Title 10, Property Rights and Transactions

Unless otherwise agreed, the tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant give actual notice to the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first da…

(1) As used in this section: (a) “Extreme heat event” means a day on which the Housing and Community Services Department determines that a heat event has occurred based on a predicted or indicated excessive heat warning or heat advisory by the National Weather Service of the Nati…

(1) Except as provided in subsection (4) of this section, a landlord may not prohibit the tenant’s use of a dwelling as a family child care home if: (a) The family child care home is certified under ORS 329A.280 or registered under ORS 329A.330; and (b) The tenant has notified th…

(1)(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with ORS 90.320 or 90.730, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breac…

(1) If contrary to the rental agreement or ORS 90.320 or 90.730 the landlord intentionally or negligently fails to supply any essential service, the tenant may give written notice to the landlord specifying the breach and that the tenant may seek substitute services, diminution i…

(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…

(1) As used in this section, “minor habitability defect”: (a) Means a defect that may reasonably be repaired for not more than $300, such as the repair of leaky plumbing, stopped up toilets or faulty light switches. (b) Does not mean the presence of mold, radon, asbestos or lead-…

(1)(a) In an action for possession based upon nonpayment of the rent or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount, not in excess of the jurisdictional limits of the court in which the action is brought, that the tenant may …

(1) If, during a fixed term tenancy, a landlord gives a notice under ORS 90.427 (5) terminating the rental agreement on or after the expiration of the fixed term, the tenant may give the tenant’s own notice in writing terminating the rental agreement on a date designated on the n…

If a landlord unlawfully removes or excludes the tenant from the premises, seriously attempts or seriously threatens unlawfully to remove or exclude the tenant from the premises or willfully diminishes or seriously attempts or seriously threatens unlawfully to diminish services t…

(1) As used in this section, “posted” means that a governmental agency has attached a copy of the agency’s written determination in a secure manner to the main entrance of the dwelling unit or to the premises or building of which the dwelling unit is a part. (2)(a) If a governmen…

(1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after: (a) The tenant has complained to, or expressed to th…

(1) A landlord may not, with the intent or purpose of harassing, retaliating against or intimidating, disclose or threaten to disclose the immigration or citizenship status of an applicant, a tenant or a member of an applicant’s or a tenant’s household. (2) A violation of this se…

(1) A landlord may not discriminate against a tenant in violation of local, state or federal law, including ORS 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 brou…

Except as provided in ORS 408.515 (3), a notice of termination of tenancy under any provision of this chapter must include the information required by ORS 408.515. [2019 c.405 §3] Note: 90.391 was added to and made a part of ORS chapter 90 by legislative action but was not added …

(1) Except as provided in this chapter, after delivery of written notice a landlord may terminate the rental agreement for cause and take possession as provided in ORS 105.100 to 105.168, unless the tenant cures the violation as provided in this section. (2) Causes for terminatio…

The landlord may terminate the rental agreement for nonpayment of rent and take possession as provided in ORS 105.100 to 105.168, as follows: (1) When the tenancy is a week-to-week tenancy, by delivering to the tenant at least 72 hours’ written notice of nonpayment and the landlo…

(1) As used in this section: (a) “Nonpayment” means the nonpayment of a payment that is due to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140, 90.302, 90.315, 90.392, …

(1) Except as provided in subsection (2) of this section, after at least 24 hours’ written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination, the landlord may terminate the rental agreement and take possession as p…

(1) If a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, marijuana items as defined in ORS 475C.009, illegal drugs, controlled substances or prescription drugs without a medical prescription, the landlord may deliver a wri…

Except as provided in this chapter: (1) A landlord may pursue any one or more of the remedies set forth in ORS 90.392, 90.394, 90.396, 90.398, 90.403 and 90.405, simultaneously or sequentially. (2) In addition to the remedies provided in ORS 90.392, 90.394, 90.396 and 90.398, a l…

(1) If an unauthorized person is in possession of the premises, after at least 24 hours’ written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS 105.100 to 105.168 if: (a) The tenant has vacated …

(1) If the tenant, in violation of the rental agreement, keeps on the premises a pet capable of causing damage to persons or property, the landlord may deliver a written notice specifying the violation and stating that the tenancy will terminate upon a date not less than 10 days …

(1) If the rental agreement requires the tenant to give actual notice to the landlord of an anticipated extended absence in excess of seven days as permitted by ORS 90.340 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. (2) During…

(1) As used in this section and ORS 90.414 and 90.417, “rent” does not include funds paid to a landlord: (a) Under the United States Housing Act of 1937 (42 U.S.C. 1437f). (b) By any other local, state or federal housing assistance program. (2) Except as otherwise provided in thi…

(1) If a notice of termination has been given by the landlord or the tenant, the following do not waive the right of the landlord to terminate on the notice and do not reinstate the tenancy: (a) Except when the notice is a nonpayment of rent termination notice under ORS 90.394, t…

(1) A tenant’s duty regarding rent payments is to tender to the landlord an offer of the full amount of rent owed within the time allowed by law and by the rental agreement provisions regarding payment. A landlord may refuse to accept a rent tender that is for less than the full …

(1) A lien or security interest on behalf of the landlord in the tenant’s household goods is not enforceable unless perfected before October 5, 1973. (2) Distraint for rent is abolished. [Formerly 91.835]

(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 compul…

(1) As used in this section: (a) “First year of occupancy” includes all periods in which any of the tenants has resided in the dwelling unit for one year or less. (b) “Immediate family” means: (A) An adult person related by blood, adoption, marriage or domestic partnership, as de…

(1) If a tenancy consists of rented space for a manufactured dwelling or floating home that is owned by the tenant, but the tenancy is not subject to ORS 90.505 to 90.850 because the space is not in a facility, the landlord may terminate a month-to-month tenancy without a cause s…

If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement. [Formerly 91.845]

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity or other essential service to the tenant, e…

(1) As used in this section: (a) “Group recovery home” means a place that provides occupants with shared living facilities and that meets the description of a group home under 42 U.S.C. 300x-25. (b) “Illegal drugs” includes controlled substances or prescription drugs: (A) For whi…

(1) If a tenant perpetrates a criminal act of physical violence related to domestic violence, sexual assault, bias crime or stalking against a household member who is a tenant, after delivery of at least 24 hours’ written notice specifying the act or omission constituting the cau…

(1) A landlord may not terminate or fail to renew a tenancy, serve a notice to terminate a tenancy, bring or threaten to bring an action for possession, increase rent, decrease services or refuse to enter into a rental agreement: (a) Because a tenant or applicant is, or has been,…

(1) As used in this section: (a) “Immediate family member” means, with regard to a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking, any of the following who is not a perpetrator of the domestic violence, sexual assault, bias crime or stalking a…

Notwithstanding the release of a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking, and any immediate family members of that tenant, from a rental agreement under ORS 90.453 or the exclusion of a perpetrator of domestic violence, sexual assault, …

(1) A tenant may give actual notice to the landlord that the tenant is a victim of domestic violence, sexual assault, bias crime or stalking and may request that the locks to the dwelling unit be changed. A tenant is not required to provide verification of the domestic violence, …

(1) As used in this section: (a) “Bedroom” has the meaning given that term in ORS 90.262. (b) “Building” means a dwelling unit or a structure containing a dwelling unit. (2) A landlord shall provide at all times during the tenancy a route or routes of exit from each bedroom and, …

(1) A tenant may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the tenant, in compliance with the requirements of this section, in, or near, a parking space assigned to the tenant or the dwelling unit of the tenant. (…

(1) A city with a population that exceeds 300,000 shall have a right of action against the owner of any premises to recover the reasonable costs of relocation incurred by the city because the condition of the premises causes condemnation and relocation of the tenants at public ex…

(1) As used in this section, “state service member” means a member of the organized militia who is called into active service of the state by the Governor under ORS 399.065 (1) for 90 or more consecutive days. (2) A tenant may terminate a rental agreement upon written notice if t…

(1) A tenant may terminate a rental agreement upon written notice if the tenant provides the landlord with proof of official orders showing that the tenant is: (a) Enlisting for active service in the Armed Forces of the United States; (b) Serving as a member of a National Guard o…

(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. (2) Except as provided in ORS 90.425 regarding abandoned vehicles, a landlord may have a motor vehicle removed from the…

(1) A tenant may bring an action against a building landlord if for the purpose of avoiding, or assisting a declarant of a conversion condominium in avoiding, the requirements under ORS 100.301 to 100.320: (a) Within one year before the declarant records the declaration under ORS…

(1) The landlord of a building for which a declarant of a conversion condominium has issued the tenant a notice of conversion under ORS 100.305 may not: (a) Give the tenant a 30-day notice without stated cause that causes the tenancy to terminate on a date that is prior to the en…

(1) As used in ORS 90.505 to 90.850: (a) “Deterioration”: (A) Includes a collapsing or failing staircase or railing, one or more holes in a wall or roof, an inadequately supported window air conditioning unit, falling gutters, siding or skirting, or paint that is peeling or faded…

(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…

As used in this section and ORS 90.514, 90.516 and 90.518: (1) “Buyer” has the meaning given that term in ORS 72.1030. (2) “Converted rental space” means a rental lot that is located in a subdivision created as provided under ORS 92.010 to 92.192. (3) “Improvements” has the meani…