Title 10, Property Rights and Transactions

(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 r…

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]

(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 covere…

(1) A landlord may not impose conditions of rental or occupancy which unreasonably restrict the tenant or prospective tenant in choosing a fuel supplier, furnishings, goods, services or accessories. (2) A landlord may not prohibit a tenant from engaging a real estate agent or a l…

(1) A landlord may require a tenant in a manufactured dwelling park to obtain and maintain renter’s liability insurance only if: (a) The insurance requirement is in the park’s statement of policy and in the written rental agreement. (b) The landlord obtains and maintains comparab…

(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 cos…

(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…

(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 durat…

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]

(1) As used in this section: (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 hom…

As used in ORS 90.560 to 90.584: (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…

(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: (a) Direct billing; (b) Rent-included billing; (c) Pro rata billing; (d) Submeter …

(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: (a) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video sub…

(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: (a) Supplies garbage receptacles; (b) Collects …

(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 spac…

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 ut…

(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 s…

(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: (a) From rent-included billing or pro rata billing to submeter billing; or (b) From rent-included billing…

The Legislative Assembly finds and declares that: (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…

(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 th…

(1) A landlord using submeter billing may install submeters to measure consumption of a utility or service. (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…

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. (2) A landlord shall, upon written request by the tenant, make a…

(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. (2) …

(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: (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 an…

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 an…

(1) As used in this section, “eligible space” means each space in the facility as long as: (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 i…

(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…

(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…

(1) A landlord may terminate a month-to-month or fixed term rental agreement and require the tenant to remove a manufactured dwelling or floating home from a facility, due to the physical condition of the exterior of the manufactured dwelling or floating home, only by complying w…

(1) A landlord may not assert a lien under ORS 87.162 for dwelling unit rent against a manufactured dwelling or floating home located in a facility. Notwithstanding ORS 90.100 (51) and 90.675 and regardless of whether the owner of a manufactured dwelling or floating home occupies…

If a manufactured dwelling park is affected by a natural disaster, as defined in ORS 197A.440, unless the parties agree otherwise following the natural disaster: (1) For a manufactured dwelling that is destroyed, the tenancy is immediately terminated and the parties are not furth…

(1) A manufactured dwelling park may be converted to a planned community subdivision of manufactured dwellings pursuant to ORS 92.830 to 92.845. When a manufactured dwelling park is converted pursuant to ORS 92.830 to 92.845: (a) Conversion does not require closure of the park pu…

(1)(a) If a manufactured dwelling park, or a portion of the park that includes the space for a manufactured dwelling, is to be closed and the land or leasehold converted to a use other than as a manufactured dwelling park, and the closure is not required by the exercise of eminen…

(1) If a manufactured dwelling park or a portion of a manufactured dwelling park is closed, resulting in the termination of the rental agreement between the landlord of the park and a tenant renting space for a manufactured dwelling, whether because of the exercise of eminent dom…

(1) A landlord that gives a notice of termination under ORS 90.645 shall, at the same time, send one copy of the notice to the Housing and Community Services Department by first class mail. The landlord shall, at the same time, send a copy of the notice, both by first class mail …

A local government may not enforce an ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures adopted by the local government on or after July 1, 2007, or amended on or after January 1, 2010. An ordinance, rule or other local law regu…

(1) If a marina or a portion of the marina that includes a marina space is to be closed and the land or leasehold converted to a different use, and the closure is not required by the exercise of eminent domain or by order of a federal, state or local agency, the landlord of the m…

(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…

(1) As used in this section, “consignment” means an agreement in which a tenant authorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord rece…

(1)(a) Except as provided in paragraph (b) of this subsection, any person aggrieved by a violation of ORS 90.525, 90.630, 90.680 or 90.765 has a cause of action against the violator for any damages sustained as a result of the violation or $500, whichever is greater. (b) If a per…

In addition to the tenant’s cause of action under ORS 90.710, any tenant prevented from exercising the rights in ORS 90.750 or 90.755 may bring an action in the appropriate court having jurisdiction in the county in which the alleged infringement occurred, and upon favorable adju…

(1) As used in this section: (a) “Emergency” includes but is not limited to: (A) A repair problem that, unless remedied immediately, is likely to cause serious physical harm or damage to individuals or property. (B) The presence of a hazard tree on a rented space in a manufacture…

(1) As used in this section: (a) “Maintaining a tree” means removing or trimming a tree for the purpose of eliminating features of the tree that cause the tree to be hazardous, or that may cause the tree to become hazardous in the near future. (b) “Removing a tree” includes: (A) …

(1) A landlord may require a tenant in a marina to move the tenant’s floating home under this section for reasons allowing for the safety and convenience of the marina and other tenants, including: (a) Moving another floating home within the marina; (b) Repairing an adjacent floa…

(1) As used in this section, “facility common areas” means all areas under control of the landlord and held out for the general use of tenants. (2) A landlord who rents a space for a manufactured dwelling or floating home shall at all times during the tenancy maintain the rented …

(1) Every landlord of a facility shall register annually in writing with the Housing and Community Services Department. The department shall charge the landlord a registration fee of $100 for facilities with more than 20 spaces and $50 for facilities with 20 or fewer spaces. The …

(1) At least one person for each facility who has authority to manage the premises of the facility shall, every two years, complete four hours of continuing education relating to the management of facilities. The following apply for a person whose continuing education is required…

(1) The Housing and Community Services Department may assess a civil penalty against a landlord or owner if the department finds that the landlord or owner has not complied with ORS 90.732 or 90.734. The civil penalty may not exceed $1,000. The department shall assess the civil p…

(1) The Housing and Community Services Department shall adopt rules for the administration and enforcement of ORS 90.732 and 90.734. The rules shall include, but need not be limited to, a rule that establishes a schedule of civil penalties for noncompliance that is consistent wit…

A tenant shall: (1) Install the tenant’s manufactured dwelling or floating home and any accessory building or structure on a rented space in compliance with applicable laws and the rental agreement. (2) Except as provided by the rental agreement, dispose from the dwelling or home…