Chapter 90 — Chapter 90
207 sections in this chapter.
ORS 90.472 Termination by tenant called into active state service by Governor. (1) As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 90 or more consecutive days
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(2) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is a state service member. (3) A termination of a rental agreement under this section is effective the earlier of: (a) Thirt…
ORS 90.475 Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration. (1) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is
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(a) Enlisting for active service in the Armed Forces of the United States; (b) Serving as a member of a National Guard or other reserve component or an active service component of the Armed Forces of the United States and ordered to active service outside the area for a period th…
ORS 90.485 Restrictions on landlord removal of vehicle; exceptions. (1) A landlord may have a motor vehicle removed from the premises only in compliance with this section and either ORS 98.810 to 98.818 or ORS 98.830 and 98.840
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(2) Except as provided in ORS 90.425 regarding abandoned vehicles, a landlord may have a motor vehicle removed from the premises without notice to the owner or operator of the vehicle only if the vehicle: (a) Blocks or prevents access by emergency vehicles; (b) Blocks or prevents…
ORS 90.490 Prohibited acts in anticipation of notice of conversion to condominium; damages. (1) A tenant may bring an action against a building landlord if for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS 100.301 to 100.320
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(a) Within one year before the declarant records the declaration under ORS 100.100, the landlord gives a tenant a 30-day notice without stated cause; or (b) Within one year before the declarant records the declaration under ORS 100.100, the landlord increases the rent in excess o…
ORS 90.493 Prohibited acts following notice of conversion to condominium; damages. (1) The landlord of a building for which a declarant of a conversion condominium has issued the tenant a notice of conversion under ORS 100.305 may not
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(a) Give the tenant a 30-day notice without stated cause that causes the tenancy to terminate on a date that is prior to the end of the 120-day period described in ORS 100.305 or the 60-day period described in ORS 100.310; or (b) Increase the rent for the dwelling unit in excess …
ORS 90.500 [Formerly 91.868; 1991 c.844 §4; 1993 c.580 §2; repealed by 1995 c.559 §58]
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MANUFACTURED DWELLING PARKS AND MARINAS (General Provisions)
ORS 90.505 Definitions for ORS 90.505 to 90.850; application of statutes. (1) As used in ORS 90.505 to 90.850
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(a) “Deterioration”: (A) Includes a collapsing or failing staircase or railing, one or more holes in a wall or roof, an inadequately supported window air conditioning unit, falling gutters, siding or skirting, or paint that is peeling or faded as to threaten the useful life or in…
ORS 90.510 Statement of policy; rental agreement; rules and regulations; remedies. (1) Every landlord who rents a space for a manufactured dwelling or floating home shall provide a written statement of policy to prospective and existing tenants. The purpose of the statement of policy is to provide disclosure of the landlord’s policies to prospective tenants and to existing tenants who have not previously received a statement of policy. The statement of policy is not a part of the rental agreement. The statement of policy shall provide all of the following information in summary form
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(a) The location and approximate size of the space to be rented. (b) The federal fair-housing age classification and present zoning that affect the use of the rented space. (c) The facility policy regarding rent adjustment and a rent history for the space to be rented. The rent h…
ORS 90.512 Definitions for ORS 90.514 and 90.518. As used in this section and ORS 90.514, 90.516 and 90.518
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(1) “Buyer” has the meaning given that term in ORS 72.1030. (2) “Converted rental space” means a rental lot that is located in a subdivision created as provided under ORS 92.010 to 92.192. (3) “Improvements” has the meaning given that term in ORS 646A.050. (4) “Manufactured dwell…
ORS 90.514 Disclosure to prospective tenant of improvements required under rental agreement; limitations on requirements. (1) Before a prospective tenant signs a rental agreement for space in a manufactured dwelling park or for a converted rental space, the landlord must provide the prospective tenant with a written statement that discloses the improvements that the landlord will require under the rental agreement. The written statement must be in the format developed by the Attorney General pursuant to ORS 90.516 and include at least the following
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(a) A notice that the tenant may select and contract directly with a contractor to be the provider of an improvement. (b) Separately stated and identifiable information for each required improvement that specifies: (A) The dimensions, materials and finish for improvements to be c…
ORS 90.515 [1991 c.844 §2; repealed by 1995 c.559 §58]
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[Repealed or reserved.]
ORS 90.516 Model statement for disclosure of improvements required under rental agreement; rules. The Attorney General, by rule, shall adopt a model written statement for use by manufactured dwelling park and converted rental space landlords pursuant to ORS 90.514. [2001 c.282 §5; 2005 c.41 §5]
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[Repealed or reserved.]
ORS 90.518 Provider statement of estimated cost of improvements. (1) A provider shall give the buyer a statement of estimated costs for all improvements to be made under a contract between the buyer and the provider. The provider shall deliver the statement of estimated costs to the buyer before work commences on any of the improvements covered by the contract
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(2) If a provider fails to give a statement of estimated costs or knowingly fails to give a complete statement of estimated costs, a buyer who does not have actual notice of the total cost for an improvement and suffers an ascertainable loss due to the failure by the provider may…
ORS 90.525 Unreasonable conditions of rental or occupancy prohibited; notice of rights. (1) A landlord may not impose conditions of rental or occupancy which unreasonably restrict the tenant or prospective tenant in choosing a fuel supplier, furnishings, goods, services or accessories
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(2) A landlord may not prohibit a tenant from engaging a real estate agent or a licensed manufactured structure dealer of the tenant’s choice to facilitate the sale or sublease allowed under ORS 90.555 of the tenant’s manufactured dwelling or floating home. (3) The landlord of a …
ORS 90.527 Renter’s liability insurance in park. (1) A landlord may require a tenant in a manufactured dwelling park to obtain and maintain renter’s liability insurance only if
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(a) The insurance requirement is in the park’s statement of policy and in the written rental agreement. (b) The landlord obtains and maintains comparable liability insurance. (c) Documentation, including a certificate of coverage, that shows the landlord’s insurance coverage is p…
ORS 90.528 Use of common areas or facilities. (1) A landlord who rents a space for a manufactured dwelling may require a deposit for the use of common areas or facilities by a tenant or tenants. The amount of any deposit charged for the use of common areas or facilities shall be reasonably based on the potential cleaning cost or other costs associated with the use of the area or facility. Conditions for return of a deposit shall be stated in writing and made available to the tenant or tenants placing the deposit
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(2) No tenant shall be required to acquire a bond or insurance policy as a precondition for the use of common areas or facilities. (3) A landlord who rents a space for a manufactured dwelling shall not prohibit use of a common area or facility if the purpose of the prohibition is…
ORS 90.530 Pets in facilities; rental agreements; violations. (1) Notwithstanding a change in the rules and regulations of a manufactured dwelling or floating home facility that would prohibit pets, a tenant may keep a pet that is otherwise legally living with the tenant at the time the landlord provides notice of the proposed change to the rules and regulations of the facility. The tenant may replace a pet with a pet similar to the one living with the tenant at the time the landlord provided notice of the proposed change. New rules and regulations that regulate the activities of pets shall apply to all pets in the facility, including those pets that were living in the facility prior to the adoption of the new rules or regulations
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(2) A rental agreement between a landlord renting a space for a manufactured dwelling or floating home and a tenant renting the space must comply with the following: (a) A landlord may not charge a one-time, monthly or other periodic amount based on the tenant’s possession of a p…
ORS 90.531 [2005 c.619 §5; 2019 c.625 §42; renumbered 90.560 in 2019]
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[Repealed or reserved.]
ORS 90.532 [2005 c.619 §6; 2007 c.71 §24; 2009 c.305 §1; 2009 c.816 §§6,6a; 2011 c.503 §§6,6a; 2013 c.443 §14; 2019 c.625 §43; renumbered 90.562 in 2019]
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[Repealed or reserved.]
ORS 90.533 [2009 c.816 §2; 2019 c.625 §54; renumbered 90.566 in 2019]
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[Repealed or reserved.]
ORS 90.534 [2005 c.619 §7; 2009 c.305 §2; 2009 c.816 §7; 2019 c.625 §44; renumbered 90.568 in 2019]
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[Repealed or reserved.]
ORS 90.535 [2009 c.816 §3; renumbered 90.564 in 2019]
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[Repealed or reserved.]
ORS 90.536 [2005 c.619 §8; 2009 c.305 §3; 2011 c.503 §8; 2019 c.625 §45; renumbered 90.572 in 2019]
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[Repealed or reserved.]
ORS 90.537 [2005 c.619 §9; 2009 c.816 §8; 2011 c.503 §9; 2019 c.625 §46; renumbered 90.574 in 2019]
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[Repealed or reserved.]
ORS 90.538 [2009 c.816 §4; 2019 c.625 §47; renumbered 90.582 in 2019]
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[Repealed or reserved.]
ORS 90.539 [2005 c.619 §10; 2019 c.625 §47a; renumbered 90.580 in 2019]
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[Repealed or reserved.]
ORS 90.540 [2001 c.596 §23; renumbered 90.550 in 2011]
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[Repealed or reserved.]
ORS 90.541 [2011 c.503 §2; renumbered 90.576 in 2019]
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[Repealed or reserved.]
ORS 90.543 [2009 c.479 §1; 2011 c.503 §4; 2013 c.443 §9; 2019 c.625 §48; renumbered 90.578 in 2019]
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[Repealed or reserved.]
ORS 90.545 Fixed term tenancy expiration; renewal or extension; new rental agreements; tenant refusal of new rental agreement; written storage agreement upon termination of tenancy. (1) Except as provided under subsections (2) to (6) of this section, a fixed term tenancy for space for a manufactured dwelling or floating home, upon reaching its ending date, automatically renews as a month-to-month tenancy having the same terms and conditions, other than duration and rent increases under ORS 90.600, unless the tenancy is terminated under ORS 90.380 (5)(b), 90.394, 90.396, 90.398, 90.630 or 90.632
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(2) To renew or extend a fixed term tenancy for another term, of any duration that is consistent with ORS 90.550, the landlord shall submit the proposed new rental agreement to the tenant at least 60 days prior to the ending date of the term. The landlord shall include with the p…
ORS 90.550 Permissible forms of tenancy; minimum fixed term. A rental agreement for a space for a manufactured dwelling or floating home must be a month-to-month or fixed term tenancy. A rental agreement for a fixed term tenancy must have a duration or term of at least two years. [Formerly 90.540]
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[Repealed or reserved.]
ORS 90.555 Subleasing agreements. (1) As used in this section
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(a) “Actively markets for sale” means that the facility tenant: (A) Places a for-sale sign on the dwelling or home; (B) Retains a broker, real estate agent, or manufactured structure dealer to assist in the sale; and (C) Advertises the dwelling or home for sale in a newspaper or …
ORS 90.560 Definitions for ORS 90.560 to 90.584. As used in ORS 90.560 to 90.584
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(1) “Direct billing” means a relationship between the tenant and the utility or service provider in which: (a) The provider provides the utility or service directly to the tenant’s space, including any utility or service line, and bills the tenant directly; and (b) The landlord d…
ORS 90.562 Utility and service charges; limits. (1) Subject to the policies of the utility or service provider and ORS 90.560 to 90.584, a landlord may provide for utilities or services to tenants by one or more of the following billing methods
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(a) Direct billing; (b) Rent-included billing; (c) Pro rata billing; (d) Submeter billing; and (e) Park specific billing. (2) A landlord may not use pro rata billing for garbage collection and disposal, unless the pro rata apportionment is based upon the number and size of the ga…
ORS 90.564 Charge for cable, satellite or Internet. (1) Notwithstanding ORS 90.568 (4) or 90.572 (3), a landlord may add an additional amount to a utility or service charge billed to the tenant if
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(a) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage; (b) The additional amount is not more than 10 percent of the utility or service charge billed …
ORS 90.566 Conversion to direct billing for garbage service. (1) A landlord may unilaterally amend a rental agreement to convert the method of billing a tenant for garbage collection and disposal from rent-included billing or pro rata billing to a billing method in which the service provider
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(a) Supplies garbage receptacles; (b) Collects and disposes of garbage; and (c)(A) Bills the tenant directly; or (B) Bills the landlord, who then bills the tenant based upon the number and size of the receptacles used by the tenant. (2) A landlord shall give a tenant not less tha…
ORS 90.568 Pro rata billing; apportionment methods. (1) If allowed by a written rental agreement, a landlord using pro rata billing may require a tenant to pay to the landlord a utility or service charge that was billed by a utility or service provider to the landlord for a utility or service provided directly to the tenant’s space or to a common area available to the tenant as part of the tenancy. A landlord may include in pro rata billing a public service charge under ORS 90.570
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(2)(a) As used in this subsection, “occupied” means that a tenant resides in the dwelling or home during each month for which the utility or service is billed. (b) A pro rata billing charge to tenants for the tenants’ spaces under this section must be allocated among the tenants …
ORS 90.570 Public service charge pro rata apportionment. A landlord, upon 60 days’ written notice to a tenant, may unilaterally amend a rental agreement to require a tenant to pay to the landlord, as part of the utility or service charge, a pro rata proportion of any new or increased public service charge billed to the landlord by a utility or service provider or a local government for a public service provided directly or indirectly to the tenant’s dwelling unit or to the facility common areas. [2019 c.625 §41]
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[Repealed or reserved.]
ORS 90.572 Submeter billing. (1) If allowed by a written rental agreement, a landlord using submeter billing may require a tenant to pay to the landlord a utility or service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly to the tenant’s space as measured by a submeter
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(2) A utility or service charge to be assessed to a tenant under this section may consist of only: (a) The cost of the utility or service provided to the tenant’s space and under the tenant’s control, as measured by the submeter, at a rate no greater than the average rate billed …
ORS 90.574 Conversion to submeter or pro rata billing for water. (1) A landlord may unilaterally amend a rental agreement as provided in this section to convert a tenant’s existing utility or service billing method for water or wastewater
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(a) From rent-included billing or pro rata billing to submeter billing; or (b) From rent-included billing to pro rata billing. (2) At least one month prior to installing submeters for a billing conversion under subsection (1)(a) of this section or prior to conversion to pro rata …
ORS 90.576 Legislative findings. The Legislative Assembly finds and declares that
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(1) Water is an essential and scarce resource; (2) Conservation of water is critical for the future of this state; and (3) Billing for water according to usage encourages users to conserve water and allows users to exercise better control over their costs. [Formerly 90.541]
ORS 90.578 Conversion to submeter or direct billing for large parks. (1) Except as provided in subsections (2) and (3) of this section, a landlord that assesses the tenants of a manufactured dwelling park containing 200 or more spaces in the facility a utility or service charge for water by pro rata billing shall convert the method of assessing the utility or service charge to direct billing or submeter billing. The landlord shall complete the conversion no later than December 31, 2012. A conversion under this section to submeter billing is subject to ORS 90.574
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(2) A landlord that provides water to a manufactured dwelling park solely from a well or from a source other than those listed in ORS 90.562 (6) is not required to comply with subsection (1) of this section. (3) A landlord is not required to comply with subsection (1) of this sec…
ORS 90.580 Entry to read submeter; requirement for water submeter. (1) A landlord using submeter billing may install submeters to measure consumption of a utility or service
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(2) After giving notice under ORS 90.725, a landlord may enter a tenant’s space to install or maintain a utility or service line or a submeter that measures the amount of a provided utility or service. The installation of a submeter may be at the connection to the space or anywhe…
ORS 90.582 Publication of submeter or pro rata bills; tenant inspection. (1) If a landlord bills tenants for water using pro rata billing or submeter billing, the landlord shall post the facility water bills in an area accessible to tenants, including on an Internet location
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(2) A landlord shall, upon written request by the tenant, make available for inspection by the tenant all utility billing records relating to a utility or service charge billed to the tenant by the landlord during the preceding year. The landlord shall make the records available …
ORS 90.584 Park specific billing for water; voting. (1) With the approval of the tenants, a landlord of a manufactured dwelling park may amend the rental agreement to convert a tenant’s billing for water and wastewater from pro rata billing or rent-included billing to park specific billing only as provided under this section
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(2) Park specific billing must allocate the cost for water and wastewater service fairly among the tenants and may not allow the landlord to collect cumulatively from all tenants more than the provider bills to the landlord, not including any installation or repair costs to the u…
ORS 90.600 Increases in rent; limitations; notice; meeting with tenants; effect of failure to meet. (1) If a rental agreement is a month-to-month tenancy to which ORS 90.505 to 90.850 apply, the landlord may not increase the rent
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(a) Without giving each affected tenant notice in writing at least 90 days prior to the effective date of the rent increase; (b) More than once in any 12-month period; or (c) By a percentage greater than the maximum calculated under ORS 90.324 (1). (2) The written notice required…
ORS 90.605 Persons authorized to receive notice and demands on landlord’s behalf; written notice to change designated person. Any person authorized by the landlord of a facility to receive notices and demands on the landlord’s behalf retains this authority until the authorized person is notified otherwise. Written notice of any change in the name or address of the person authorized to receive notices and demands shall be delivered to the residence of each person who rents a space for a manufactured dwelling or floating home or, if specified in writing by the tenant, to another specified address. [Formerly 91.935; 1991 c.844 §11]
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[Repealed or reserved.]
ORS 90.610 Notice of proposed change in rule or regulation; tenant objection to change. (1) As used in this section, “eligible space” means each space in the facility as long as
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(a) The space is rented to a tenant and the tenancy is subject to ORS 90.505 to 90.850; and (b) The tenant who occupies the space has not: (A) Previously agreed to a rental agreement that includes the proposed rule or regulation change; or (B) Become subject to the proposed rule …
ORS 90.620 Termination by tenant; notice to landlord. (1) The tenant who rents a space for a manufactured dwelling or floating home may terminate a rental agreement that is a month-to-month or fixed term tenancy without cause by giving to the landlord, at any time during the tenancy, not less than 30 days’ notice in writing prior to the date designated in the notice for the termination of the tenancy
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(2) The tenant may terminate a rental agreement that is a month-to-month or fixed term tenancy for cause pursuant to ORS 90.315, 90.360 (1), 90.365 (2), 90.375 or 90.380. (3) A tenant may not be required to give the landlord more than 30 days’ written notice to terminate. [Former…
ORS 90.630 Termination by landlord; causes; notice; cure; repeated nonpayment of rent. (1) Except as provided in subsection (5) of this section, the landlord may terminate a rental agreement for space for a manufactured dwelling or floating home by giving to the tenant not less than 30 days’ notice in writing before the termination date designated in the notice, if the tenant
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(a) Materially violates a law related to the tenant’s conduct as a tenant; (b) Materially violates a rental agreement provision related to the tenant’s conduct as a tenant and imposed as a condition of occupancy; (c) Is classified as a level three sex offender under ORS 163A.100 …