Bill Text: OR SB91 | 2013 | Regular Session | Enrolled
Bill Title: Relating to landlord-tenant law.
Spectrum: Committee Bill
Status: (Passed) 2013-06-06 - Effective date, January 1, 2014. [SB91 Detail]
Download: Oregon-2013-SB91-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 91
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to landlord-tenant law; creating new provisions; and
amending ORS 90.100, 90.160, 90.275, 90.295, 90.300, 90.302,
90.320, 90.367, 90.390, 90.425, 90.675 and 105.120.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + ORS 90.367 and sections 2 and 3 of this 2013
Act are added to and made a part of ORS 90.100 to 90.465. + }
SECTION 2. { + (1) A landlord may require a tenant to obtain
and maintain renter's liability insurance in a written rental
agreement. The amount of coverage may not exceed $100,000 per
occurrence or the customary amount required by landlords for
similar properties with similar rents in the same rental market,
whichever is greater.
(2) Before entering a new tenancy, a landlord:
(a) Shall advise an applicant in writing of a requirement to
obtain and maintain renter's liability insurance and the amount
of insurance required.
(b) May require an applicant to provide documentation of
renter's liability insurance coverage before the tenancy begins.
(3) For an existing month-to-month tenancy, the landlord may
amend a written rental agreement to require renter's liability
insurance after giving the tenant at least 30 days' written
notice of the requirement. If the tenant does not obtain renter's
liability insurance within the 30-day period:
(a) The landlord may terminate the tenancy pursuant to ORS
90.392; and
(b) The tenant may cure the cause of the termination as
provided by ORS 90.392 by obtaining insurance.
(4) A landlord may require documentation that the tenant
maintains the renter's liability insurance on a periodic basis
related to the coverage period of the renter's liability
insurance policy or more frequently if the landlord reasonably
believes that the insurance policy is no longer in effect.
(5) A landlord may require that a tenant obtain or maintain
renter's liability insurance only if the landlord obtains and
maintains comparable liability insurance and provides
documentation to any tenant who requests the documentation,
orally or in writing. The landlord may provide documentation to a
tenant in person, by mail or by posting in a common area or
Enrolled Senate Bill 91 (SB 91-A) Page 1
office. The documentation may consist of a current certificate of
coverage. A written rental agreement that requires a tenant to
obtain and maintain renter's liability insurance must include a
description of the requirements of this subsection.
(6) Neither a landlord nor a tenant shall make unreasonable
demands that have the effect of harassing the other with regard
to providing documentation of insurance coverage.
(7) A landlord may not:
(a) Require that a tenant obtain renter's liability insurance
from a particular insurer;
(b) Require that a tenant name the landlord as an additional
insured or as having any other special status on the tenant's
renter's liability insurance policy;
(c) Require that a tenant waive the insurer's subrogation
rights; or
(d) Make a claim against the tenant's renter's liability
insurance unless:
(A) The claim is for damages or costs for which the tenant is
legally liable and not for damages or costs that result from
ordinary wear and tear, acts of God or the conduct of the
landlord;
(B) The claim is greater than the security deposit of the
tenant, if any; and
(C) The landlord provides a copy of the claim to the tenant
contemporaneous with filing the claim with the insurer.
(8) A landlord may not require a tenant to obtain or maintain
renter's liability insurance if the household income of the
tenant is equal to or less than 50 percent of the area median
income, adjusted for family size as measured up to a five-person
family, as determined by the State Housing Council based on
information from the United States Department of Housing and
Urban Development.
(9) A landlord may not require a tenant to obtain or maintain
renter's liability insurance if the dwelling unit of the tenant
has been subsidized with public funds:
(a) Including federal or state tax credits, federal block
grants authorized in the HOME Investment Partnerships Act under
Title II of the Cranston-Gonzalez National Affordable Housing
Act, as amended, or the Community Development Block Grant program
authorized in the Housing and Community Development Act of 1974,
as amended, and tax-exempt bonds.
(b) Not including federal rent subsidy payments under 42 U.S.C.
1437f.
(10) Subsection (9) of this section does not apply to a
dwelling unit that is not subsidized even if the unit is on
premises in which some dwelling units are subsidized.
(11) If a landlord files a frivolous claim against the renter's
liability insurance of a tenant, the tenant may recover from the
landlord the actual damages of the tenant plus $500.
(12) This section does not:
(a) Affect rights or obligations otherwise provided in this
chapter or in the rental agreement.
(b) Apply to tenancies governed by ORS 90.505 to 90.840. + }
SECTION 3. { + (1) When evaluating an applicant, a landlord
may not consider an action to recover possession pursuant to ORS
105.105 to 105.168 if the action:
(a) Was dismissed or resulted in a general judgment for the
applicant before the applicant submits the application. This
paragraph does not apply if the action has not resulted in a
Enrolled Senate Bill 91 (SB 91-A) Page 2
dismissal or general judgment at the time the applicant submits
the application.
(b) Resulted in a general judgment against the applicant that
was entered five or more years before the applicant submits the
application.
(2) When evaluating the applicant, a landlord may not consider
a previous arrest of the applicant if the arrest did not result
in a conviction. This subsection does not apply if the arrest has
resulted in charges for criminal behavior as described in
subsection (3) of this section that have not been dismissed at
the time the applicant submits the application.
(3) When evaluating the applicant, the landlord may consider
criminal conviction and charging history if the conviction or
pending charge is for conduct that is:
(a) A drug-related crime;
(b) A person crime;
(c) A sex offense;
(d) A crime involving financial fraud, including identity theft
and forgery; or
(e) Any other crime if the conduct for which the applicant was
convicted or charged is of a nature that would adversely affect:
(A) Property of the landlord or a tenant; or
(B) The health, safety or right to peaceful enjoyment of the
premises of residents, the landlord or the landlord's agent. + }
SECTION 4. ORS 90.160 is amended to read:
90.160. (1) Notwithstanding ORCP 10 and not including the
seven-day and four-day waiting periods provided in ORS 90.394,
where there are references in this chapter to periods and notices
based on a number of days, those days shall be calculated by
consecutive calendar days, not including the initial day of
service, but including the last day until { - midnight - }
{ + the end + } of that last day { + at 12 midnight + }. Where
there are references in this chapter to periods or notices based
on a number of hours, those hours shall be calculated in
consecutive clock hours, beginning immediately upon service.
(2) Notwithstanding subsection (1) of this section, for 72-hour
or 144-hour nonpayment notices under ORS 90.394 that are served
pursuant to ORS 90.155 (1)(c), the time period described in
subsection (1) of this section begins at 11:59 p.m. the day the
notice is both mailed and attached to the premises. The time
period shall end 72 hours or 144 hours, as the case may be, after
the time started to run at 11:59 p.m.
SECTION 5. ORS 90.275 is amended to read:
90.275. (1) As provided under this section, a landlord may
allow an individual to become a temporary occupant of the
tenant's dwelling unit { - as a guest of the tenant - } . 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.
Enrolled Senate Bill 91 (SB 91-A) Page 3
(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.
SECTION 6. ORS 90.295 is amended to read:
90.295. (1) A landlord may require payment of an applicant
screening charge solely to cover the costs of obtaining
information about an applicant as the landlord processes the
application for a rental agreement. This activity is known as
screening, and includes but is not limited to checking references
and obtaining a consumer credit report or tenant screening
report. The landlord must provide the applicant with a receipt
for any applicant screening charge.
(2) The amount of any applicant screening charge shall not be
greater than the landlord's average actual cost of screening
applicants. Actual costs may include the cost of using a tenant
screening company or a consumer credit reporting agency, and may
include the reasonable value of any time spent by the landlord or
the landlord's agents in otherwise obtaining information on
applicants. In any case, the applicant screening charge may not
be greater than the customary amount charged by tenant screening
companies or consumer credit reporting agencies for a comparable
level of screening.
(3) A landlord may not require payment of an applicant
screening charge unless prior to accepting the payment the
landlord:
Enrolled Senate Bill 91 (SB 91-A) Page 4
(a) Adopts written screening or admission criteria;
(b) Gives written notice to the applicant of:
(A) The amount of the applicant screening charge;
(B) The landlord's screening or admission criteria;
(C) The process that the landlord typically will follow in
screening the applicant, including whether the landlord uses a
tenant screening company, credit reports, public records or
criminal records or contacts employers, landlords or other
references; and
(D) The applicant's rights to dispute the accuracy of any
information provided to the landlord by a screening company or
credit reporting agency;
(c) Gives actual notice to the applicant of an estimate, made
to the best of the landlord's ability at that time, of the
approximate number of rental units of the type, and in the area,
sought by the applicant that are, or within a reasonable future
time will be, available to rent from that landlord. The estimate
shall include the approximate number of applications previously
accepted and remaining under consideration for those units. A
good faith error by a landlord in making an estimate under this
paragraph does not provide grounds for a claim under subsection
(8) of this section; { - and - }
(d) Gives written notice to the applicant of the amount of rent
the landlord will charge and the deposits the landlord will
require, subject to change in the rent or deposits by agreement
of the landlord and the tenant before entering into a rental
agreement { + ; and
(e) Gives written notice to the applicant whether the landlord
requires tenants to obtain and maintain renter's liability
insurance and, if so, the amount of insurance required + }.
(4) Regardless of whether a landlord requires payment of an
applicant screening charge, if a landlord denies an application
for a rental agreement by an applicant and that denial is based
in whole or in part on a tenant screening company or consumer
credit reporting agency report on that applicant, the landlord
shall give the applicant actual notice of that fact at the same
time that the landlord notifies the applicant of the denial.
Unless written notice of the name and address of the screening
company or credit reporting agency has previously been given, the
landlord shall promptly give written notice to the applicant of
the name and address of the company or agency that provided the
report upon which the denial is based.
(5) Except as provided in subsection (4) of this section, a
landlord need not disclose the results of an applicant screening
or report to an applicant, with respect to information that is
not required to be disclosed under the federal Fair Credit
Reporting Act. A landlord may give to an applicant a copy of that
applicant's consumer report, as defined in the Fair Credit
Reporting Act.
(6) Unless the applicant agrees otherwise in writing, a
landlord may not require payment of an applicant screening charge
when the landlord knows or should know that no rental units are
available at that time or will be available within a reasonable
future time.
(7) If a landlord requires payment of an applicant screening
charge but fills the vacant rental unit before screening the
applicant or does not conduct a screening of the applicant for
any reason, the landlord must refund the applicant screening
charge to the applicant within a reasonable time.
Enrolled Senate Bill 91 (SB 91-A) Page 5
(8) The applicant may recover from the landlord twice the
amount of any applicant screening charge paid, plus $150, if:
(a) The landlord fails to comply with this section and does not
within a reasonable time accept the applicant's application for a
rental agreement; or
(b) The landlord does not conduct a screening of the applicant
for any reason and fails to refund an applicant screening charge
to the applicant within a reasonable time.
SECTION 7. ORS 90.300 is amended to read:
90.300. (1) As used in this section, 'security deposit '
includes any last month's rent deposit.
(2)(a) Except as otherwise provided in this section, a landlord
may require a tenant to pay a security deposit. The landlord
shall provide the tenant with a receipt for any security deposit
the tenant pays. The landlord shall hold a security deposit or
prepaid rent for the tenant who is a party to the rental
agreement. A tenant's claim to the security deposit or prepaid
rent is prior to the claim of a creditor of the landlord,
including a trustee in bankruptcy.
(b) Except as provided in ORS 86.755 (10), the holder of the
landlord's interest in the premises at the time the tenancy
terminates is responsible to the tenant for any security deposit
or prepaid rent and is bound by this section.
(3) A written rental agreement, if any, must list a security
deposit paid by a tenant or required by a landlord.
(4) A landlord may not charge a tenant a pet security deposit
for keeping a service animal or companion animal that a tenant
with a disability requires as a reasonable accommodation under
fair housing laws.
(5)(a) Except as otherwise provided in this subsection, a
landlord may not change the rental agreement to require the
tenant to pay a new or increased security deposit during the
first year after the tenancy has begun. Subject to subsection (4)
of this section, the landlord may require an additional deposit
if the landlord and tenant agree to modify the terms and
conditions of the rental agreement to permit a pet or for other
cause and the additional deposit relates to the modification.
This paragraph does not prevent a landlord from collecting a
security deposit that an initial rental agreement provided for
but that remained unpaid at the time the tenancy began.
(b) If a landlord requires a new or increased security deposit
after the first year of the tenancy, the landlord shall allow the
tenant at least three months to pay the new or increased deposit.
(6) The landlord may claim all or part of the security deposit
only if the landlord required the security deposit for any or all
of the purposes specified in subsection (7) of this section.
(7)(a) The landlord may claim from the security deposit only
the amount reasonably necessary:
(A) To remedy the tenant's defaults in the performance of the
rental agreement including, but not limited to, unpaid rent; and
(B) To repair damages to the premises caused by the tenant, not
including ordinary wear and tear.
(b) A landlord is not required to repair damage caused by the
tenant in order for the landlord to claim against the deposit for
the cost to make the repair. Any labor costs the landlord
assesses under this subsection for cleaning or repairs must be
based on a reasonable hourly rate. The landlord may charge a
reasonable hourly rate for the landlord's own performance of
cleaning or repair work.
Enrolled Senate Bill 91 (SB 91-A) Page 6
(c) Defaults and damages for which a landlord may recover under
this subsection include, but are not limited to:
(A) Carpet cleaning, other than the use of a common vacuum
cleaner, if:
(i) The cleaning is performed by use of a machine specifically
designed for cleaning or shampooing carpets;
(ii) The carpet was cleaned { - immediately - } { + or
replaced after the previous tenancy or the most recent
significant use of the carpet and + }before the tenant took
possession; and
(iii) The written rental agreement provides that the landlord
may deduct the cost of carpet cleaning regardless of whether the
tenant cleans the carpet before the tenant delivers possession as
described in ORS 90.147.
(B) Loss of use of the dwelling unit during the performance of
necessary cleaning or repairs { - , - } { + for which the
tenant is responsible under this subsection + } if the cleaning
or repairs are performed in a timely manner.
(8) A landlord may not require a tenant to pay or to forfeit a
security deposit or prepaid rent to the landlord for the tenant's
failure to maintain a tenancy for a minimum number of months in a
month-to-month tenancy.
(9) The landlord must apply any last month's rent deposit to
the rent due for the last month of the tenancy:
(a) When either the landlord or the tenant gives to the other a
notice of termination, pursuant to this chapter, other than a
notice of termination under ORS 90.394;
(b) When the landlord and tenant agree to terminate the
tenancy; or
(c) When the tenancy terminates in accordance with the
provisions of a written rental agreement for a term tenancy.
(10) A landlord shall account for and refund as provided in
subsections (12) to (14) of this section any portion of a last
month's rent deposit the landlord does not apply as provided
under subsection (9) of this section. Unless the tenant and
landlord agree otherwise, the tenant may not require the landlord
to apply a last month's rent deposit to rent due for any period
other than the last month of the tenancy. A last month's rent
deposit does not limit the amount of rent charged unless a
written rental agreement provides otherwise.
(11) When the tenancy terminates, a landlord shall account for
and refund to the tenant, in the same manner this section
requires for security deposits, the unused balance of any prepaid
rent the landlord has not previously refunded to the tenant under
ORS 90.380 and 105.120 (5)(b) or any other provision of this
chapter. The landlord may claim from the remaining prepaid rent
only the amount reasonably necessary to pay the tenant's unpaid
rent.
(12) In order to claim all or part of any prepaid rent or
security deposit, within 31 days after the tenancy terminates and
the tenant delivers possession the landlord shall give to the
tenant a written accounting that states specifically the basis or
bases of the claim. The landlord shall give a separate accounting
for security deposits and for prepaid rent.
(13) The landlord shall return to the tenant the security
deposit or prepaid rent or the portion of the security deposit or
prepaid rent that the landlord does not claim in the manner
provided by subsections (11) and (12) of this section not later
than 31 days after the tenancy terminates and the tenant delivers
possession to the landlord.
Enrolled Senate Bill 91 (SB 91-A) Page 7
(14) The landlord shall give the written accounting required
under subsection (12) of this section or shall return the
security deposit or prepaid rent as required by subsection (13)
of this section by personal delivery or by first class mail.
(15) If a security deposit or prepaid rent secures a tenancy
for a space for a manufactured dwelling or floating home the
tenant owns and occupies, whether or not in a facility, and the
dwelling or home is abandoned as described in ORS 90.425 (2) or
90.675 (2), the 31-day period described in subsections (12) and
(13) of this section commences on the earliest of:
(a) Waiver of the abandoned property process under ORS 90.425
(26) or 90.675 (22);
(b) Removal of the manufactured dwelling or floating home from
the rented space;
(c) Destruction or other disposition of the manufactured
dwelling or floating home under ORS 90.425 (10)(b) or 90.675
(10)(b); or
(d) Sale of the manufactured dwelling or floating home pursuant
to ORS 90.425 (10)(a) or 90.675 (10)(a).
(16) If the landlord fails to comply with subsection (13) of
this section or if the landlord in bad faith fails to return all
or any portion of any prepaid rent or security deposit due to the
tenant under this chapter or the rental agreement, the tenant may
recover the money due in an amount equal to twice the amount:
(a) Withheld without a written accounting under subsection (12)
of this section; or
(b) Withheld in bad faith.
(17)(a) A security deposit or prepaid rent in the possession of
the landlord is not garnishable property, as provided in ORS
18.618.
(b) If a landlord delivers a security deposit or prepaid rent
to a garnishor in violation of ORS 18.618 (1)(b), the landlord
that delivered the security deposit or prepaid rent to the
garnishor shall allow the tenant at least 30 days after a copy of
the garnishee response required by ORS 18.680 is delivered to the
tenant under ORS 18.690 to restore the security deposit or
prepaid rent. If the tenant fails to restore a security deposit
or prepaid rent under the provisions of this paragraph before the
tenancy terminates, and the landlord retains no security deposit
or prepaid rent from the tenant after the garnishment, the
landlord is not required to refund or account for the security
deposit or prepaid rent under subsection (11) of this section.
(18) This section does not preclude the landlord or tenant from
recovering other damages under this chapter.
SECTION 8. ORS 90.302 is amended to read:
90.302. (1) A landlord may not charge a fee at the beginning of
the tenancy for an anticipated landlord expense and may not
require the payment of any fee except as provided in this
section. A fee must be described in a written rental agreement.
(2) A landlord may charge a tenant a fee for each occurrence of
the following:
(a) A late rent payment, pursuant to ORS 90.260.
(b) A dishonored check, pursuant to ORS 30.701 (5). The amount
of the fee may not exceed the amount described in ORS 30.701 (5)
plus any amount that a bank has charged the landlord for
processing the dishonored check.
(c) Removal or tampering with a properly functioning smoke
alarm, smoke detector or carbon monoxide alarm, as provided in
ORS 90.325 (2). { + The landlord may charge a fee of up to $250
unless the State Fire Marshal assesses the tenant a civil penalty
Enrolled Senate Bill 91 (SB 91-A) Page 8
for the conduct under ORS 479.990 or under ORS 105.836 to 105.842
and 476.725. + }
(d) The violation of a written pet agreement or of a rule
relating to pets in a facility, pursuant to ORS 90.530.
(e) The abandonment or relinquishment of a dwelling unit during
a fixed term tenancy without cause. The fee may not exceed one
and one-half times the monthly rent. A landlord may not assess a
fee under this paragraph if the abandonment or relinquishment is
pursuant to ORS 90.453 (2), 90.472 or 90.475. If the landlord
assesses a fee under this paragraph:
(A) The landlord may not recover unpaid rent for any period of
the fixed term tenancy beyond the date that the landlord knew or
reasonably should have known of the abandonment or
relinquishment;
(B) The landlord may not recover damages related to the cost of
renting the dwelling unit to a new tenant; and
(C) ORS 90.410 (3) does not apply to the abandonment or
relinquishment.
{ - (f) Noncompliance with written rules or policies. The fee
may not exceed $50. A fee may be assessed under this paragraph
only for the following types of noncompliance: - }
{ - (A) The late payment of a utility or service charge that
the tenant owes the landlord as described in ORS 90.315. - }
{ - (B) Failure to clean up pet waste from a part of the
premises other than the dwelling unit. - }
{ - (C) Failure to clean up garbage, rubbish and other waste
from a part of the premises other than the dwelling unit. - }
{ - (D) Parking violations. - }
{ - (E) The improper use of vehicles within the premises. - }
{ + (3)(a) A landlord may charge a tenant a fee under this
subsection for a second noncompliance or for a subsequent
noncompliance with written rules or policies that describe the
prohibited conduct and the fee for a second noncompliance, and
for any third or subsequent noncompliance, that occurs within one
year after a written warning notice described in subparagraph (A)
of this paragraph. The fee may not exceed $50 for the second
noncompliance within one year after the warning notice for the
same or a similar noncompliance or $50 plus five percent of the
rent payment for the current rental period for a third or
subsequent noncompliance within one year after the warning notice
for the same or a similar noncompliance. The landlord:
(A) Shall give a tenant a written warning notice that
describes:
(i) A specific noncompliance before charging a fee for a second
or subsequent noncompliance for the same or similar conduct; and
(ii) The amount of the fee for a second noncompliance, and for
any subsequent noncompliance, that occurs within one year after
the warning notice.
(B) Shall give a tenant a written notice describing the
noncompliance when assessing a fee for a second or subsequent
noncompliance that occurs within one year after the warning
notice.
(C) Shall give a warning notice for a noncompliance or assess a
fee for a second or subsequent noncompliance within 30 days after
the act constituting noncompliance.
(D) May terminate a tenancy for a noncompliance consistent with
this chapter instead of assessing a fee under this subsection,
but may not assess a fee and terminate a tenancy for the same
noncompliance.
Enrolled Senate Bill 91 (SB 91-A) Page 9
(E) May not deduct a fee assessed pursuant to this subsection
from a rent payment for the current or a subsequent rental
period.
(b) A landlord may charge a tenant a fee for occurrences of
noncompliance with written rules or policies as provided in
paragraph (a) of this subsection for the following types of
noncompliance:
(A) The late payment of a utility or service charge that the
tenant owes the landlord as described in ORS 90.315.
(B) Failure to clean up pet waste from a part of the premises
other than the dwelling unit.
(C) Failure to clean up garbage, rubbish and other waste from a
part of the premises other than the dwelling unit.
(D) Parking violations.
(E) The improper use of vehicles within the premises.
(F) Smoking in a clearly designated nonsmoking unit or area of
the premises.
(G) Keeping on the premises an unauthorized pet capable of
causing damage to persons or property, as described in ORS
90.405. + }
{ - (3) - } { + (4) + } A landlord may not be required to
account for or return to the tenant any fee.
{ - (4) - } { + (5) + } Except as provided in subsection
(2)(e) of this section, a landlord may not charge a tenant any
form of liquidated damages, however designated.
{ - (5) - } { + (6) + } Nonpayment of a fee 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).
{ - (6) - } { + (7) + } This section does not apply to:
(a) Attorney fees awarded pursuant to ORS 90.255;
(b) Applicant screening charges paid pursuant to ORS 90.295;
{ - or - }
(c) Charges for improvements or other actions that are
requested by the tenant and are not required of the landlord by
the rental agreement or by law { - . - } { + , including the
cost to replace a key lost by a tenant;
(d) Processing fees charged to the landlord by a credit card
company and passed through to the tenant for the use of a credit
card by the tenant to make a payment when:
(A) The credit card company allows processing fees to be passed
through to the credit card holder; and
(B) The landlord allows the tenant to pay in cash or by check;
or
(e) A requirement by a landlord in a written rental agreement
that a tenant obtain and maintain renter's liability insurance
pursuant to section 2 of this 2013 Act. + }
SECTION 9. ORS 90.320 is amended to read:
90.320. (1) A landlord shall at all times during the tenancy
maintain the dwelling unit in a habitable condition. For purposes
of this section, a dwelling unit shall be considered unhabitable
if it substantially lacks:
(a) Effective waterproofing and weather protection of roof and
exterior walls, including windows and doors;
(b) Plumbing facilities that conform to applicable law in
effect at the time of installation, and maintained in good
working order;
(c) A water supply approved under applicable law that is:
(A) Under the control of the tenant or landlord and is capable
of producing hot and cold running water;
Enrolled Senate Bill 91 (SB 91-A) Page 10
(B) Furnished to appropriate fixtures;
(C) Connected to a sewage disposal system approved under
applicable law; and
(D) Maintained so as to provide safe drinking water and to be
in good working order to the extent that the system can be
controlled by the landlord;
(d) Adequate heating facilities that conform to applicable law
at the time of installation and maintained in good working order;
(e) Electrical lighting with wiring and electrical equipment
that conform to applicable law at the time of installation and
maintained in good working order;
(f) Buildings, grounds and appurtenances at the time of the
commencement of the rental agreement in every part safe for
normal and reasonably foreseeable uses, clean, sanitary and free
from all accumulations of debris, filth, rubbish, garbage,
rodents and vermin, and all areas under control of the landlord
kept in every part safe for normal and reasonably foreseeable
uses, clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin;
(g) Except as otherwise provided by local ordinance or by
written agreement between the landlord and the tenant, an
adequate number of appropriate receptacles for garbage and
rubbish in clean condition and good repair at the time of the
commencement of the rental agreement, and the landlord shall
provide and maintain appropriate serviceable receptacles
thereafter and arrange for their removal;
(h) Floors, walls, ceilings, stairways and railings maintained
in good repair;
(i) Ventilating, air conditioning and other facilities and
appliances, including elevators, maintained in good repair if
supplied or required to be supplied by the landlord;
(j) Safety from fire hazards, including a working smoke alarm
or smoke detector, with working batteries if solely
battery-operated, provided only at the beginning of any new
tenancy when the tenant first takes possession of the premises,
as provided in ORS 479.270, but not to include the tenant's
testing of the smoke alarm or smoke detector as provided in ORS
90.325 (1);
(k) A carbon monoxide alarm, and the dwelling unit { - or the
structure in which the dwelling unit is a part - } { + :
(A) + }Contains a carbon monoxide source { - as defined in
ORS 105.836 - } ; or
{ + (B) Is located within a structure that contains a carbon
monoxide source and the dwelling unit is connected to the room in
which the carbon monoxide source is located by a door, ductwork
or a ventilation shaft; or + }
(L) Working locks for all dwelling entrance doors, and, unless
contrary to applicable law, latches for all windows, by which
access may be had to that portion of the premises that the tenant
is entitled under the rental agreement to occupy to the exclusion
of others and keys for those locks that require keys.
(2) The landlord and tenant may agree in writing that the
tenant is to perform specified repairs, maintenance tasks and
minor remodeling only if:
(a) The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the
landlord;
(b) The agreement does not diminish the obligations of the
landlord to other tenants in the premises; and
Enrolled Senate Bill 91 (SB 91-A) Page 11
(c) The terms and conditions of the agreement are clearly and
fairly disclosed and adequate consideration for the agreement is
specifically stated.
(3) Any provisions of this section that reasonably apply only
to a structure that is used as a home, residence or sleeping
place shall not apply to a manufactured dwelling, recreational
vehicle or floating home where the tenant owns the manufactured
dwelling, recreational vehicle or floating home, rents the space
and, in the case of a dwelling or home, the space is not in a
facility. Manufactured dwelling or floating home tenancies in
which the tenant owns the dwelling or home and rents space in a
facility shall be governed by ORS 90.730, not by this section.
SECTION 10. ORS 90.367 is amended to read:
90.367. (1) A tenant who receives actual notice that the
property that is the subject of the tenant's rental agreement
with a landlord is in foreclosure may apply the tenant's security
deposit or prepaid rent to the tenant's obligation to the
landlord. The tenant must notify the landlord in writing that the
tenant intends to do so. The giving of the notice provided by
this subsection by the tenant does not constitute a termination
of the tenancy.
(2) A landlord may not terminate the tenancy of a tenant:
(a) Because the tenant has applied the security deposit or
prepaid rent as allowed under { + subsection (1) of + } this
section.
(b) For nonpayment of rent during the month in which the tenant
applies the security deposit or prepaid rent pursuant to { +
subsection (1) of + } this section unless an unpaid balance
remains due after applying all payments, including the security
deposit or prepaid rent, to the rent.
(3) If the tenant has not provided the written notice applying
the security deposit or prepaid rent as required under subsection
(1) of this section before the landlord gives a termination
notice for nonpayment of rent, the tenant must provide the
written notice within the notice period provided by ORS 90.392 or
90.394. If the tenant does not provide the written notice, the
landlord may terminate the tenancy based upon ORS 90.392 or
90.394.
(4) Application of the security deposit or prepaid rent { +
pursuant to subsection (1) of this section + } to an obligation
owed to the landlord does not constitute a partial payment under
ORS 90.417.
(5) If the landlord provides written evidence from a lender or
trustee that the property is no longer in foreclosure, the
landlord may require the tenant to restore the security deposit
or prepaid rent to the amount required prior to the tenant's
application of the security deposit or prepaid rent. The landlord
shall allow the tenant at least two months to restore the
security deposit or prepaid rent. { +
(6)(a) A tenant with a fixed term tenancy who receives actual
notice that the property that is the subject of the tenant's
rental agreement with a landlord is in foreclosure may terminate
the tenancy by delivering a written notice to the landlord
specifying that the tenant has received notice that the property
is in foreclosure and that the tenancy will terminate upon a
designated date that is not less than 60 days after delivery of
the notice unless within 30 days the landlord provides the tenant
with written evidence from a lender or trustee that the property
is no longer in foreclosure or with written evidence that a
Enrolled Senate Bill 91 (SB 91-A) Page 12
receiver has been appointed by a court of competent jurisdiction
to oversee the operation of the property.
(b) If the landlord does not provide the tenant with written
evidence as described in paragraph (a) of this subsection within
the 30-day period after delivery of the notice of termination,
the tenancy terminates as provided in the notice. + }
SECTION 11. ORS 90.390 is amended to read:
90.390. (1) A landlord may not discriminate against a tenant in
violation of local, state or federal law, including ORS 346.630,
346.660, 346.690, 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.
{ - (4) A landlord may not discriminate against an applicant
solely because the applicant was a defendant in an action for
possession pursuant to ORS 105.105 to 105.168 that was dismissed
or that resulted in general judgment for the defendant prior to
the application. This subsection does not apply if the prior
action has not resulted in a dismissal or general judgment at the
time of the application. If the landlord knowingly acts in
violation of this subsection, the applicant may recover actual
damages or $200, whichever is greater. - }
SECTION 12. ORS 90.425 is amended to read:
90.425. (1) As used in this section:
(a) 'Current market value' means the amount in cash, as
determined by the county assessor, that could reasonably be
expected to be paid for a manufactured dwelling or floating home
by an informed buyer to an informed seller, each acting without
compulsion in an arm's-length transaction occurring on the
assessment date for the tax year or on the date of a subsequent
reappraisal by the county assessor.
(b) 'Dispose of the personal property' means that, if
reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization
or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
(c) 'Goods' includes those goods left inside a recreational
vehicle, manufactured dwelling or floating home or left upon the
rental space outside a recreational vehicle, manufactured
dwelling or floating home, whether the recreational vehicle,
dwelling or home is located inside or outside of a facility.
(d) 'Lienholder' means any lienholder of an abandoned
recreational vehicle, manufactured dwelling or floating home, if
the lien is of record or the lienholder is actually known to the
landlord.
(e) 'Of record' means:
(A) For a recreational vehicle that is not a manufactured
structure as defined in ORS 446.561, that a security interest has
been properly recorded with the Department of Transportation
pursuant to ORS 802.200 (1)(a)(A) and 803.097.
(B) For a manufactured dwelling or recreational vehicle that is
a manufactured structure as defined in ORS 446.561, that a
security interest has been properly recorded for the manufactured
dwelling or recreational vehicle in the records of the Department
of Consumer and Business Services pursuant to ORS 446.611 or on a
Enrolled Senate Bill 91 (SB 91-A) Page 13
certificate of title issued by the Department of Transportation
prior to May 1, 2005.
(C) For a floating home, that a security interest has been
properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the
board pursuant to ORS 830.715.
(f) 'Owner' means any owner of an abandoned recreational
vehicle, manufactured dwelling or floating home, if different
from the tenant and either of record or actually known to the
landlord.
(g) 'Personal property' means goods, vehicles and recreational
vehicles and includes manufactured dwellings and floating homes
not located in a facility. 'Personal property ' does not include
manufactured dwellings and floating homes located in a facility
and therefore subject to being stored, sold or disposed of as
provided under ORS 90.675.
(2) A landlord { - may not - } { + is responsible for
abandoned personal property and shall + } store, sell or dispose
of abandoned personal property { - except - } as provided by
this section. This section governs the rights and obligations of
landlords, tenants and any lienholders or owners in any personal
property abandoned or left upon the premises by the tenant or any
lienholder or owner in the following circumstances:
(a) The tenancy has ended by termination or expiration of a
rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the personal property upon
the premises with no intention of asserting any further claim to
the premises or to the personal property;
(b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
(c) The landlord receives possession of the premises from the
sheriff following restitution pursuant to ORS 105.161.
(3) Prior to { + storing, + } selling or disposing of the
tenant's personal property under this section, the landlord must
give a written notice to the tenant that must be:
(a) Personally delivered to the tenant; or
(b) Sent by first class mail addressed and mailed to the tenant
at:
(A) The premises;
(B) Any post-office box held by the tenant and actually known
to the landlord; and
(C) The most recent forwarding address if provided by the
tenant or actually known to the landlord.
(4)(a) In addition to the notice required by subsection (3) of
this section, in the case of an abandoned recreational vehicle,
manufactured dwelling or floating home, a landlord shall also
give a copy of the notice described in subsection (3) of this
section to:
(A) Any lienholder of the recreational vehicle, manufactured
dwelling or floating home;
(B) Any owner of the recreational vehicle, manufactured
dwelling or floating home;
(C) The tax collector of the county where the manufactured
dwelling or floating home is located; and
(D) The assessor of the county where the manufactured dwelling
or floating home is located.
(b) The landlord shall give the notice copy required by this
subsection by personal delivery or first class mail, except that
Enrolled Senate Bill 91 (SB 91-A) Page 14
for any lienholder, mail service must be both by first class mail
and by certified mail with return receipt requested.
(c) A notice to lienholders under paragraph (a)(A) of this
subsection must be sent to each lienholder at each address:
(A) Actually known to the landlord;
(B) Of record; and
(C) Provided to the landlord by the lienholder in a written
notice that identifies the personal property subject to the lien
and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice
must identify the personal property by describing the physical
address of the property.
(5) The notice required under subsection (3) of this section
must state that:
(a) The personal property left upon the premises is considered
abandoned;
(b) The tenant or any lienholder or owner must contact the
landlord by a specified date, as provided in subsection (6) of
this section, to arrange for the removal of the abandoned
personal property;
(c) The personal property is stored at a place of safekeeping,
except that if the property includes a manufactured dwelling or
floating home, the dwelling or home must be stored on the rented
space;
(d) The tenant or any lienholder or owner, except as provided
by subsection (18) of this section, may arrange for removal of
the personal property by contacting the landlord at a described
telephone number or address on or before the specified date;
(e) The landlord shall make the personal property available for
removal by the tenant or any lienholder or owner, except as
provided by subsection (18) of this section, by appointment at
reasonable times;
(f) If the personal property is considered to be abandoned
pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of removal and storage charges, as
provided by subsection (7)(d) of this section, prior to releasing
the personal property to the tenant or any lienholder or owner;
(g) If the personal property is considered to be abandoned
pursuant to subsection (2)(c) of this section, the landlord may
not require payment of storage charges prior to releasing the
personal property;
(h) If the tenant or any lienholder or owner fails to contact
the landlord by the specified date, or after that contact, fails
to remove the personal property within 30 days for recreational
vehicles, manufactured dwellings and floating homes or 15 days
for all other personal property, the landlord may sell or dispose
of the personal property. If the landlord reasonably believes
that the personal property will be eligible for disposal pursuant
to subsection (10)(b) of this section and the landlord intends to
dispose of the property if the property is not claimed, the
notice shall state that belief and intent; and
(i) If the personal property includes a recreational vehicle,
manufactured dwelling or floating home and if applicable, there
is a lienholder or owner that has a right to claim the
recreational vehicle, dwelling or home, except as provided by
subsection (18) of this section.
(6) For purposes of subsection (5) of this section, the
specified date by which a tenant, lienholder or owner must
contact a landlord to arrange for the disposition of abandoned
personal property is:
Enrolled Senate Bill 91 (SB 91-A) Page 15
(a) For abandoned recreational vehicles, manufactured dwellings
or floating homes, not less than 45 days after personal delivery
or mailing of the notice; or
(b) For all other abandoned personal property, not less than
five days after personal delivery or eight days after mailing of
the notice.
(7) After notifying the tenant as required by subsection (3) of
this section, the landlord:
(a) Shall store any abandoned manufactured dwelling or floating
home on the rented space and shall exercise reasonable care for
the dwelling or home;
(b) Shall store all other abandoned personal property of the
tenant, including goods left inside a recreational vehicle,
manufactured dwelling or floating home or left upon the rented
space outside a recreational vehicle, dwelling or home, in a
place of safekeeping and shall exercise reasonable care for the
personal property, except that the landlord may:
(A) Promptly dispose of rotting food; and
(B) Allow an animal control agency to remove any abandoned pets
or livestock. If an animal control agency will not remove the
abandoned pets or livestock, the landlord shall exercise
reasonable care for the animals given all the circumstances,
including the type and condition of the animals, and may give the
animals to an agency that is willing and able to care for the
animals, such as a humane society or similar organization;
(c) Except for manufactured dwellings and floating homes, may
store the abandoned personal property at the dwelling unit, move
and store it elsewhere on the premises or move and store it at a
commercial storage company or other place of safekeeping; and
(d) Is entitled to reasonable or actual storage charges and
costs incidental to storage or disposal, including any cost of
removal to a place of storage. In the case of an abandoned
manufactured dwelling or floating home, the storage charge may be
no greater than the monthly space rent last payable by the
tenant.
(8) If a tenant, lienholder or owner, upon the receipt of the
notice provided by subsection (3) or (4) of this section or
otherwise, responds by actual notice to the landlord on or before
the specified date in the landlord's notice that the tenant,
lienholder or owner intends to remove the personal property from
the premises or from the place of safekeeping, the landlord must
make that personal property available for removal by the tenant,
lienholder or owner by appointment at reasonable times during the
15 days or, in the case of a recreational vehicle, manufactured
dwelling or floating home, 30 days following the date of the
response, subject to subsection (18) of this section. If the
personal property is considered to be abandoned pursuant to
subsection (2)(a) or (b) of this section, but not pursuant to
subsection (2)(c) of this section, the landlord may require
payment of removal and storage charges, as provided in subsection
(7)(d) of this section, prior to allowing the tenant, lienholder
or owner to remove the personal property. Acceptance by a
landlord of such payment does not operate to create or reinstate
a tenancy or create a waiver pursuant to ORS 90.412 or 90.417.
(9) Except as provided in subsections (18) to (20) of this
section, if the tenant, lienholder or owner of a recreational
vehicle, manufactured dwelling or floating home does not respond
within the time provided by the landlord's notice, or the tenant,
lienholder or owner does not remove the personal property within
the time required by subsection (8) of this section or by any
Enrolled Senate Bill 91 (SB 91-A) Page 16
date agreed to with the landlord, whichever is later, the
tenant's, lienholder's or owner's personal property is
conclusively presumed to be abandoned. The tenant and any
lienholder or owner that have been given notice pursuant to
subsection (3) or (4) of this section shall, except with regard
to the distribution of sale proceeds pursuant to subsection (13)
of this section, have no further right, title or interest to the
personal property and may not claim or sell the property.
(10) If the personal property is presumed to be abandoned under
subsection (9) of this section, the landlord then may:
(a) Sell the personal property at a public or private sale,
provided that prior to the sale of a recreational vehicle,
manufactured dwelling or floating home:
(A) The landlord may seek to transfer ownership of record of
the personal property by complying with the requirements of the
appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a newspaper of general circulation in the
county in which the recreational vehicle, manufactured dwelling
or floating home is located. The notice shall state:
(I) That the recreational vehicle, manufactured dwelling or
floating home is abandoned;
(II) The tenant's and owner's name, if of record or actually
known to the landlord;
(III) The address and any space number where the recreational
vehicle, manufactured dwelling or floating home is located, and
any plate, registration or other identification number for a
recreational vehicle or floating home noted on the certificate of
title, if actually known to the landlord;
(IV) Whether the sale is by private bidding or public auction;
(V) Whether the landlord is accepting sealed bids and, if so,
the last date on which bids will be accepted; and
(VI) The name and telephone number of the person to contact to
inspect the recreational vehicle, manufactured dwelling or
floating home;
(ii) At a reasonable time prior to the sale, give a copy of the
notice required by sub-subparagraph (i) of this subparagraph to
the tenant and to any lienholder and owner, by personal delivery
or first class mail, except that for any lienholder, mail service
must be by first class mail with certificate of mailing;
(iii) Obtain an affidavit of publication from the newspaper to
show that the notice required under sub-subparagraph (i) of this
subparagraph ran in the newspaper at least one day in each of two
consecutive weeks prior to the date scheduled for the sale or the
last date bids will be accepted; and
(iv) Obtain written proof from the county that all property
taxes and assessments on the manufactured dwelling or floating
home have been paid or, if not paid, that the county has
authorized the sale, with the sale proceeds to be distributed
pursuant to subsection (13) of this section;
(b) Destroy or otherwise dispose of the personal property if
the landlord determines that:
(A) For a manufactured dwelling or floating home, the current
market value of the property is $8,000 or less as determined by
the county assessor; or
(B) For all other personal property, the reasonable current
fair market value is $1,000 or less or so low that the cost of
storage and conducting a public sale probably exceeds the amount
that would be realized from the sale; or
Enrolled Senate Bill 91 (SB 91-A) Page 17
(c) Consistent with paragraphs (a) and (b) of this subsection,
sell certain items and destroy or otherwise dispose of the
remaining personal property.
(11)(a) A public or private sale authorized by this section
must:
(A) For a recreational vehicle, manufactured dwelling or
floating home, be conducted consistent with the terms listed in
subsection (10)(a)(B)(i) of this section. Every aspect of the
sale including the method, manner, time, place and terms must be
commercially reasonable; or
(B) For all other personal property, be conducted under the
provisions of ORS 79.0610.
(b) If there is no buyer at a sale of a manufactured dwelling
or floating home, the personal property is considered to be worth
$8,000 or less, regardless of current market value, and the
landlord shall destroy or otherwise dispose of the personal
property.
(12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord
intentionally misrepresents the condition of a manufactured
dwelling or floating home, the landlord is not liable for the
condition of the dwelling or home to:
(a) A buyer of the dwelling or home at a sale pursuant to
subsection (10)(a) of this section, with or without
consideration; or
(b) A person or nonprofit organization to whom the landlord
gives the dwelling or home pursuant to subsection (1)(b), (10)(b)
or (11)(b) of this section.
(13)(a) The landlord may deduct from the proceeds of the sale:
(A) The reasonable or actual cost of notice, storage and sale;
and
(B) Unpaid rent.
(b) If the sale was of a manufactured dwelling or floating
home, after deducting the amounts listed in paragraph (a) of this
subsection, the landlord shall remit the remaining proceeds, if
any, to the county tax collector to the extent of any unpaid
property taxes and assessments owed on the dwelling or home.
(c) If the sale was of a recreational vehicle, manufactured
dwelling or floating home, after deducting the amounts listed in
paragraphs (a) and (b) of this subsection, if applicable, the
landlord shall remit the remaining proceeds, if any, to any
lienholder to the extent of any unpaid balance owed on the lien
on the recreational vehicle, dwelling or home.
(d) After deducting the amounts listed in paragraphs (a), (b)
and (c) of this subsection, if applicable, the landlord shall
remit to the tenant or owner the remaining proceeds, if any,
together with an itemized accounting.
(e) If the tenant or owner cannot after due diligence be found,
the landlord shall deposit the remaining proceeds with the county
treasurer of the county in which the sale occurred. If not
claimed within three years, the deposited proceeds revert to the
general fund of the county and are available for general
purposes.
(14) The county tax collector shall cancel all unpaid property
taxes and assessments owed on a manufactured dwelling or floating
home, as provided under ORS 311.790, only under one of the
following circumstances:
(a) The landlord disposes of the manufactured dwelling or
floating home after a determination described in subsection
(10)(b) of this section.
Enrolled Senate Bill 91 (SB 91-A) Page 18
(b) There is no buyer of the manufactured dwelling or floating
home at a sale described under subsection (11) of this section.
(c)(A) There is a buyer of the manufactured dwelling or
floating home at a sale described under subsection (11) of this
section;
(B) The current market value of the manufactured dwelling or
floating home is $8,000 or less; and
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the dwelling or
home after distribution of the proceeds pursuant to subsection
(13) of this section.
(d)(A) The landlord buys the manufactured dwelling or floating
home at a sale described under subsection (11) of this section;
(B) The current market value of the manufactured dwelling or
floating home is more than $8,000;
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the manufactured
dwelling or floating home after distribution of the proceeds
pursuant to subsection (13) of this section; and
(D) The landlord disposes of the manufactured dwelling or
floating home.
(15) The landlord is not responsible for any loss to the
tenant, lienholder or owner resulting from storage of personal
property in compliance with this section unless the loss was
caused by the landlord's deliberate or negligent act. In the
event of a deliberate and malicious violation, the landlord is
liable for twice the actual damages sustained by the tenant,
lienholder or owner.
(16) Complete compliance in good faith with this section shall
constitute a complete defense in any action brought by a tenant,
lienholder or owner against a landlord for loss or damage to such
personal property disposed of pursuant to this section.
(17) If a landlord does not comply with this section:
(a) The tenant is relieved of any liability for damage to the
premises caused by conduct that was not deliberate, intentional
or grossly negligent and for unpaid rent and may recover from the
landlord up to twice the actual damages sustained by the tenant;
(b) A lienholder or owner aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the
lienholder or owner. ORS 90.255 does not authorize an award of
attorney fees to the prevailing party in any action arising under
this paragraph; and
(c) A county tax collector aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the tax
collector, if the noncompliance is part of an effort by the
landlord to defraud the tax collector. ORS 90.255 does not
authorize an award of attorney fees to the prevailing party in
any action arising under this paragraph.
(18) In the case of an abandoned recreational vehicle,
manufactured dwelling or floating home, the provisions of this
section regarding the rights and responsibilities of a tenant to
the abandoned vehicle, dwelling or home also apply to any
lienholder except that the lienholder may not sell or remove the
vehicle, dwelling or home unless:
(a) The lienholder has foreclosed its lien on the recreational
vehicle, manufactured dwelling or floating home;
(b) The tenant or a personal representative or designated
person described in subsection (20) of this section has waived
all rights under this section pursuant to subsection (26) of this
section; or
Enrolled Senate Bill 91 (SB 91-A) Page 19
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
(19)(a) In the case of an abandoned manufactured dwelling or
floating home but not including a dwelling or home abandoned
following a termination pursuant to ORS 90.429 and except as
provided by subsection (20)(d) and (e) of this section, if a
lienholder makes a timely response to a notice of abandoned
personal property pursuant to subsections (6) and (8) of this
section and so requests, a landlord shall enter into a written
storage agreement with the lienholder providing that the dwelling
or home may not be sold or disposed of by the landlord for up to
12 months. A storage agreement entitles the lienholder to store
the personal property on the previously rented space during the
term of the agreement, but does not entitle anyone to occupy the
personal property.
(b) The lienholder's right to a storage agreement arises upon
the failure of the tenant, owner or, in the case of a deceased
tenant, the personal representative, designated person, heir or
devisee to remove or sell the dwelling or home within the
allotted time.
(c) To exercise the right to a storage agreement under this
subsection, in addition to contacting the landlord with a timely
response as described in paragraph (a) of this subsection, the
lienholder must enter into the proposed storage agreement within
60 days after the landlord gives a copy of the agreement to the
lienholder. The landlord shall give a copy of the proposed
storage agreement to the lienholder in the same manner as
provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice
of abandoned property required by subsection (4) of this section.
A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering
or mailing the signed copy to the landlord within the 60-day
period.
(d) The storage agreement may require, in addition to other
provisions agreed to by the landlord and the lienholder, that:
(A) The lienholder make timely periodic payment of all storage
charges, as described in subsection (7)(d) of this section,
accruing from the commencement of the 45-day period described in
subsection (6) of this section. A storage charge may include a
utility or service charge, as described in ORS 90.532, if limited
to charges for electricity, water, sewer service and natural gas
and if incidental to the storage of personal property. A storage
charge may not be due more frequently than monthly;
(B) The lienholder pay a late charge or fee for failure to pay
a storage charge by the date required in the agreement, if the
amount of the late charge is no greater than for late charges
described in the rental agreement between the landlord and the
tenant; and
(C) The lienholder maintain the personal property and the space
on which the personal property is stored in a manner consistent
with the rights and obligations described in the rental agreement
between the landlord and the tenant.
(e) During the term of an agreement described under this
subsection, the lienholder has the right to remove or sell the
property, subject to the provisions of the lien. Selling the
property includes a sale to a purchaser who wishes to leave the
dwelling or home on the rented space and become a tenant, subject
to any conditions previously agreed to by the landlord and tenant
regarding the landlord's approval of a purchaser or, if there was
Enrolled Senate Bill 91 (SB 91-A) Page 20
no such agreement, any reasonable conditions by the landlord
regarding approval of any purchaser who wishes to leave the
dwelling or home on the rented space and become a tenant. The
landlord also may condition approval for occupancy of any
purchaser of the property upon payment of all unpaid storage
charges and maintenance costs.
(f)(A) If the lienholder violates the storage agreement, the
landlord may terminate the agreement by giving at least 90 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for the termination. Unless
the lienholder corrects the violation within the notice period,
the agreement terminates as provided and the landlord may sell or
dispose of the dwelling or home without further notice to the
lienholder.
(B) After a landlord gives a termination notice pursuant to
subparagraph (A) of this paragraph for failure of the lienholder
to pay a storage charge and the lienholder corrects the
violation, if the lienholder again violates the storage agreement
by failing to pay a subsequent storage charge, the landlord may
terminate the agreement by giving at least 30 days' written
notice to the lienholder stating facts sufficient to notify the
lienholder of the reason for termination. Unless the lienholder
corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of
the property without further notice to the lienholder.
(C) A lienholder may terminate a storage agreement at any time
upon at least 14 days' written notice to the landlord and may
remove the property from the rented space if the lienholder has
paid all storage charges and other charges as provided in the
agreement.
(g) Upon the failure of a lienholder to enter into a storage
agreement as provided by this subsection or upon termination of
an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the manufactured dwelling or
floating home, the landlord may sell or dispose of the property
pursuant to this section without further notice to the
lienholder.
(20) If the personal property is a manufactured dwelling or
floating home and is considered abandoned as a result of the
death of a tenant who was the only tenant and who owned the
dwelling or home, this section applies, except as follows:
(a) The following persons have the same rights and
responsibilities regarding the abandoned dwelling or home as a
tenant:
(A) Any personal representative named in a will or appointed by
a court to act for the deceased tenant.
(B) Any person designated in writing by the tenant to be
contacted by the landlord in the event of the tenant's death.
(b) The notice required by subsection (3) of this section must
be:
(A) Sent by first class mail to the deceased tenant at the
premises; and
(B) Personally delivered or sent by first class mail to any
personal representative or designated person, if actually known
to the landlord.
(c) The notice described in subsection (5) of this section must
refer to any personal representative or designated person,
instead of the deceased tenant, and must incorporate the
provisions of this subsection.
Enrolled Senate Bill 91 (SB 91-A) Page 21
(d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so
requests, the landlord shall enter into a written storage
agreement with the representative or person providing that the
dwelling or home may not be sold or disposed of by the landlord
for up to 90 days or until conclusion of any probate proceedings,
whichever is later. A storage agreement entitles the
representative or person to store the personal property on the
previously rented space during the term of the agreement, but
does not entitle anyone to occupy the personal property. If such
an agreement is entered, the landlord may not enter a similar
agreement with a lienholder pursuant to subsection (19) of this
section until the agreement with the personal representative or
designated person ends.
(e) If a personal representative or other person requests that
a landlord enter into a storage agreement, subsection (19)(c),
(d) and (f)(C) of this section applies, with the representative
or person having the rights and responsibilities of a lienholder
with regard to the storage agreement.
(f) During the term of an agreement described under paragraph
(d) of this subsection, the representative or person has the
right to remove or sell the dwelling or home, including a sale to
a purchaser or a transfer to an heir or devisee where the
purchaser, heir or devisee wishes to leave the dwelling or home
on the rented space and become a tenant, subject to any
conditions previously agreed to by the landlord and tenant
regarding the landlord's approval for occupancy of a purchaser,
heir or devisee or, if there was no such agreement, any
reasonable conditions by the landlord regarding approval for
occupancy of any purchaser, heir or devisee who wishes to leave
the dwelling or home on the rented space and become a tenant. The
landlord also may condition approval for occupancy of any
purchaser, heir or devisee of the dwelling or home upon payment
of all unpaid storage charges and maintenance costs.
(g) If the representative or person violates the storage
agreement, the landlord may terminate the agreement by giving at
least 30 days' written notice to the representative or person
stating facts sufficient to notify the representative or person
of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the dwelling or home without further notice to the
representative or person.
(h) Upon the failure of a representative or person to enter
into a storage agreement as provided by this subsection or upon
termination of an agreement, unless the parties otherwise agree
or the representative or person has sold or removed the
manufactured dwelling or floating home, the landlord may sell or
dispose of the property pursuant to this section without further
notice to the representative or person.
(21) If the personal property is other than a manufactured
dwelling or floating home and is considered abandoned as a result
of the death of a tenant who was the only tenant and who owned
the personal property, this section applies except as follows:
(a) The following persons have the same rights and
responsibilities regarding the abandoned personal property as a
tenant:
(A) An heir or devisee.
Enrolled Senate Bill 91 (SB 91-A) Page 22
(B) Any personal representative named in a will or appointed by
a court to act for the deceased tenant.
(C) Any person designated in writing by the tenant to be
contacted by the landlord in the event of the tenant's death.
(b) The notice required by subsection (3) of this section must
be:
(A) Sent by first class mail to the deceased tenant at the
premises;
(B) Personally delivered or sent by first class mail to any
heir, devisee, personal representative or designated person, if
actually known to the landlord; and
(C) Sent by first class mail to the attention of an estate
administrator of the Department of State Lands.
(c) The notice described in subsection (5) of this section must
refer to the heir, devisee, personal representative, designated
person or estate administrator of the department, instead of the
deceased tenant, and must incorporate the provisions of this
subsection.
(d) The landlord shall allow a person that is an heir, devisee
or personal representative of the tenant, or an estate
administrator of the department, to remove the personal property
if the person contacts the landlord within the period provided by
subsection (6) of this section, complies with the requirements of
this section and provides the landlord with reasonable evidence
that the person is an heir, devisee or personal representative,
or an estate administrator of the department.
(e) If neither an heir, devisee nor personal representative of
the tenant, nor an estate administrator of the department,
contacts the landlord within the time period provided by
subsection (6) of this section, the landlord shall allow removal
of the personal property by the designated person of the tenant,
if the designated person contacts the landlord within that period
and complies with the requirements of this section and provides
the landlord with reasonable evidence that the person is the
designated person.
(f) A landlord who allows removal of personal property under
this subsection is not liable to another person that has a claim
or interest in the personal property.
(22) If a governmental agency determines that the condition of
a manufactured dwelling, floating home or recreational vehicle
abandoned under this section constitutes an extreme health or
safety hazard under state or local law and the agency determines
that the hazard endangers others in the immediate vicinity and
requires quick removal of the property, the landlord may sell or
dispose of the property pursuant to this subsection. The landlord
shall comply with all provisions of this section, except as
follows:
(a) The date provided in subsection (6) of this section by
which a tenant, lienholder, owner, personal representative or
designated person must contact a landlord to arrange for the
disposition of the property must be not less than 15 days after
personal delivery or mailing of the notice required by subsection
(3) of this section.
(b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, owner, personal
representative or designated person must remove the property must
be not less than seven days after the tenant, lienholder, owner,
personal representative or designated person contacts the
landlord.
Enrolled Senate Bill 91 (SB 91-A) Page 23
(c) The notice required by subsection (3) of this section must
be as provided in subsection (5) of this section, except that:
(A) The dates and deadlines in the notice for contacting the
landlord and removing the property must be consistent with this
subsection;
(B) The notice must state that a governmental agency has
determined that the property constitutes an extreme health or
safety hazard and must be removed quickly; and
(C) The landlord shall attach a copy of the agency's
determination to the notice.
(d) If the tenant, a lienholder, owner, personal representative
or designated person does not remove the property within the time
allowed, the landlord or a buyer at a sale by the landlord under
subsection (11) of this section shall promptly remove the
property from the facility.
(e) A landlord is not required to enter into a storage
agreement with a lienholder, owner, personal representative or
designated person pursuant to subsection (19) of this section.
(23)(a) If an official or agency referred to in ORS 453.876
notifies the landlord that the official or agency has determined
that all or part of the premises is unfit for use as a result of
the presence of an illegal drug manufacturing site involving
methamphetamine, and the landlord complies with this subsection,
the landlord is not required to comply with subsections (1) to
(22) and (24) to (27) of this section with regard to personal
property left on the portion of the premises that the official or
agency has determined to be unfit for use.
(b) Upon receiving notice from an official or agency
determining the premises to be unfit for use, the landlord shall
promptly give written notice to the tenant as provided in
subsection (3) of this section. The landlord shall also attach a
copy of the notice in a secure manner to the main entrance of the
dwelling unit. The notice to the tenant shall include a copy of
the official's or agency's notice and state:
(A) That the premises, or a portion of the premises, has been
determined by an official or agency to be unfit for use due to
contamination from the manufacture of methamphetamine and that as
a result subsections (1) to (22) and (24) to (27) of this section
do not apply to personal property left on any portion of the
premises determined to be unfit for use;
(B) That the landlord has hired, or will hire, a contractor to
assess the level of contamination of the site and to
decontaminate the site;
(C) That upon hiring the contractor, the landlord will provide
to the tenant the name, address and telephone number of the
contractor; and
(D) That the tenant may contact the contractor to determine
whether any of the tenant's personal property may be removed from
the premises or may be decontaminated at the tenant's expense and
then removed.
(c) To the extent consistent with rules of the Department of
Human Services, the contractor may release personal property to
the tenant.
(d) If the contractor and the department determine that the
premises or the tenant's personal property is not unfit for use,
upon notification by the department of the determination, the
landlord shall comply with subsections (1) to (22) and (24) to
(27) of this section for any personal property left on the
premises.
Enrolled Senate Bill 91 (SB 91-A) Page 24
(e) Except as provided in paragraph (d) of this subsection, the
landlord is not responsible for storing or returning any personal
property left on the portion of the premises that is unfit for
use.
(24) In the case of an abandoned recreational vehicle,
manufactured dwelling or floating home that is owned by someone
other than the tenant, the provisions of this section regarding
the rights and responsibilities of a tenant to the abandoned
vehicle, dwelling or home also apply to that owner, with regard
only to the vehicle, dwelling or home, and not to any goods left
inside or outside the vehicle, dwelling or home.
(25) In the case of an abandoned motor vehicle, the procedure
authorized by ORS 98.830 and 98.835 for removal of abandoned
motor vehicles from private property may be used by a landlord as
an alternative to the procedures required in this section.
(26)(a) A landlord may sell or dispose of a tenant's abandoned
personal property without complying with subsections (1) to (25)
and (27) of this section if, after termination of the tenancy or
no more than seven days prior to the termination of the tenancy,
the following parties so agree in a writing entered into in good
faith:
(A) The landlord;
(B) The tenant, or for an abandonment as the result of the
death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to
possession of the personal property, such as an heir or devisee,
as described in subsection (20) or (21) of this section; and
(C) In the case of a manufactured dwelling, floating home or
recreational vehicle, any owner and any lienholder.
(b) A landlord may not, as part of a rental agreement, require
a tenant, a personal representative, a designated person or any
lienholder or owner to waive any right provided by this section.
(27) Until personal property is conclusively presumed to be
abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal
property.
SECTION 13. ORS 90.675 is amended to read:
90.675. (1) As used in this section:
(a) 'Current market value' means the amount in cash, as
determined by the county assessor, that could reasonably be
expected to be paid for personal property by an informed buyer to
an informed seller, each acting without compulsion in an
arm's-length transaction occurring on the assessment date for the
tax year or on the date of a subsequent reappraisal by the county
assessor.
(b) 'Dispose of the personal property' means that, if
reasonably appropriate, the landlord may throw away the property
or may give it without consideration to a nonprofit organization
or to a person unrelated to the landlord. The landlord may not
retain the property for personal use or benefit.
(c) 'Lienholder' means any lienholder of abandoned personal
property, if the lien is of record or the lienholder is actually
known to the landlord.
(d) 'Of record' means:
(A) For a manufactured dwelling, that a security interest has
been properly recorded in the records of the Department of
Consumer and Business Services pursuant to ORS 446.611 or on a
certificate of title issued by the Department of Transportation
prior to May 1, 2005.
Enrolled Senate Bill 91 (SB 91-A) Page 25
(B) For a floating home, that a security interest has been
properly recorded with the State Marine Board pursuant to ORS
830.740 to 830.755 for a home registered and titled with the
board pursuant to ORS 830.715.
(e) 'Personal property' means only a manufactured dwelling or
floating home located in a facility and subject to ORS 90.505 to
90.840. 'Personal property' does not include goods left inside a
manufactured dwelling or floating home or left upon a rented
space and subject to disposition under ORS 90.425.
(2) A landlord { - may not - } { + is responsible for
abandoned personal property and shall + }store, sell or dispose
of abandoned personal property { - except - } as provided by
this section. This section governs the rights and obligations of
landlords, tenants and any lienholders in any personal property
abandoned or left upon the premises by the tenant or any
lienholder in the following circumstances:
(a) The tenancy has ended by termination or expiration of a
rental agreement or by relinquishment or abandonment of the
premises and the landlord reasonably believes under all the
circumstances that the tenant has left the personal property upon
the premises with no intention of asserting any further claim to
the premises or to the personal property;
(b) The tenant has been absent from the premises continuously
for seven days after termination of a tenancy by a court order
that has not been executed; or
(c) The landlord receives possession of the premises from the
sheriff following restitution pursuant to ORS 105.161.
(3) Prior to { + storing, + } selling or disposing of the
tenant's personal property under this section, the landlord must
give a written notice to the tenant that must be:
(a) Personally delivered to the tenant; or
(b) Sent by first class mail addressed and mailed to the tenant
at:
(A) The premises;
(B) Any post-office box held by the tenant and actually known
to the landlord; and
(C) The most recent forwarding address if provided by the
tenant or actually known to the landlord.
(4)(a) A landlord shall also give a copy of the notice
described in subsection (3) of this section to:
(A) Any lienholder of the personal property;
(B) The tax collector of the county where the personal property
is located; and
(C) The assessor of the county where the personal property is
located.
(b) The landlord shall give the notice copy required by this
subsection by personal delivery or first class mail, except that
for any lienholder, mail service must be both by first class mail
and by certified mail with return receipt requested.
(c) A notice to lienholders under paragraph (a)(A) of this
subsection must be sent to each lienholder at each address:
(A) Actually known to the landlord;
(B) Of record; and
(C) Provided to the landlord by the lienholder in a written
notice that identifies the personal property subject to the lien
and that was sent to the landlord by certified mail with return
receipt requested within the preceding five years. The notice
must identify the personal property by describing the physical
address of the property.
Enrolled Senate Bill 91 (SB 91-A) Page 26
(5) The notice required under subsection (3) of this section
must state that:
(a) The personal property left upon the premises is considered
abandoned;
(b) The tenant or any lienholder must contact the landlord by a
specified date, as provided in subsection (6) of this section, to
arrange for the removal of the abandoned personal property;
(c) The personal property is stored on the rented space;
(d) The tenant or any lienholder, except as provided by
subsection (18) of this section, may arrange for removal of the
personal property by contacting the landlord at a described
telephone number or address on or before the specified date;
(e) The landlord shall make the personal property available for
removal by the tenant or any lienholder, except as provided by
subsection (18) of this section, by appointment at reasonable
times;
(f) If the personal property is considered to be abandoned
pursuant to subsection (2)(a) or (b) of this section, the
landlord may require payment of storage charges, as provided by
subsection (7)(b) of this section, prior to releasing the
personal property to the tenant or any lienholder;
(g) If the personal property is considered to be abandoned
pursuant to subsection (2)(c) of this section, the landlord may
not require payment of storage charges prior to releasing the
personal property;
(h) If the tenant or any lienholder fails to contact the
landlord by the specified date or fails to remove the personal
property within 30 days after that contact, the landlord may sell
or dispose of the personal property. If the landlord reasonably
believes the county assessor will determine that the current
market value of the personal property is $8,000 or less, and the
landlord intends to dispose of the property if the property is
not claimed, the notice shall state that belief and intent; and
(i) If applicable, there is a lienholder that has a right to
claim the personal property, except as provided by subsection
(18) of this section.
(6) For purposes of subsection (5) of this section, the
specified date by which a tenant or lienholder must contact a
landlord to arrange for the disposition of abandoned personal
property must be not less than 45 days after personal delivery or
mailing of the notice.
(7) After notifying the tenant as required by subsection (3) of
this section, the landlord:
(a) Shall store the abandoned personal property of the tenant
on the rented space and shall exercise reasonable care for the
personal property; and
(b) Is entitled to reasonable or actual storage charges and
costs incidental to storage or disposal. The storage charge may
be no greater than the monthly space rent last payable by the
tenant.
(8) If a tenant or lienholder, upon the receipt of the notice
provided by subsection (3) or (4) of this section or otherwise,
responds by actual notice to the landlord on or before the
specified date in the landlord's notice that the tenant or
lienholder intends to remove the personal property from the
premises, the landlord must make that personal property available
for removal by the tenant or lienholder by appointment at
reasonable times during the 30 days following the date of the
response, subject to subsection (18) of this section. If the
personal property is considered to be abandoned pursuant to
Enrolled Senate Bill 91 (SB 91-A) Page 27
subsection (2)(a) or (b) of this section, but not pursuant to
subsection (2)(c) of this section, the landlord may require
payment of storage charges, as provided in subsection (7)(b) of
this section, prior to allowing the tenant or lienholder to
remove the personal property. Acceptance by a landlord of such
payment does not operate to create or reinstate a tenancy or
create a waiver pursuant to ORS 90.412 or 90.417.
(9) Except as provided in subsections (18) to (20) of this
section, if the tenant or lienholder does not respond within the
time provided by the landlord's notice, or the tenant or
lienholder does not remove the personal property within 30 days
after responding to the landlord or by any date agreed to with
the landlord, whichever is later, the personal property is
conclusively presumed to be abandoned. The tenant and any
lienholder that have been given notice pursuant to subsection (3)
or (4) of this section shall, except with regard to the
distribution of sale proceeds pursuant to subsection (13) of this
section, have no further right, title or interest to the personal
property and may not claim or sell the property.
(10) If the personal property is presumed to be abandoned under
subsection (9) of this section, the landlord then may:
(a) Sell the personal property at a public or private sale,
provided that prior to the sale:
(A) The landlord may seek to transfer ownership of record of
the personal property by complying with the requirements of the
appropriate state agency; and
(B) The landlord shall:
(i) Place a notice in a newspaper of general circulation in the
county in which the personal property is located. The notice
shall state:
(I) That the personal property is abandoned;
(II) The tenant's name;
(III) The address and any space number where the personal
property is located, and any plate, registration or other
identification number for a floating home noted on the title, if
actually known to the landlord;
(IV) Whether the sale is by private bidding or public auction;
(V) Whether the landlord is accepting sealed bids and, if so,
the last date on which bids will be accepted; and
(VI) The name and telephone number of the person to contact to
inspect the personal property;
(ii) At a reasonable time prior to the sale, give a copy of the
notice required by sub-subparagraph (i) of this subparagraph to
the tenant and to any lienholder, by personal delivery or first
class mail, except that for any lienholder, mail service must be
by first class mail with certificate of mailing;
(iii) Obtain an affidavit of publication from the newspaper to
show that the notice required under sub-subparagraph (i) of this
subparagraph ran in the newspaper at least one day in each of two
consecutive weeks prior to the date scheduled for the sale or the
last date bids will be accepted; and
(iv) Obtain written proof from the county that all property
taxes and assessments on the personal property have been paid or,
if not paid, that the county has authorized the sale, with the
sale proceeds to be distributed pursuant to subsection (13) of
this section; or
(b) Destroy or otherwise dispose of the personal property if
the landlord determines from the county assessor that the current
market value of the property is $8,000 or less.
Enrolled Senate Bill 91 (SB 91-A) Page 28
(11)(a) A public or private sale authorized by this section
must be conducted consistent with the terms listed in subsection
(10)(a)(B)(i) of this section. Every aspect of the sale including
the method, manner, time, place and terms must be commercially
reasonable.
(b) If there is no buyer at a sale described under paragraph
(a) of this subsection, the personal property is considered to be
worth $8,000 or less, regardless of current market value, and the
landlord shall destroy or otherwise dispose of the personal
property.
(12) Notwithstanding ORS 446.155 (1) and (2), unless a landlord
intentionally misrepresents the condition of personal property,
the landlord is not liable for the condition of the personal
property to:
(a) A buyer of the personal property at a sale pursuant to
subsection (10)(a) of this section, with or without
consideration; or
(b) A person or nonprofit organization to whom the landlord
gives the personal property pursuant to subsection (1)(b),
(10)(b) or (11)(b) of this section.
(13)(a) The landlord may deduct from the proceeds of the sale:
(A) The reasonable or actual cost of notice, storage and sale;
and
(B) Unpaid rent.
(b) After deducting the amounts listed in paragraph (a) of this
subsection, the landlord shall remit the remaining proceeds, if
any, to the county tax collector to the extent of any unpaid
property taxes and assessments owed on the dwelling or home.
(c) After deducting the amounts listed in paragraphs (a) and
(b) of this subsection, if applicable, the landlord shall remit
the remaining proceeds, if any, to any lienholder to the extent
of any unpaid balance owed on the lien on the personal property.
(d) After deducting the amounts listed in paragraphs (a), (b)
and (c) of this subsection, if applicable, the landlord shall
remit to the tenant the remaining proceeds, if any, together with
an itemized accounting.
(e) If the tenant cannot after due diligence be found, the
landlord shall deposit the remaining proceeds with the county
treasurer of the county in which the sale occurred. If not
claimed within three years, the deposited proceeds revert to the
general fund of the county and are available for general
purposes.
(14) The county tax collector shall cancel all unpaid property
taxes and assessments as provided under ORS 311.790 only under
one of the following circumstances:
(a) The landlord disposes of the personal property after a
determination described in subsection (10)(b) of this section.
(b) There is no buyer of the personal property at a sale
described under subsection (11) of this section.
(c)(A) There is a buyer of the personal property at a sale
described under subsection (11) of this section;
(B) The current market value of the personal property is $8,000
or less; and
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the personal
property after distribution of the proceeds pursuant to
subsection (13) of this section.
(d)(A) The landlord buys the personal property at a sale
described under subsection (11) of this section;
Enrolled Senate Bill 91 (SB 91-A) Page 29
(B) The current market value of the personal property is more
than $8,000;
(C) The proceeds of the sale are insufficient to satisfy the
unpaid property taxes and assessments owed on the personal
property after distribution of the proceeds pursuant to
subsection (13) of this section; and
(D) The landlord disposes of the personal property.
(15) The landlord is not responsible for any loss to the tenant
or lienholder resulting from storage of personal property in
compliance with this section unless the loss was caused by the
landlord's deliberate or negligent act. In the event of a
deliberate and malicious violation, the landlord is liable for
twice the actual damages sustained by the tenant or lienholder.
(16) Complete compliance in good faith with this section shall
constitute a complete defense in any action brought by a tenant
or lienholder against a landlord for loss or damage to such
personal property disposed of pursuant to this section.
(17) If a landlord does not comply with this section:
(a) The tenant is relieved of any liability for damage to the
premises caused by conduct that was not deliberate, intentional
or grossly negligent and for unpaid rent and may recover from the
landlord up to twice the actual damages sustained by the tenant;
(b) A lienholder aggrieved by the noncompliance may recover
from the landlord the actual damages sustained by the lienholder.
ORS 90.255 does not authorize an award of attorney fees to the
prevailing party in any action arising under this paragraph; and
(c) A county tax collector aggrieved by the noncompliance may
recover from the landlord the actual damages sustained by the tax
collector, if the noncompliance is part of an effort by the
landlord to defraud the tax collector. ORS 90.255 does not
authorize an award of attorney fees to the prevailing party in
any action arising under this paragraph.
(18) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
also apply to any lienholder, except that the lienholder may not
sell or remove the dwelling or home unless:
(a) The lienholder has foreclosed the lien on the manufactured
dwelling or floating home;
(b) The tenant or a personal representative or designated
person described in subsection (20) of this section has waived
all rights under this section pursuant to subsection (22) of this
section; or
(c) The notice and response periods provided by subsections (6)
and (8) of this section have expired.
(19)(a) Except as provided by subsection (20)(d) and (e) of
this section, if a lienholder makes a timely response to a notice
of abandoned personal property pursuant to subsections (6) and
(8) of this section and so requests, a landlord shall enter into
a written storage agreement with the lienholder providing that
the personal property may not be sold or disposed of by the
landlord for up to 12 months. A storage agreement entitles the
lienholder to store the personal property on the previously
rented space during the term of the agreement, but does not
entitle anyone to occupy the personal property.
(b) The lienholder's right to a storage agreement arises upon
the failure of the tenant or, in the case of a deceased tenant,
the personal representative, designated person, heir or devisee
to remove or sell the dwelling or home within the allotted time.
(c) To exercise the right to a storage agreement under this
subsection, in addition to contacting the landlord with a timely
Enrolled Senate Bill 91 (SB 91-A) Page 30
response as described in paragraph (a) of this subsection, the
lienholder must enter into the proposed storage agreement within
60 days after the landlord gives a copy of the agreement to the
lienholder. The landlord shall give a copy of the proposed
storage agreement to the lienholder in the same manner as
provided by subsection (4)(b) of this section. The landlord may
include a copy of the proposed storage agreement with the notice
of abandoned property required by subsection (4) of this section.
A lienholder enters into a storage agreement by signing a copy of
the agreement provided by the landlord and personally delivering
or mailing the signed copy to the landlord within the 60-day
period.
(d) The storage agreement may require, in addition to other
provisions agreed to by the landlord and the lienholder, that:
(A) The lienholder make timely periodic payment of all storage
charges, as described in subsection (7)(b) of this section,
accruing from the commencement of the 45-day period described in
subsection (6) of this section. A storage charge may include a
utility or service charge, as described in ORS 90.532, if limited
to charges for electricity, water, sewer service and natural gas
and if incidental to the storage of personal property. A storage
charge may not be due more frequently than monthly;
(B) The lienholder pay a late charge or fee for failure to pay
a storage charge by the date required in the agreement, if the
amount of the late charge is no greater than for late charges
imposed on facility tenants;
(C) The lienholder maintain the personal property and the space
on which the personal property is stored in a manner consistent
with the rights and obligations described in the rental agreement
that the landlord currently provides to tenants as required by
ORS 90.510 (4); and
(D) The lienholder repair any defects in the physical condition
of the personal property that existed prior to the lienholder
entering into the storage agreement, if the defects and necessary
repairs are reasonably described in the storage agreement and,
for homes that were first placed on the space within the previous
24 months, the repairs are reasonably consistent with facility
standards in effect at the time of placement. The lienholder
shall have 90 days after entering into the storage agreement to
make the repairs. Failure to make the repairs within the allotted
time constitutes a violation of the storage agreement and the
landlord may terminate the agreement by giving at least 14 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for termination. Unless the
lienholder corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
(e) Notwithstanding subsection (7)(b) of this section, a
landlord may increase the storage charge if the increase is part
of a facility-wide rent increase for all facility tenants, the
increase is no greater than the increase for other tenants and
the landlord gives the lienholder written notice consistent with
the requirements of ORS 90.600 (1).
(f) During the term of an agreement described under this
subsection, the lienholder has the right to remove or sell the
property, subject to the provisions of the lien. Selling the
property includes a sale to a purchaser who wishes to leave the
property on the rented space and become a tenant, subject to the
provisions of ORS 90.680. The landlord may condition approval for
Enrolled Senate Bill 91 (SB 91-A) Page 31
occupancy of any purchaser of the property upon payment of all
unpaid storage charges and maintenance costs.
(g)(A) Except as provided in paragraph (d)(D) of this
subsection, if the lienholder violates the storage agreement, the
landlord may terminate the agreement by giving at least 90 days'
written notice to the lienholder stating facts sufficient to
notify the lienholder of the reason for the termination. Unless
the lienholder corrects the violation within the notice period,
the agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the lienholder.
(B) After a landlord gives a termination notice pursuant to
subparagraph (A) of this paragraph for failure of the lienholder
to pay a storage charge and the lienholder corrects the
violation, if the lienholder again violates the storage agreement
by failing to pay a subsequent storage charge, the landlord may
terminate the agreement by giving at least 30 days' written
notice to the lienholder stating facts sufficient to notify the
lienholder of the reason for termination. Unless the lienholder
corrects the violation within the notice period, the agreement
terminates as provided and the landlord may sell or dispose of
the property without further notice to the lienholder.
(C) A lienholder may terminate a storage agreement at any time
upon at least 14 days' written notice to the landlord and may
remove the property from the facility if the lienholder has paid
all storage charges and other charges as provided in the
agreement.
(h) Upon the failure of a lienholder to enter into a storage
agreement as provided by this subsection or upon termination of
an agreement, unless the parties otherwise agree or the
lienholder has sold or removed the property, the landlord may
sell or dispose of the property pursuant to this section without
further notice to the lienholder.
(20) If the personal property is considered abandoned as a
result of the death of a tenant who was the only tenant, this
section applies, except as follows:
(a) The provisions of this section regarding the rights and
responsibilities of a tenant to the abandoned personal property
shall apply to any personal representative named in a will or
appointed by a court to act for the deceased tenant or any person
designated in writing by the tenant to be contacted by the
landlord in the event of the tenant's death.
(b) The notice required by subsection (3) of this section must
be:
(A) Sent by first class mail to the deceased tenant at the
premises; and
(B) Personally delivered or sent by first class mail to any
personal representative or designated person if actually known to
the landlord.
(c) The notice described in subsection (5) of this section must
refer to any personal representative or designated person,
instead of the deceased tenant, and must incorporate the
provisions of this subsection.
(d) If a personal representative, designated person or other
person entitled to possession of the property, such as an heir or
devisee, responds by actual notice to a landlord within the
45-day period provided by subsection (6) of this section and so
requests, the landlord shall enter into a written storage
agreement with the representative or person providing that the
personal property may not be sold or disposed of by the landlord
for up to 90 days or until conclusion of any probate proceedings,
Enrolled Senate Bill 91 (SB 91-A) Page 32
whichever is later. A storage agreement entitles the
representative or person to store the personal property on the
previously rented space during the term of the agreement, but
does not entitle anyone to occupy the personal property. If such
an agreement is entered, the landlord may not enter a similar
agreement with a lienholder pursuant to subsection (19) of this
section until the agreement with the personal representative or
designated person ends.
(e) If a personal representative or other person requests that
a landlord enter into a storage agreement, subsection (19)(c) to
(e) and (g)(C) of this section applies, with the representative
or person having the rights and responsibilities of a lienholder
with regard to the storage agreement.
(f) During the term of an agreement described under paragraph
(d) of this subsection, the representative or person has the
right to remove or sell the property, including a sale to a
purchaser or a transfer to an heir or devisee where the
purchaser, heir or devisee wishes to leave the property on the
rented space and become a tenant, subject to the provisions of
ORS 90.680. The landlord also may condition approval for
occupancy of any purchaser, heir or devisee of the property upon
payment of all unpaid storage charges and maintenance costs.
(g) If the representative or person violates the storage
agreement, the landlord may terminate the agreement by giving at
least 30 days' written notice to the representative or person
stating facts sufficient to notify the representative or person
of the reason for the termination. Unless the representative or
person corrects the violation within the notice period, the
agreement terminates as provided and the landlord may sell or
dispose of the property without further notice to the
representative or person.
(h) Upon the failure of a representative or person to enter
into a storage agreement as provided by this subsection or upon
termination of an agreement, unless the parties otherwise agree
or the representative or person has sold or removed the property,
the landlord may sell or dispose of the property pursuant to this
section without further notice to the representative or person.
(21) If a governmental agency determines that the condition of
personal property abandoned under this section constitutes an
extreme health or safety hazard under state or local law and the
agency determines that the hazard endangers others in the
facility and requires quick removal of the property, the landlord
may sell or dispose of the property pursuant to this subsection.
The landlord shall comply with all provisions of this section,
except as follows:
(a) The date provided in subsection (6) of this section by
which a tenant, lienholder, personal representative or designated
person must contact a landlord to arrange for the disposition of
the property must be not less than 15 days after personal
delivery or mailing of the notice required by subsection (3) of
this section.
(b) The date provided in subsections (8) and (9) of this
section by which a tenant, lienholder, personal representative or
designated person must remove the property must be not less than
seven days after the tenant, lienholder, personal representative
or designated person contacts the landlord.
(c) The notice required by subsection (3) of this section must
be as provided in subsection (5) of this section, except that:
Enrolled Senate Bill 91 (SB 91-A) Page 33
(A) The dates and deadlines in the notice for contacting the
landlord and removing the property must be consistent with this
subsection;
(B) The notice must state that a governmental agency has
determined that the property constitutes an extreme health or
safety hazard and must be removed quickly; and
(C) The landlord shall attach a copy of the agency's
determination to the notice.
(d) If the tenant, a lienholder or a personal representative or
designated person does not remove the property within the time
allowed, the landlord or a buyer at a sale by the landlord under
subsection (11) of this section shall promptly remove the
property from the facility.
(e) A landlord is not required to enter into a storage
agreement with a lienholder, personal representative or
designated person pursuant to subsection (19) of this section.
(22)(a) A landlord may sell or dispose of a tenant's abandoned
personal property without complying with the provisions of this
section if, after termination of the tenancy or no more than
seven days prior to the termination of the tenancy, the following
parties so agree in a writing entered into in good faith:
(A) The landlord;
(B) The tenant, or for an abandonment as the result of the
death of a tenant who was the only tenant, the personal
representative, designated person or other person entitled to
possession of the personal property, such as an heir or devisee,
as described in subsection (20) of this section; and
(C) Any lienholder.
(b) A landlord may not, as part of a rental agreement, as a
condition to approving a sale of property on rented space under
ORS 90.680 or in any other manner, require a tenant, a personal
representative, a designated person or any lienholder to waive
any right provided by this section.
(23) Until personal property is conclusively presumed to be
abandoned under subsection (9) of this section, a landlord does
not have a lien pursuant to ORS 87.152 for storing the personal
property.
SECTION 14. ORS 90.100 is amended to read:
90.100. As used in this chapter, unless the context otherwise
requires:
(1) 'Accessory building or structure' means any portable,
demountable or permanent structure, including but not limited to
cabanas, ramadas, storage sheds, garages, awnings, carports,
decks, steps, ramps, piers and pilings, that is:
(a) Owned and used solely by a tenant of a manufactured
dwelling or floating home; or
(b) Provided pursuant to a written rental agreement for the
sole use of and maintenance by a tenant of a manufactured
dwelling or floating home.
(2) 'Action' includes recoupment, counterclaim, setoff, suit in
equity and any other proceeding in which rights are determined,
including an action for possession.
(3) 'Applicant screening charge' means any payment of money
required by a landlord of an applicant prior to entering into a
rental agreement with that applicant for a residential dwelling
unit, the purpose of which is to pay the cost of processing an
application for a rental agreement for a residential dwelling
unit.
(4) 'Building and housing codes' includes any law, ordinance or
governmental regulation concerning fitness for habitation, or the
Enrolled Senate Bill 91 (SB 91-A) Page 34
construction, maintenance, operation, occupancy, use or
appearance of any premises or dwelling unit.
(5) 'Carbon monoxide alarm' has the meaning given that term in
ORS 105.836.
(6) 'Carbon monoxide source' has the meaning given that term in
ORS 105.836.
(7) 'Conduct' means the commission of an act or the failure to
act.
(8) 'Dealer' means any person in the business of selling,
leasing or distributing new or used manufactured dwellings or
floating homes to persons who purchase or lease a manufactured
dwelling or floating home for use as a residence.
(9) 'Domestic violence' means:
(a) Abuse between family or household members, as those terms
are defined in ORS 107.705; or
(b) Abuse, as defined in ORS 107.705, between partners in a
dating relationship.
(10) 'Drug and alcohol free housing' means a dwelling unit
described in ORS 90.243.
(11) 'Dwelling unit' means a structure or the part of a
structure that is used as a home, residence or sleeping place by
one person who maintains a household or by two or more persons
who maintain a common household. 'Dwelling unit' regarding a
person who rents a space for a manufactured dwelling or
recreational vehicle or regarding a person who rents moorage
space for a floating home as defined in ORS 830.700, but does not
rent the home, means the space rented and not the manufactured
dwelling, recreational vehicle or floating home itself.
(12) 'Essential service' means:
(a) For a tenancy not consisting of rental space for a
manufactured dwelling, floating home or recreational vehicle
owned by the tenant and not otherwise subject to ORS 90.505 to
90.840:
(A) Heat, plumbing, hot and cold running water, gas,
electricity, light fixtures, locks for exterior doors, latches
for windows and any cooking appliance or refrigerator supplied or
required to be supplied by the landlord; and
(B) Any other service or habitability obligation imposed by the
rental agreement or ORS 90.320, the lack or violation of which
creates a serious threat to the tenant's health, safety or
property or makes the dwelling unit unfit for occupancy.
(b) For a tenancy consisting of rental space for a manufactured
dwelling, floating home or recreational vehicle owned by the
tenant or that is otherwise subject to ORS 90.505 to 90.840:
(A) Sewage disposal, water supply, electrical supply and, if
required by applicable law, any drainage system; and
(B) Any other service or habitability obligation imposed by the
rental agreement or ORS 90.730, the lack or violation of which
creates a serious threat to the tenant's health, safety or
property or makes the rented space unfit for occupancy.
(13) 'Facility' means a manufactured dwelling park or a marina.
(14) 'Facility purchase association' means a group of three or
more tenants who reside in a facility and have organized for the
purpose of eventual purchase of the facility.
(15) 'Fee' means a nonrefundable payment of money.
(16) 'First class mail' does not include certified or
registered mail, or any other form of mail that may delay or
hinder actual delivery of mail to the recipient.
(17) 'Fixed term tenancy' means a tenancy that has a fixed term
of existence, continuing to a specific ending date and
Enrolled Senate Bill 91 (SB 91-A) Page 35
terminating on that date without requiring further notice to
effect the termination.
(18) 'Floating home' has the meaning given that term in ORS
830.700. 'Floating home' includes an accessory building or
structure.
(19) 'Good faith' means honesty in fact in the conduct of the
transaction concerned.
(20) 'Hotel or motel' means 'hotel' as that term is defined in
ORS 699.005.
(21) 'Informal dispute resolution' means, but is not limited
to, consultation between the landlord or landlord's agent and one
or more tenants, or mediation utilizing the services of a third
party.
(22) 'Landlord' means the owner, lessor or sublessor of the
dwelling unit or the building or premises of which it is a part.
' Landlord' includes a person who is authorized by the owner,
lessor or sublessor to manage the premises or to enter into a
rental agreement.
(23) 'Landlord's agent' means a person who has oral or written
authority, either express or implied, to act for or on behalf of
a landlord.
(24) 'Last month's rent deposit' means a type of security
deposit, however designated, the primary function of which is to
secure the payment of rent for the last month of the tenancy.
(25) 'Manufactured dwelling' means a residential trailer, a
mobile home or a manufactured home as those terms are defined in
ORS 446.003. 'Manufactured dwelling' includes an accessory
building or structure. 'Manufactured dwelling' does not include a
recreational vehicle.
(26) 'Manufactured dwelling park' means a place where four or
more manufactured dwellings are located, the primary purpose of
which is to rent space or keep space for rent to any person for a
charge or fee.
(27) 'Marina' means a moorage of contiguous dwelling units that
may be legally transferred as a single unit and are owned by one
person where four or more floating homes are secured, the primary
purpose of which is to rent space or keep space for rent to any
person for a charge or fee.
(28) 'Month-to-month tenancy' means a tenancy that
automatically renews and continues for successive monthly periods
on the same terms and conditions originally agreed to, or as
revised by the parties, until terminated by one or both of the
parties.
(29) 'Organization' includes a corporation, government,
governmental subdivision or agency, business trust, estate,
trust, partnership or association, two or more persons having a
joint or common interest, and any other legal or commercial
entity.
(30) 'Owner' includes a mortgagee in possession and means one
or more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to
present use and enjoyment of the premises.
(31) 'Person' includes an individual or organization.
(32) 'Premises' means:
(a) A dwelling unit and the structure of which it is a part and
facilities and appurtenances therein;
(b) Grounds, areas and facilities held out for the use of
tenants generally or the use of which is promised to the tenant;
and
Enrolled Senate Bill 91 (SB 91-A) Page 36
(c) A facility for manufactured dwellings or floating homes.
(33) 'Prepaid rent' means any payment of money to the landlord
for a rent obligation not yet due. In addition, 'prepaid rent'
means rent paid for a period extending beyond a termination date.
(34) 'Recreational vehicle' has the meaning given that term in
ORS 446.003.
(35) 'Rent' means any payment to be made to the landlord under
the rental agreement, periodic or otherwise, in exchange for the
right of a tenant and any permitted pet to occupy a dwelling unit
to the exclusion of others { + and to use the premises + }.
'Rent ' does not include security deposits, fees or utility or
service charges as described in ORS 90.315 (4) and 90.532.
(36) 'Rental agreement' means all agreements, written or oral,
and valid rules and regulations adopted under ORS 90.262 or
90.510 (6) embodying the terms and conditions concerning the use
and occupancy of a dwelling unit and premises. 'Rental agreement'
includes a lease. A rental agreement shall be either a
week-to-week tenancy, month-to-month tenancy or fixed term
tenancy.
(37) 'Roomer' means a person occupying a dwelling unit that
does not include a toilet and either a bathtub or a shower and a
refrigerator, stove and kitchen, all provided by the landlord,
and where one or more of these facilities are used in common by
occupants in the structure.
(38) 'Screening or admission criteria' means a written
statement of any factors a landlord considers in deciding whether
to accept or reject an applicant and any qualifications required
for acceptance. 'Screening or admission criteria' includes, but
is not limited to, the rental history, character references,
public records, criminal records, credit reports, credit
references and incomes or resources of the applicant.
(39) 'Security deposit' means a refundable payment or deposit
of money, however designated, the primary function of which is to
secure the performance of a rental agreement or any part of a
rental agreement. 'Security deposit' does not include a fee.
(40) 'Sexual assault' has the meaning given that term in ORS
147.450.
(41) 'Squatter' means a person occupying a dwelling unit who is
not so entitled under a rental agreement or who is not authorized
by the tenant to occupy that dwelling unit. ' Squatter' does not
include a tenant who holds over as described in ORS 90.427 (7).
(42) 'Stalking' means the behavior described in ORS 163.732.
(43) 'Statement of policy' means the summary explanation of
information and facility policies to be provided to prospective
and existing tenants under ORS 90.510.
(44) 'Surrender' means an agreement, express or implied, as
described in ORS 90.148 between a landlord and tenant to
terminate a rental agreement that gave the tenant the right to
occupy a dwelling unit.
(45) 'Tenant':
(a) Except as provided in paragraph (b) of this subsection:
(A) Means a person, including a roomer, entitled under a rental
agreement to occupy a dwelling unit to the exclusion of others,
including a dwelling unit owned, operated or controlled by a
public housing authority.
(B) Means a minor, as defined and provided for in ORS 109.697.
(b) For purposes of ORS 90.505 to 90.840, means only a person
who owns and occupies as a residence a manufactured dwelling or a
floating home in a facility and persons residing with that tenant
under the terms of the rental agreement.
Enrolled Senate Bill 91 (SB 91-A) Page 37
(c) Does not mean a guest or temporary occupant.
(46) 'Transient lodging' means a room or a suite of rooms.
(47) 'Transient occupancy' means occupancy in transient lodging
that has all of the following characteristics:
(a) Occupancy is charged on a daily basis and is not collected
more than six days in advance;
(b) The lodging operator provides maid and linen service daily
or every two days as part of the regularly charged cost of
occupancy; and
(c) The period of occupancy does not exceed 30 days.
(48) 'Vacation occupancy' means occupancy in a dwelling unit,
not including transient occupancy in a hotel or motel, that has
all of the following characteristics:
(a) The occupant rents the unit for vacation purposes only, not
as a principal residence;
(b) The occupant has a principal residence other than at the
unit; and
(c) The period of authorized occupancy does not exceed 45 days.
(49) 'Victim' means:
(a) The person against whom an incident related to domestic
violence, sexual assault or stalking is perpetrated; or
(b) The parent or guardian of a minor household member against
whom an incident related to domestic violence, sexual assault or
stalking is perpetrated, unless the parent or guardian is the
perpetrator.
(50) 'Week-to-week tenancy' means a tenancy that has all of the
following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no
less frequently than every seven days;
(b) There is a written rental agreement that defines the
landlord's and the tenant's rights and responsibilities under
this chapter; and
(c) There are no fees or security deposits, although the
landlord may require the payment of an applicant screening
charge, as provided in ORS 90.295.
SECTION 15. ORS 105.120 is amended to read:
105.120. (1) As used in this section, 'rent' does not include
funds paid under the United States Housing Act of 1937 (42 U.S.C.
1437f).
(2) Except as provided in subsection (3) of this section, an
action for the recovery of the possession of the premises may be
maintained in cases provided in ORS 105.115 (1)(b), when the
notice to terminate the tenancy or to quit has been served upon
the tenant or person in possession in the manner prescribed by
ORS 91.110 and for the period prescribed by ORS 91.060 to 91.080
before the commencement of the action, unless the leasing or
occupation is for the purpose of farming or agriculture, in which
case the notice must be served for a period of 90 days before the
commencement of the action. Any person entering into the
possession of real estate under written lease as the tenant of
another may, by the terms of the lease, waive the giving of any
notice required by this subsection.
(3) An action for the recovery of the possession of a dwelling
unit to which ORS chapter 90 applies may be maintained in
situations described in ORS 105.115 (2) when the notice to
terminate the tenancy or to quit has been served by the tenant
upon the landlord or by the landlord upon the tenant or person in
possession in the manner prescribed by ORS 90.155.
(4) Except when a tenancy involves a dwelling unit subject to
ORS chapter 90, the service of a notice to quit upon a tenant or
Enrolled Senate Bill 91 (SB 91-A) Page 38
person in possession does not authorize an action to be
maintained against the tenant or person in possession for the
possession of premises before the expiration of any period for
which the tenant or person has paid the rent of the premises in
advance.
(5) An action to recover possession of a dwelling unit subject
to ORS chapter 90 may not be brought or filed against a tenant or
person in possession based upon a notice under ORS 90.427 to
terminate the tenancy until after the expiration of any period
for which the tenant or person has paid the rent of the dwelling
unit in advance, unless:
(a) The only other money paid by the tenant was collected as a
last month's rent deposit as provided under ORS 90.300; or
(b) The only unused rent was paid by the tenant for a rental
period extending beyond the termination date specified in a valid
outstanding notice to terminate the tenancy and the landlord
refunded the unused rent within { - six - } { + 10 + } days
after receipt by delivering the unused rent to the tenant in
person or by first class mailing.
----------
Passed by Senate April 22, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 22, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 91 (SB 91-A) Page 39
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 91 (SB 91-A) Page 40
