) A manufactured dwelling or floating home dealer may not, as a condition of sale, require a purchaser to rent a space for a manufactured dwelling or floating home in a particular facility or one of a group of facilities, except that a dealer who is a landlord of a facility may require a purchaser of a dwelling or home from the landlord to rent a space for the dwelling or home in the landlord’s facility.
(6) At the time of evaluating an applicant under ORS 90.303 or a prospective purchaser under ORS 90.680 (10)(a) or upon the execution of a rental agreement, whichever is earlier, the landlord of a facility shall provide the applicant, purchaser or tenant a copy of an informational handout regarding rights of tenants and landlords when a tenant is selling a manufactured dwelling or floating home in a facility, in a form prescribed by the Housing and Community Services Department. [Formerly 91.895; 1991 c.844 §7; 2019 c.268 §2]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.527 - Renter’s liability insurance in park.

(1) A landlord may require a tenant in a manufactured dwelling park to obtain and maintain renter’s liability insurance only if:
(a) The insurance requirement is in the park’s statement of policy and in the written rental agreement.
(b) The landlord obtains and maintains comparable liability insurance.
(c) Documentation, including a certificate of coverage, that shows the landlord’s insurance coverage is posted in a common area or delivered or made available to any tenant by request, orally or in writing.
(d) The amount of required coverage does not exceed $100,000 per occurrence.
(2) A landlord may require an applicant to:
(a) Provide documentation of renter’s liability insurance coverage before the tenancy begins.
(b) Name the landlord as an interested party on the tenant’s renter’s 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.
(c) Provide documentation on a periodic basis related to the coverage period of the renter’s liability insurance policy.
(3) 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 (2)(b) 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 any security deposit of the tenant; and
(C) The landlord provides a copy of the claim to the tenant contemporaneous with filing the claim with the insurer. [2021 c.260 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 090 - Residential Landlord and Tenant › Section 90.528 - Use of common areas or facilities.

(1) A landlord who rents a space for a manufactured dwelling may require a deposit for the use of common areas or facilities by a tenant or tenants. The amount of any deposit charged for the use of common areas or facilities shall be reasonably based on the potential cleaning cost or other costs associated with the use of the area or facility. Conditions for return of a deposit shall be stated in writing and made available to the tenant or tenants placing the deposit.
(2) No tenant shall be required to acquire a bond or insurance policy as a precondition for the use of common areas or facilities.
(3) A landlord who rents a space for a manufactured dwelling shall not prohibit use of a common area or facility if the purpose of the prohibition is to prevent the use of the area or facility for tenant association meetings, tenant organizing meetings or other lawful tenant activities. [1997 c.303 §§3,4]
Note:
90.528 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.