Bill Text: OR HB3005 | 2013 | Regular Session | Introduced
Bill Title: Relating to nuisance places.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3005 Detail]
Download: Oregon-2013-HB3005-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2174
House Bill 3005
Sponsored by Representative KOMP
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Authorizes person with legal estate in real property to evict
person in possession of real property under lease or rental
agreement for conduct that causes place to be nuisance.
Modifies bases upon which residential landlord may terminate
residential rental agreement with 24 hours' notice.
A BILL FOR AN ACT
Relating to nuisance places; creating new provisions; and
amending ORS 90.396.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) In addition to any other basis upon which a
person with a legal estate in real property may have a present
right to possession of the real property for purposes of ORS
105.005, the person has a present right to possession when:
(a) The person in actual possession of the real property under
a lease or rental agreement causes or allows activity for which
the place may be declared a nuisance under ORS 105.555; and
(b) The person with a legal estate has given the person in
actual possession at least 24 hours' written notice of intent to
terminate the lease or rental agreement:
(A) Specifying the acts or omissions that constitute the cause;
(B) Terminating the lease or rental agreement; and
(C) Specifying the date and time of the termination.
(2) When a person with a legal estate in real property has
taken the steps required by subsection (1) of this section, the
person may take possession as provided in ORS 105.105 to
105.168. + }
SECTION 2. ORS 90.396 is amended to read:
90.396. (1) Except as provided in subsection (2) of this
section, after at least 24 hours' written notice specifying the
acts and omissions constituting the cause and specifying the date
and time of the termination, the landlord may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168, if:
(a) The tenant, someone in the tenant's control or the tenant's
pet seriously threatens to inflict substantial personal injury,
or inflicts any substantial personal injury, upon a person on the
premises other than the tenant;
(b) The tenant or someone in the tenant's control recklessly
endangers a person on the premises other than the tenant by
creating a serious risk of substantial personal injury;
(c) The tenant, someone in the tenant's control or the tenant's
pet inflicts any substantial personal injury upon a neighbor
living in the immediate vicinity of the premises;
(d) The tenant or someone in the tenant's control intentionally
inflicts any substantial damage to the premises or the tenant's
pet inflicts substantial damage to the premises on more than one
occasion;
(e)(A) The tenant intentionally provided substantial false
information on the application for the tenancy within the past
year;
(B) The false information was with regard to a criminal
conviction of the tenant that would have been material to the
landlord's acceptance of the application; and
(C) The landlord terminates the rental agreement within 30 days
after discovering the falsity of the information; or
(f) The tenant, someone in the tenant's control or the tenant's
pet commits any act that is outrageous in the extreme, on the
premises or in the immediate vicinity of the premises. For
purposes of this paragraph, an act is outrageous in the extreme
if the act is not described in paragraphs (a) to (e) of this
subsection, but is similar in degree and is one that a reasonable
person in that community would consider to be so offensive as to
warrant termination of the tenancy within 24 hours, considering
the seriousness of the act or the risk to others. An act that is
outrageous in the extreme is more extreme or serious than an act
that warrants a 30-day termination under ORS 90.392. Acts that
are ' outrageous in the extreme' include, but are not limited to,
the following acts by a person:
(A) Prostitution, patronizing a prostitute or promoting
prostitution, as described in ORS 167.007, 167.008 and 167.012
{ - ; - } { + . + }
(B) Manufacture, delivery or possession of a controlled
substance, as described in ORS 475.005, but not including:
(i) The medical use of marijuana in compliance with ORS 475.300
to 475.346;
(ii) Possession of, or delivery for no consideration of, less
than one avoirdupois ounce of marijuana as described in ORS
475.860 (3) or 475.864 (3); or
(iii) Possession of prescription drugs { - ; - } { + . + }
(C) Intimidation, as described in ORS 166.155 and 166.165
{ - ; or - } { + . + }
(D) Burglary as described in ORS 164.215 and 164.225.
{ + (E) Operation, for profit, of a lottery or other
gambling, as defined in ORS 167.117, including the keeping or
storage of games, devices or other things that are forbidden by
or made punishable by ORS 167.108 to 167.164. + }
(2) If the cause for a termination notice given pursuant to
subsection (1) of this section is based upon the acts of the
tenant's pet, the tenant may cure the cause and avoid termination
of the tenancy by removing the pet from the premises prior to the
end of the notice period. The notice must describe the right of
the tenant to cure the cause. If the tenant returns the pet to
the premises at any time after having cured the violation, the
landlord, after at least 24 hours' written notice specifying the
subsequent presence of the offending pet, may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168. The tenant does not have a right to cure this
subsequent violation.
(3) For purposes of subsection (1) of this section, someone is
in the tenant's control if that person enters or remains on the
premises with the tenant's permission or consent after the tenant
reasonably knows or should know of that person's act or
likelihood to commit any act of the type described in subsection
(1) of this section.
(4) An act can be proven to be outrageous in the extreme even
if the act is one that does not violate a criminal statute.
Notwithstanding the references to criminal statutes in subsection
(1)(f) of this section, the landlord's burden of proof in an
action for possession under subsection (1) of this section is the
civil standard of proof by a preponderance of the evidence.
(5) If a good faith effort by a landlord to terminate the
tenancy under subsection (1)(f) of this section and to recover
possession of the rental unit under ORS 105.105 to 105.168 fails
by decision of the court, the landlord may not be found in
violation of any state statute or local ordinance requiring the
landlord to remove that tenant upon threat of fine, abatement or
forfeiture as long as the landlord continues to make a good faith
effort to terminate the tenancy.
----------
