OREGON LAWS 2013 Chap. 294 AN ACT Relating to landlord ...

OREGON LAWS 2013 Chap. 294

CHAPTER 294

AN ACT SB 91

Relating to landlord-tenant law; creating new pro-visions; 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 Or-egon:

SECTION 1. ORS 90.367 and sections 2 and 3of this 2013 Act are added to and made a partof ORS 90.100 to 90.465.

SECTION 2. (1) A landlord may require atenant to obtain and maintain renter’s liabilityinsurance in a written rental agreement. Theamount of coverage may not exceed $100,000 peroccurrence or the customary amount requiredby landlords for similar properties with similarrents in the same rental market, whichever isgreater.

(2) Before entering a new tenancy, a land-lord:

(a) Shall advise an applicant in writing of arequirement to obtain and maintain renter’s li-ability insurance and the amount of insurancerequired.

(b) May require an applicant to provide doc-umentation of renter’s liability insurance cover-age before the tenancy begins.

(3) For an existing month-to-month tenancy,the landlord may amend a written rental agree-ment to require renter’s liability insurance aftergiving the tenant at least 30 days’ written noticeof the requirement. If the tenant does not ob-tain renter’s liability insurance within the30-day period:

(a) The landlord may terminate the tenancypursuant to ORS 90.392; and

(b) The tenant may cure the cause of thetermination as provided by ORS 90.392 by ob-taining insurance.

(4) A landlord may require documentationthat the tenant maintains the renter’s liabilityinsurance on a periodic basis related to thecoverage period of the renter’s liability insur-ance policy or more frequently if the landlordreasonably believes that the insurance policy isno longer in effect.

(5) A landlord may require that a tenant ob-tain or maintain renter’s liability insurance onlyif the landlord obtains and maintains compara-ble liability insurance and provides documenta-tion to any tenant who requests thedocumentation, orally or in writing. The land-lord may provide documentation to a tenant inperson, by mail or by posting in a common areaor office. The documentation may consist of acurrent certificate of coverage. A written rentalagreement that requires a tenant to obtain andmaintain renter’s liability insurance must in-

clude a description of the requirements of thissubsection.

(6) Neither a landlord nor a tenant shallmake unreasonable demands that have the ef-fect of harassing the other with regard to pro-viding documentation of insurance coverage.

(7) A landlord may not:(a) Require that a tenant obtain renter’s li-

ability insurance from a particular insurer;(b) Require that a tenant name the landlord

as an additional insured or as having any otherspecial status on the tenant’s renter’s liabilityinsurance policy;

(c) Require that a tenant waive the insurer’ssubrogation rights; or

(d) Make a claim against the tenant’srenter’s liability insurance unless:

(A) The claim is for damages or costs forwhich the tenant is legally liable and not fordamages or costs that result from ordinarywear and tear, acts of God or the conduct of thelandlord;

(B) The claim is greater than the securitydeposit of the tenant, if any; and

(C) The landlord provides a copy of the claimto the tenant contemporaneous with filing theclaim with the insurer.

(8) A landlord may not require a tenant toobtain or maintain renter’s liability insurance ifthe household income of the tenant is equal toor less than 50 percent of the area median in-come, adjusted for family size as measured upto a five-person family, as determined by theState Housing Council based on informationfrom the United States Department of Housingand Urban Development.

(9) A landlord may not require a tenant toobtain or maintain renter’s liability insurance ifthe dwelling unit of the tenant has been subsi-dized with public funds:

(a) Including federal or state tax credits,federal block grants authorized in the HOMEInvestment Partnerships Act under Title II ofthe Cranston-Gonzalez National AffordableHousing Act, as amended, or the CommunityDevelopment Block Grant program authorizedin the Housing and Community DevelopmentAct of 1974, as amended, and tax-exempt bonds.

(b) Not including federal rent subsidy pay-ments under 42 U.S.C. 1437f.

(10) Subsection (9) of this section does notapply to a dwelling unit that is not subsidizedeven if the unit is on premises in which somedwelling units are subsidized.

(11) If a landlord files a frivolous claimagainst the renter’s liability insurance of a ten-ant, the tenant may recover from the landlordthe 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 agree-ment.

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Chap. 294 OREGON LAWS 2013

(b) Apply to tenancies governed by ORS90.505 to 90.840.

SECTION 3. (1) When evaluating an appli-cant, a landlord may not consider an action torecover possession pursuant to ORS 105.105 to105.168 if the action:

(a) Was dismissed or resulted in a generaljudgment for the applicant before the applicantsubmits the application. This paragraph doesnot apply if the action has not resulted in adismissal or general judgment at the time theapplicant submits the application.

(b) Resulted in a general judgment againstthe applicant that was entered five or moreyears before the applicant submits the applica-tion.

(2) When evaluating the applicant, a landlordmay not consider a previous arrest of the appli-cant if the arrest did not result in a conviction.This subsection does not apply if the arrest hasresulted in charges for criminal behavior as de-scribed in subsection (3) of this section thathave not been dismissed at the time the appli-cant submits the application.

(3) When evaluating the applicant, the land-lord may consider criminal conviction andcharging history if the conviction or pendingcharge is for conduct that is:

(a) A drug-related crime;(b) A person crime;(c) A sex offense;(d) A crime involving financial fraud, includ-

ing identity theft and forgery; or(e) Any other crime if the conduct for which

the applicant was convicted or charged is of anature 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, thelandlord or the landlord’s agent.

SECTION 4. ORS 90.160 is amended to read:90.160. (1) Notwithstanding ORCP 10 and not in-

cluding the seven-day and four-day waiting periodsprovided in ORS 90.394, where there are referencesin this chapter to periods and notices based on anumber of days, those days shall be calculated byconsecutive calendar days, not including the initialday of service, but including the last day until [mid-night] the end of that last day at 12 midnight.Where there are references in this chapter to peri-ods or notices based on a number of hours, thosehours shall be calculated in consecutive clock hours,beginning immediately upon service.

(2) Notwithstanding subsection (1) of this sec-tion, for 72-hour or 144-hour nonpayment noticesunder ORS 90.394 that are served pursuant to ORS90.155 (1)(c), the time period described in subsection(1) of this section begins at 11:59 p.m. the day thenotice 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 at11:59 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 tem-porary occupant of the tenant’s dwelling unit [as aguest of the tenant]. To create a temporary occu-pancy, the landlord, tenant and proposed temporaryoccupant must enter into a written temporary occu-pancy agreement that describes the temporary occu-pancy relationship.

(2) The temporary occupant:(a) Is not a tenant entitled to occupy the dwell-

ing 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 toterminate the temporary occupancy agreement.

(5) Before entering into a temporary occupancyagreement, a landlord may screen the proposed tem-porary occupant for issues regarding conduct or fora criminal record. The landlord may not screen theproposed temporary occupant for credit history orincome 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 thepremises; and

(c) May have a specific ending date.(7) The landlord, tenant and temporary occupant

may extend or renew a temporary occupancy agree-ment or may enter into a new temporary occupancyagreement.

(8) A landlord or tenant is not required to givethe temporary occupant written notice of the termi-nation of a temporary occupancy agreement.

(9) The temporary occupant shall promptly va-cate the dwelling unit if a landlord terminates atemporary occupancy agreement for material vio-lation of the temporary occupancy agreement or ifthe temporary occupancy agreement ends by itsterms. Except as provided in ORS 90.449, the land-lord may terminate the tenancy of the tenant asprovided under ORS 90.392 or 90.630 if the tempo-rary occupant fails to promptly vacate the dwellingunit or if the tenant materially violates the tempo-rary occupancy agreement.

(10) A temporary occupant shall be treated as asquatter if the temporary occupant continues to oc-cupy the dwelling unit after a tenancy has ended orafter the tenant revokes permission for the occu-pancy by terminating the temporary occupancyagreement.

(11)(a) A landlord may not enter into a tempo-rary occupancy agreement for the purpose of evading

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landlord responsibilities under this chapter or to di-minish the rights of an applicant or tenant underthis chapter.

(b) A tenant may not become a temporary occu-pant in the tenant’s own dwelling unit.

(c) A tenancy may not consist solely of a tempo-rary occupancy. Each tenancy must have at leastone 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 costsof obtaining information about an applicant as thelandlord processes the application for a rentalagreement. This activity is known as screening, andincludes but is not limited to checking referencesand obtaining a consumer credit report or tenantscreening report. The landlord must provide theapplicant with a receipt for any applicant screeningcharge.

(2) The amount of any applicant screeningcharge shall not be greater than the landlord’s av-erage actual cost of screening applicants. Actualcosts may include the cost of using a tenant screen-ing company or a consumer credit reporting agency,and may include the reasonable value of any timespent by the landlord or the landlord’s agents inotherwise obtaining information on applicants. Inany case, the applicant screening charge may not begreater than the customary amount charged by ten-ant screening companies or consumer credit report-ing agencies for a comparable level of screening.

(3) A landlord may not require payment of anapplicant screening charge unless prior to acceptingthe payment the landlord:

(a) Adopts written screening or admission crite-ria;

(b) Gives written notice to the applicant of:(A) The amount of the applicant screening

charge;(B) The landlord’s screening or admission crite-

ria;(C) The process that the landlord typically will

follow in screening the applicant, including whetherthe landlord uses a tenant screening company, creditreports, public records or criminal records or con-tacts employers, landlords or other references; and

(D) The applicant’s rights to dispute the accu-racy of any information provided to the landlord bya screening company or credit reporting agency;

(c) Gives actual notice to the applicant of an es-timate, made to the best of the landlord’s ability atthat time, of the approximate number of rental unitsof the type, and in the area, sought by the applicantthat are, or within a reasonable future time will be,available to rent from that landlord. The estimateshall include the approximate number of applicationspreviously accepted and remaining under consider-ation for those units. A good faith error by a land-lord in making an estimate under this paragraphdoes not provide grounds for a claim under subsec-tion (8) of this section; [and]

(d) Gives written notice to the applicant of theamount of rent the landlord will charge and the de-posits the landlord will require, subject to change inthe rent or deposits by agreement of the landlordand the tenant before entering into a rental agree-ment; and

(e) Gives written notice to the applicantwhether the landlord requires tenants to obtainand maintain renter’s liability insurance and, ifso, the amount of insurance required.

(4) Regardless of whether a landlord requirespayment of an applicant screening charge, if a land-lord denies an application for a rental agreement byan applicant and that denial is based in whole or inpart on a tenant screening company or consumercredit reporting agency report on that applicant, thelandlord shall give the applicant actual notice ofthat fact at the same time that the landlord notifiesthe applicant of the denial. Unless written notice ofthe name and address of the screening company orcredit reporting agency has previously been given,the landlord shall promptly give written notice tothe applicant of the name and address of the com-pany or agency that provided the report upon whichthe denial is based.

(5) Except as provided in subsection (4) of thissection, a landlord need not disclose the results ofan applicant screening or report to an applicant,with respect to information that is not required tobe disclosed under the federal Fair Credit ReportingAct. A landlord may give to an applicant a copy ofthat applicant’s consumer report, as defined in theFair Credit Reporting Act.

(6) Unless the applicant agrees otherwise inwriting, a landlord may not require payment of anapplicant screening charge when the landlord knowsor should know that no rental units are available atthat time or will be available within a reasonablefuture time.

(7) If a landlord requires payment of an applicantscreening charge but fills the vacant rental unit be-fore screening the applicant or does not conduct ascreening of the applicant for any reason, the land-lord must refund the applicant screening charge tothe applicant within a reasonable time.

(8) The applicant may recover from the landlordtwice the amount of any applicant screening chargepaid, plus $150, if:

(a) The landlord fails to comply with this sectionand does not within a reasonable time accept theapplicant’s application for a rental agreement; or

(b) The landlord does not conduct a screening ofthe applicant for any reason and fails to refund anapplicant screening charge to the applicant withina reasonable time.

SECTION 7. ORS 90.300 is amended to read:90.300. (1) As used in this section, “security de-

posit” includes any last month’s rent deposit.(2)(a) Except as otherwise provided in this sec-

tion, a landlord may require a tenant to pay a secu-rity deposit. The landlord shall provide the tenantwith a receipt for any security deposit the tenant

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pays. The landlord shall hold a security deposit orprepaid rent for the tenant who is a party to therental agreement. A tenant’s claim to the securitydeposit or prepaid rent is prior to the claim of acreditor of the landlord, including a trustee inbankruptcy.

(b) Except as provided in ORS 86.755 (10), theholder of the landlord’s interest in the premises atthe time the tenancy terminates is responsible to thetenant for any security deposit or prepaid rent andis bound by this section.

(3) A written rental agreement, if any, must lista security deposit paid by a tenant or required by alandlord.

(4) A landlord may not charge a tenant a pet se-curity deposit for keeping a service animal or com-panion animal that a tenant with a disabilityrequires as a reasonable accommodation under fairhousing laws.

(5)(a) Except as otherwise provided in this sub-section, a landlord may not change the rentalagreement to require the tenant to pay a new or in-creased security deposit during the first year afterthe tenancy has begun. Subject to subsection (4) ofthis section, the landlord may require an additionaldeposit if the landlord and tenant agree to modifythe terms and conditions of the rental agreement topermit a pet or for other cause and the additionaldeposit relates to the modification. This paragraphdoes not prevent a landlord from collecting a secu-rity deposit that an initial rental agreement providedfor but that remained unpaid at the time the tenancybegan.

(b) If a landlord requires a new or increased se-curity deposit after the first year of the tenancy, thelandlord shall allow the tenant at least three monthsto pay the new or increased deposit.

(6) The landlord may claim all or part of the se-curity deposit only if the landlord required the se-curity deposit for any or all of the purposes specifiedin subsection (7) of this section.

(7)(a) The landlord may claim from the securitydeposit only the amount reasonably necessary:

(A) To remedy the tenant’s defaults in the per-formance of the rental agreement including, but notlimited to, unpaid rent; and

(B) To repair damages to the premises caused bythe tenant, not including ordinary wear and tear.

(b) A landlord is not required to repair damagecaused by the tenant in order for the landlord toclaim against the deposit for the cost to make therepair. Any labor costs the landlord assesses underthis subsection for cleaning or repairs must be basedon a reasonable hourly rate. The landlord maycharge a reasonable hourly rate for the landlord’sown performance of cleaning or repair work.

(c) Defaults and damages for which a landlordmay recover under this subsection include, but arenot limited to:

(A) Carpet cleaning, other than the use of acommon vacuum cleaner, if:

(i) The cleaning is performed by use of a ma-chine specifically designed for cleaning orshampooing carpets;

(ii) The carpet was cleaned [immediately] or re-placed after the previous tenancy or the mostrecent significant use of the carpet and beforethe tenant took possession; and

(iii) The written rental agreement provides thatthe landlord may deduct the cost of carpet cleaningregardless of whether the tenant cleans the carpetbefore the tenant delivers possession as described inORS 90.147.

(B) Loss of use of the dwelling unit during theperformance of necessary cleaning or repairs[,] forwhich the tenant is responsible under this sub-section if the cleaning or repairs are performed ina timely manner.

(8) A landlord may not require a tenant to payor to forfeit a security deposit or prepaid rent to thelandlord for the tenant’s failure to maintain atenancy for a minimum number of months in amonth-to-month tenancy.

(9) The landlord must apply any last month’srent deposit to the rent due for the last month of thetenancy:

(a) When either the landlord or the tenant givesto the other a notice of termination, pursuant to thischapter, other than a notice of termination underORS 90.394;

(b) When the landlord and tenant agree to ter-minate the tenancy; or

(c) When the tenancy terminates in accordancewith the provisions of a written rental agreement fora term tenancy.

(10) A landlord shall account for and refund asprovided in subsections (12) to (14) of this sectionany portion of a last month’s rent deposit the land-lord does not apply as provided under subsection (9)of this section. Unless the tenant and landlord agreeotherwise, the tenant may not require the landlordto apply a last month’s rent deposit to rent due forany period other than the last month of the tenancy.A last month’s rent deposit does not limit theamount of rent charged unless a written rentalagreement provides otherwise.

(11) When the tenancy terminates, a landlordshall account for and refund to the tenant, in thesame manner this section requires for security de-posits, the unused balance of any prepaid rent thelandlord has not previously refunded to the tenantunder ORS 90.380 and 105.120 (5)(b) or any otherprovision of this chapter. The landlord may claimfrom the remaining prepaid rent only the amountreasonably necessary to pay the tenant’s unpaidrent.

(12) In order to claim all or part of any prepaidrent or security deposit, within 31 days after thetenancy terminates and the tenant delivers pos-session the landlord shall give to the tenant a writ-ten accounting that states specifically the basis orbases of the claim. The landlord shall give a separateaccounting for security deposits and for prepaid rent.

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(13) The landlord shall return to the tenant thesecurity deposit or prepaid rent or the portion of thesecurity deposit or prepaid rent that the landlorddoes not claim in the manner provided by subsec-tions (11) and (12) of this section not later than 31days after the tenancy terminates and the tenantdelivers possession to the landlord.

(14) The landlord shall give the written account-ing required under subsection (12) of this section orshall return the security deposit or prepaid rent asrequired by subsection (13) of this section by per-sonal delivery or by first class mail.

(15) If a security deposit or prepaid rent securesa tenancy for a space for a manufactured dwellingor floating home the tenant owns and occupies,whether or not in a facility, and the dwelling orhome is abandoned as described in ORS 90.425 (2) or90.675 (2), the 31-day period described in subsections(12) and (13) of this section commences on the earli-est of:

(a) Waiver of the abandoned property processunder ORS 90.425 (26) or 90.675 (22);

(b) Removal of the manufactured dwelling orfloating home from the rented space;

(c) Destruction or other disposition of the manu-factured dwelling or floating home under ORS 90.425(10)(b) or 90.675 (10)(b); or

(d) Sale of the manufactured dwelling or floatinghome pursuant to ORS 90.425 (10)(a) or 90.675(10)(a).

(16) If the landlord fails to comply with subsec-tion (13) of this section or if the landlord in badfaith fails to return all or any portion of any prepaidrent or security deposit due to the tenant under thischapter or the rental agreement, the tenant may re-cover the money due in an amount equal to twicethe amount:

(a) Withheld without a written accounting undersubsection (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 prop-erty, as provided in ORS 18.618.

(b) If a landlord delivers a security deposit orprepaid rent to a garnishor in violation of ORS18.618 (1)(b), the landlord that delivered the securitydeposit or prepaid rent to the garnishor shall allowthe tenant at least 30 days after a copy of thegarnishee response required by ORS 18.680 is deliv-ered to the tenant under ORS 18.690 to restore thesecurity deposit or prepaid rent. If the tenant failsto restore a security deposit or prepaid rent underthe provisions of this paragraph before the tenancyterminates, and the landlord retains no security de-posit or prepaid rent from the tenant after the gar-nishment, the landlord is not required to refund oraccount for the security deposit or prepaid rent un-der subsection (11) of this section.

(18) This section does not preclude the landlordor tenant from recovering other damages under thischapter.

SECTION 8. ORS 90.302 is amended to read:

90.302. (1) A landlord may not charge a fee atthe beginning of the tenancy for an anticipatedlandlord expense and may not require the paymentof any fee except as provided in this section. A feemust be described in a written rental agreement.

(2) A landlord may charge a tenant a fee foreach 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 theamount described in ORS 30.701 (5) plus any amountthat a bank has charged the landlord for processingthe dishonored check.

(c) Removal or tampering with a properly func-tioning smoke alarm, smoke detector or carbonmonoxide alarm, as provided in ORS 90.325 (2). Thelandlord may charge a fee of up to $250 unlessthe State Fire Marshal assesses the tenant acivil penalty for the conduct under ORS 479.990or under ORS 105.836 to 105.842 and 476.725.

(d) The violation of a written pet agreement orof a rule relating to pets in a facility, pursuant toORS 90.530.

(e) The abandonment or relinquishment of adwelling unit during a fixed term tenancy withoutcause. The fee may not exceed one and one-halftimes the monthly rent. A landlord may not assessa fee under this paragraph if the abandonment orrelinquishment is pursuant to ORS 90.453 (2), 90.472or 90.475. If the landlord assesses a fee under thisparagraph:

(A) The landlord may not recover unpaid rent forany period of the fixed term tenancy beyond the datethat the landlord knew or reasonably should haveknown of the abandonment or relinquishment;

(B) The landlord may not recover damages re-lated to the cost of renting the dwelling unit to anew tenant; and

(C) ORS 90.410 (3) does not apply to the aban-donment or relinquishment.

[(f) Noncompliance with written rules or policies.The fee may not exceed $50. A fee may be assessedunder this paragraph only for the following types ofnoncompliance:]

[(A) The late payment of a utility or servicecharge that the tenant owes the landlord as describedin ORS 90.315.]

[(B) Failure to clean up pet waste from a part ofthe premises other than the dwelling unit.]

[(C) Failure to clean up garbage, rubbish andother waste from a part of the premises other than thedwelling 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 noncompli-ance or for a subsequent noncompliance withwritten rules or policies that describe the pro-hibited conduct and the fee for a second non-compliance, and for any third or subsequentnoncompliance, that occurs within one year af-ter a written warning notice described in sub-

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paragraph (A) of this paragraph. The fee maynot exceed $50 for the second noncompliancewithin one year after the warning notice for thesame or a similar noncompliance or $50 plus fivepercent of the rent payment for the currentrental period for a third or subsequent noncom-pliance within one year after the warning noticefor the same or a similar noncompliance. Thelandlord:

(A) Shall give a tenant a written warningnotice that describes:

(i) A specific noncompliance before charginga fee for a second or subsequent noncompliancefor the same or similar conduct; and

(ii) The amount of the fee for a second non-compliance, and for any subsequent noncompli-ance, that occurs within one year after thewarning notice.

(B) Shall give a tenant a written notice de-scribing the noncompliance when assessing a feefor a second or subsequent noncompliance thatoccurs within one year after the warning notice.

(C) Shall give a warning notice for a non-compliance or assess a fee for a second or sub-sequent noncompliance within 30 days after theact constituting noncompliance.

(D) May terminate a tenancy for a noncom-pliance consistent with this chapter instead ofassessing a fee under this subsection, but maynot assess a fee and terminate a tenancy for thesame noncompliance.

(E) May not deduct a fee assessed pursuantto this subsection from a rent payment for thecurrent or a subsequent rental period.

(b) A landlord may charge a tenant a fee foroccurrences of noncompliance with written rulesor policies as provided in paragraph (a) of thissubsection for the following types of noncompli-ance:

(A) The late payment of a utility or servicecharge that the tenant owes the landlord as de-scribed in ORS 90.315.

(B) Failure to clean up pet waste from a partof the premises other than the dwelling unit.

(C) Failure to clean up garbage, rubbish andother waste from a part of the premises otherthan the dwelling unit.

(D) Parking violations.(E) The improper use of vehicles within the

premises.(F) Smoking in a clearly designated non-

smoking unit or area of the premises.(G) Keeping on the premises an unauthorized

pet capable of causing damage to persons orproperty, as described in ORS 90.405.

[(3)] (4) A landlord may not be required to ac-count 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 tenantany form of liquidated damages, however designated.

[(5)] (6) Nonpayment of a fee is not grounds fortermination of a rental agreement for nonpaymentof rent under ORS 90.394, but is grounds for termi-

nation of a rental agreement for cause under ORS90.392 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 re-quired of the landlord by the rental agreement or bylaw[.], including the cost to replace a key lost bya tenant;

(d) Processing fees charged to the landlordby a credit card company and passed through tothe tenant for the use of a credit card by thetenant to make a payment when:

(A) The credit card company allows process-ing fees to be passed through to the credit cardholder; and

(B) The landlord allows the tenant to pay incash or by check; or

(e) A requirement by a landlord in a writtenrental agreement that a tenant obtain andmaintain renter’s liability insurance pursuant tosection 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 ahabitable condition. For purposes of this section, adwelling unit shall be considered unhabitable if itsubstantially lacks:

(a) Effective waterproofing and weather pro-tection of roof and exterior walls, including windowsand doors;

(b) Plumbing facilities that conform to applicablelaw in effect at the time of installation, and main-tained in good working order;

(c) A water supply approved under applicable lawthat is:

(A) Under the control of the tenant or landlordand is capable of producing hot and cold runningwater;

(B) Furnished to appropriate fixtures;(C) Connected to a sewage disposal system ap-

proved under applicable law; and(D) Maintained so as to provide safe drinking

water and to be in good working order to the extentthat the system can be controlled by the landlord;

(d) Adequate heating facilities that conform toapplicable law at the time of installation and main-tained in good working order;

(e) Electrical lighting with wiring and electricalequipment that conform to applicable law at thetime of installation and maintained in good workingorder;

(f) Buildings, grounds and appurtenances at thetime of the commencement of the rental agreementin every part safe for normal and reasonably fore-seeable uses, clean, sanitary and free from all accu-mulations of debris, filth, rubbish, garbage, rodentsand vermin, and all areas under control of the land-lord kept in every part safe for normal and reason-

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ably foreseeable uses, clean, sanitary and free fromall accumulations of debris, filth, rubbish, garbage,rodents and vermin;

(g) Except as otherwise provided by local ordi-nance or by written agreement between the landlordand the tenant, an adequate number of appropriatereceptacles for garbage and rubbish in clean condi-tion and good repair at the time of the commence-ment of the rental agreement, and the landlord shallprovide and maintain appropriate serviceable recep-tacles thereafter and arrange for their removal;

(h) Floors, walls, ceilings, stairways and railingsmaintained in good repair;

(i) Ventilating, air conditioning and other facili-ties and appliances, including elevators, maintainedin good repair if supplied or required to be suppliedby the landlord;

(j) Safety from fire hazards, including a workingsmoke alarm or smoke detector, with working bat-teries if solely battery-operated, provided only at thebeginning of any new tenancy when the tenant firsttakes possession of the premises, as provided in ORS479.270, but not to include the tenant’s testing of thesmoke alarm or smoke detector as provided in ORS90.325 (1);

(k) A carbon monoxide alarm, and the dwellingunit [or the structure in which the dwelling unit is apart]:

(A) Contains a carbon monoxide source [as de-fined in ORS 105.836]; or

(B) Is located within a structure that con-tains a carbon monoxide source and the dwellingunit is connected to the room in which the car-bon monoxide source is located by a door,ductwork or a ventilation shaft; or

(L) Working locks for all dwelling entrancedoors, and, unless contrary to applicable law, latchesfor all windows, by which access may be had to thatportion of the premises that the tenant is entitledunder the rental agreement to occupy to the exclu-sion of others and keys for those locks that requirekeys.

(2) The landlord and tenant may agree in writingthat the tenant is to perform specified repairs,maintenance tasks and minor remodeling only if:

(a) The agreement of the parties is entered intoin good faith and not for the purpose of evading theobligations of the landlord;

(b) The agreement does not diminish the obli-gations of the landlord to other tenants in thepremises; and

(c) The terms and conditions of the agreementare clearly and fairly disclosed and adequate consid-eration for the agreement is specifically stated.

(3) Any provisions of this section that reasonablyapply only to a structure that is used as a home,residence or sleeping place shall not apply to amanufactured dwelling, recreational vehicle or float-ing home where the tenant owns the manufactureddwelling, recreational vehicle or floating home, rentsthe space and, in the case of a dwelling or home, thespace is not in a facility. Manufactured dwelling orfloating home tenancies in which the tenant owns

the dwelling or home and rents space in a facilityshall 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’srental agreement with a landlord is in foreclosuremay apply the tenant’s security deposit or prepaidrent to the tenant’s obligation to the landlord. Thetenant must notify the landlord in writing that thetenant intends to do so. The giving of the noticeprovided by this subsection by the tenant does notconstitute a termination of the tenancy.

(2) A landlord may not terminate the tenancy ofa tenant:

(a) Because the tenant has applied the securitydeposit or prepaid rent as allowed under subsection(1) of this section.

(b) For nonpayment of rent during the month inwhich the tenant applies the security deposit orprepaid rent pursuant to subsection (1) of this sec-tion unless an unpaid balance remains due after ap-plying all payments, including the security depositor prepaid rent, to the rent.

(3) If the tenant has not provided the writtennotice applying the security deposit or prepaid rentas required under subsection (1) of this section be-fore the landlord gives a termination notice for non-payment of rent, the tenant must provide the writtennotice within the notice period provided by ORS90.392 or 90.394. If the tenant does not provide thewritten notice, the landlord may terminate thetenancy based upon ORS 90.392 or 90.394.

(4) Application of the security deposit or prepaidrent pursuant to subsection (1) of this section toan obligation owed to the landlord does not consti-tute a partial payment under ORS 90.417.

(5) If the landlord provides written evidence froma lender or trustee that the property is no longer inforeclosure, the landlord may require the tenant torestore the security deposit or prepaid rent to theamount required prior to the tenant’s application ofthe security deposit or prepaid rent. The landlordshall allow the tenant at least two months to restorethe security deposit or prepaid rent.

(6)(a) A tenant with a fixed term tenancywho receives actual notice that the propertythat is the subject of the tenant’s rental agree-ment with a landlord is in foreclosure may ter-minate the tenancy by delivering a writtennotice to the landlord specifying that the tenanthas received notice that the property is in fore-closure and that the tenancy will terminateupon a designated date that is not less than 60days after delivery of the notice unless within30 days the landlord provides the tenant withwritten evidence from a lender or trustee thatthe property is no longer in foreclosure or withwritten evidence that a receiver has been ap-pointed by a court of competent jurisdiction tooversee the operation of the property.

(b) If the landlord does not provide the ten-ant with written evidence as described in para-

7


graph (a) of this subsection within the 30-dayperiod after delivery of the notice of termi-nation, the tenancy terminates as provided inthe 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 federallaw, including ORS 346.630, 346.660, 346.690,659A.145 and 659A.421.

(2) If the tenant can prove that the landlord vio-lated subsection (1) of this section, the tenant has adefense in any discriminatory action brought by thelandlord against the tenant for possession, unless thetenant is in default in rent.

(3) A tenant may prove a landlord’s discrimi-nation in violation of ORS 659A.145 or 659A.421 bydemonstrating that a facially neutral housing policyhas a disparate adverse impact, as described in ORS659A.425, on members of a protected class.

[(4) A landlord may not discriminate against anapplicant solely because the applicant was a defendantin an action for possession pursuant to ORS 105.105to 105.168 that was dismissed or that resulted ingeneral judgment for the defendant prior to the ap-plication. This subsection does not apply if the prioraction has not resulted in a dismissal or generaljudgment at the time of the application. If the land-lord knowingly acts in violation of this subsection, theapplicant 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, thatcould reasonably be expected to be paid for a manu-factured dwelling or floating home by an informedbuyer to an informed seller, each acting withoutcompulsion in an arm’s-length transaction occurringon the assessment date for the tax year or on thedate of a subsequent reappraisal by the county as-sessor.

(b) “Dispose of the personal property” meansthat, if reasonably appropriate, the landlord maythrow away the property or may give it withoutconsideration to a nonprofit organization or to aperson unrelated to the landlord. The landlord maynot retain the property for personal use or benefit.

(c) “Goods” includes those goods left inside arecreational vehicle, manufactured dwelling or float-ing home or left upon the rental space outside arecreational vehicle, manufactured dwelling or float-ing home, whether the recreational vehicle, dwellingor home is located inside or outside of a facility.

(d) “Lienholder” means any lienholder of anabandoned recreational vehicle, manufactured dwell-ing or floating home, if the lien is of record or thelienholder 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 toORS 802.200 (1)(a)(A) and 803.097.

(B) For a manufactured dwelling or recreationalvehicle that is a manufactured structure as definedin ORS 446.561, that a security interest has beenproperly recorded for the manufactured dwelling orrecreational vehicle in the records of the Depart-ment of Consumer and Business Services pursuantto ORS 446.611 or on a certificate of title issued bythe Department of Transportation prior to May 1,2005.

(C) For a floating home, that a security interesthas been properly recorded with the State MarineBoard pursuant to ORS 830.740 to 830.755 for a homeregistered and titled with the board pursuant to ORS830.715.

(f) “Owner” means any owner of an abandonedrecreational vehicle, manufactured dwelling or float-ing home, if different from the tenant and either ofrecord or actually known to the landlord.

(g) “Personal property” means goods, vehiclesand recreational vehicles and includes manufactureddwellings and floating homes not located in a facil-ity. “Personal property” does not include manufac-tured dwellings and floating homes located in afacility and therefore subject to being stored, soldor disposed of as provided under ORS 90.675.

(2) A landlord [may not] is responsible forabandoned personal property and shall store, sellor dispose of abandoned personal property [except]as provided by this section. This section governs therights and obligations of landlords, tenants and anylienholders or owners in any personal propertyabandoned or left upon the premises by the tenantor any lienholder or owner in the following circum-stances:

(a) The tenancy has ended by termination or ex-piration of a rental agreement or by relinquishmentor abandonment of the premises and the landlordreasonably believes under all the circumstances thatthe tenant has left the personal property upon thepremises with no intention of asserting any furtherclaim to the premises or to the personal property;

(b) The tenant has been absent from the premisescontinuously for seven days after termination of atenancy by a court order that has not been executed;or

(c) The landlord receives possession of the prem-ises from the sheriff following restitution pursuantto ORS 105.161.

(3) Prior to storing, selling or disposing of thetenant’s personal property under this section, thelandlord must give a written notice to the tenantthat 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 pro-

vided by the tenant or actually known to the land-lord.

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(4)(a) In addition to the notice required by sub-section (3) of this section, in the case of an aban-doned recreational vehicle, manufactured dwellingor floating home, a landlord shall also give a copyof the notice described in subsection (3) of this sec-tion to:

(A) Any lienholder of the recreational vehicle,manufactured dwelling or floating home;

(B) Any owner of the recreational vehicle, man-ufactured dwelling or floating home;

(C) The tax collector of the county where themanufactured dwelling or floating home is located;and

(D) The assessor of the county where the manu-factured dwelling or floating home is located.

(b) The landlord shall give the notice copy re-quired by this subsection by personal delivery orfirst class mail, except that for any lienholder, mailservice must be both by first class mail and by cer-tified mail with return receipt requested.

(c) A notice to lienholders under paragraph(a)(A) of this subsection must be sent to eachlienholder 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 propertysubject to the lien and that was sent to the landlordby certified mail with return receipt requestedwithin the preceding five years. The notice mustidentify the personal property by describing thephysical address of the property.

(5) The notice required under subsection (3) ofthis section must state that:

(a) The personal property left upon the premisesis considered abandoned;

(b) The tenant or any lienholder or owner mustcontact the landlord by a specified date, as providedin subsection (6) of this section, to arrange for theremoval of the abandoned personal property;

(c) The personal property is stored at a place ofsafekeeping, except that if the property includes amanufactured dwelling or floating home, the dwell-ing or home must be stored on the rented space;

(d) The tenant or any lienholder or owner, ex-cept as provided by subsection (18) of this section,may arrange for removal of the personal property bycontacting the landlord at a described telephonenumber or address on or before the specified date;

(e) The landlord shall make the personal prop-erty available for removal by the tenant or anylienholder or owner, except as provided by subsec-tion (18) of this section, by appointment at reason-able times;

(f) If the personal property is considered to beabandoned pursuant to subsection (2)(a) or (b) of thissection, the landlord may require payment of re-moval and storage charges, as provided by subsec-tion (7)(d) of this section, prior to releasing thepersonal property to the tenant or any lienholder orowner;

(g) If the personal property is considered to beabandoned pursuant to subsection (2)(c) of this sec-

tion, the landlord may not require payment of stor-age charges prior to releasing the personal property;

(h) If the tenant or any lienholder or owner failsto contact the landlord by the specified date, or afterthat contact, fails to remove the personal propertywithin 30 days for recreational vehicles, manufac-tured dwellings and floating homes or 15 days for allother personal property, the landlord may sell ordispose of the personal property. If the landlord rea-sonably believes that the personal property will beeligible for disposal pursuant to subsection (10)(b) ofthis section and the landlord intends to dispose ofthe property if the property is not claimed, the no-tice shall state that belief and intent; and

(i) If the personal property includes a recre-ational vehicle, manufactured dwelling or floatinghome and if applicable, there is a lienholder orowner that has a right to claim the recreational ve-hicle, dwelling or home, except as provided by sub-section (18) of this section.

(6) For purposes of subsection (5) of this section,the specified date by which a tenant, lienholder orowner must contact a landlord to arrange for thedisposition of abandoned personal property is:

(a) For abandoned recreational vehicles, manu-factured dwellings or floating homes, not less than45 days after personal delivery or mailing of the no-tice; or

(b) For all other abandoned personal property,not less than five days after personal delivery oreight days after mailing of the notice.

(7) After notifying the tenant as required bysubsection (3) of this section, the landlord:

(a) Shall store any abandoned manufactureddwelling or floating home on the rented space andshall exercise reasonable care for the dwelling orhome;

(b) Shall store all other abandoned personalproperty of the tenant, including goods left inside arecreational vehicle, manufactured dwelling or float-ing home or left upon the rented space outside arecreational vehicle, dwelling or home, in a place ofsafekeeping and shall exercise reasonable care forthe 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 con-trol agency will not remove the abandoned pets orlivestock, the landlord shall exercise reasonable carefor the animals given all the circumstances, includ-ing the type and condition of the animals, and maygive the animals to an agency that is willing andable to care for the animals, such as a humane so-ciety or similar organization;

(c) Except for manufactured dwellings and float-ing homes, may store the abandoned personal prop-erty at the dwelling unit, move and store itelsewhere on the premises or move and store it at acommercial storage company or other place of safe-keeping; and

(d) Is entitled to reasonable or actual storagecharges and costs incidental to storage or disposal,including any cost of removal to a place of storage.

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In the case of an abandoned manufactured dwellingor floating home, the storage charge may be nogreater than the monthly space rent last payable bythe tenant.

(8) If a tenant, lienholder or owner, upon the re-ceipt of the notice provided by subsection (3) or (4)of this section or otherwise, responds by actual no-tice to the landlord on or before the specified datein the landlord’s notice that the tenant, lienholderor owner intends to remove the personal propertyfrom the premises or from the place of safekeeping,the landlord must make that personal propertyavailable for removal by the tenant, lienholder orowner by appointment at reasonable times duringthe 15 days or, in the case of a recreational vehicle,manufactured dwelling or floating home, 30 daysfollowing the date of the response, subject to sub-section (18) of this section. If the personal propertyis considered to be abandoned pursuant to subsec-tion (2)(a) or (b) of this section, but not pursuant tosubsection (2)(c) of this section, the landlord mayrequire payment of removal and storage charges, asprovided in subsection (7)(d) of this section, prior toallowing the tenant, lienholder or owner to removethe personal property. Acceptance by a landlord ofsuch payment does not operate to create or reinstatea tenancy or create a waiver pursuant to ORS 90.412or 90.417.

(9) Except as provided in subsections (18) to (20)of this section, if the tenant, lienholder or owner ofa recreational vehicle, manufactured dwelling orfloating home does not respond within the time pro-vided by the landlord’s notice, or the tenant,lienholder or owner does not remove the personalproperty within the time required by subsection (8)of this section or by any date agreed to with thelandlord, whichever is later, the tenant’s,lienholder’s or owner’s personal property is conclu-sively presumed to be abandoned. The tenant andany lienholder or owner that have been given noticepursuant to subsection (3) or (4) of this section shall,except with regard to the distribution of sale pro-ceeds pursuant to subsection (13) of this section,have no further right, title or interest to the per-sonal property and may not claim or sell the prop-erty.

(10) If the personal property is presumed to beabandoned under subsection (9) of this section, thelandlord then may:

(a) Sell the personal property at a public or pri-vate sale, provided that prior to the sale of a recre-ational vehicle, manufactured dwelling or floatinghome:

(A) The landlord may seek to transfer ownershipof record of the personal property by complying withthe requirements of the appropriate state agency;and

(B) The landlord shall:(i) Place a notice in a newspaper of general cir-

culation in the county in which the recreational ve-hicle, manufactured dwelling or floating home islocated. The notice shall state:

(I) That the recreational vehicle, manufactureddwelling or floating home is abandoned;

(II) The tenant’s and owner’s name, if of recordor actually known to the landlord;

(III) The address and any space number wherethe recreational vehicle, manufactured dwelling orfloating home is located, and any plate, registrationor other identification number for a recreational ve-hicle or floating home noted on the certificate of ti-tle, if actually known to the landlord;

(IV) Whether the sale is by private bidding orpublic auction;

(V) Whether the landlord is accepting sealed bidsand, if so, the last date on which bids will be ac-cepted; and

(VI) The name and telephone number of the per-son to contact to inspect the recreational vehicle,manufactured dwelling or floating home;

(ii) At a reasonable time prior to the sale, givea copy of the notice required by sub-subparagraph (i)of this subparagraph to the tenant and to anylienholder and owner, by personal delivery or firstclass mail, except that for any lienholder, mail ser-vice must be by first class mail with certificate ofmailing;

(iii) Obtain an affidavit of publication from thenewspaper to show that the notice required undersub-subparagraph (i) of this subparagraph ran in thenewspaper at least one day in each of two consec-utive weeks prior to the date scheduled for the saleor the last date bids will be accepted; and

(iv) Obtain written proof from the county thatall property taxes and assessments on the manufac-tured 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 tosubsection (13) of this section;

(b) Destroy or otherwise dispose of the personalproperty if the landlord determines that:

(A) For a manufactured dwelling or floatinghome, 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 reason-able current fair market value is $1,000 or less or solow that the cost of storage and conducting a publicsale probably exceeds the amount that would be re-alized from the sale; or

(c) Consistent with paragraphs (a) and (b) of thissubsection, sell certain items and destroy or other-wise dispose of the remaining personal property.

(11)(a) A public or private sale authorized by thissection must:

(A) For a recreational vehicle, manufactureddwelling or floating home, be conducted consistentwith the terms listed in subsection (10)(a)(B)(i) ofthis section. Every aspect of the sale including themethod, manner, time, place and terms must becommercially reasonable; or

(B) For all other personal property, be conductedunder the provisions of ORS 79.0610.

(b) If there is no buyer at a sale of a manufac-tured dwelling or floating home, the personal prop-

10


erty is considered to be worth $8,000 or less,regardless of current market value, and the landlordshall destroy or otherwise dispose of the personalproperty.

(12) Notwithstanding ORS 446.155 (1) and (2),unless a landlord intentionally misrepresents thecondition of a manufactured dwelling or floatinghome, the landlord is not liable for the condition ofthe dwelling or home to:

(a) A buyer of the dwelling or home at a salepursuant to subsection (10)(a) of this section, withor without consideration; or

(b) A person or nonprofit organization to whomthe landlord gives the dwelling or home pursuant tosubsection (1)(b), (10)(b) or (11)(b) of this section.

(13)(a) The landlord may deduct from the pro-ceeds 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 listedin paragraph (a) of this subsection, the landlord shallremit the remaining proceeds, if any, to the countytax collector to the extent of any unpaid propertytaxes and assessments owed on the dwelling orhome.

(c) If the sale was of a recreational vehicle,manufactured dwelling or floating home, after de-ducting the amounts listed in paragraphs (a) and (b)of this subsection, if applicable, the landlord shallremit the remaining proceeds, if any, to anylienholder to the extent of any unpaid balance owedon the lien on the recreational vehicle, dwelling orhome.

(d) After deducting the amounts listed in para-graphs (a), (b) and (c) of this subsection, if applica-ble, the landlord shall remit to the tenant or ownerthe remaining proceeds, if any, together with anitemized accounting.

(e) If the tenant or owner cannot after due dili-gence be found, the landlord shall deposit the re-maining proceeds with the county treasurer of thecounty in which the sale occurred. If not claimedwithin three years, the deposited proceeds revert tothe general fund of the county and are available forgeneral purposes.

(14) The county tax collector shall cancel allunpaid property taxes and assessments owed on amanufactured dwelling or floating home, as providedunder ORS 311.790, only under one of the followingcircumstances:

(a) The landlord disposes of the manufactureddwelling or floating home after a determination de-scribed in subsection (10)(b) of this section.

(b) There is no buyer of the manufactureddwelling or floating home at a sale described undersubsection (11) of this section.

(c)(A) There is a buyer of the manufactureddwelling or floating home at a sale described undersubsection (11) of this section;

(B) The current market value of the manufac-tured dwelling or floating home is $8,000 or less; and

(C) The proceeds of the sale are insufficient tosatisfy the unpaid property taxes and assessmentsowed on the dwelling or home after distribution ofthe proceeds pursuant to subsection (13) of this sec-tion.

(d)(A) The landlord buys the manufactureddwelling or floating home at a sale described undersubsection (11) of this section;

(B) The current market value of the manufac-tured dwelling or floating home is more than $8,000;

(C) The proceeds of the sale are insufficient tosatisfy the unpaid property taxes and assessmentsowed on the manufactured dwelling or floating homeafter distribution of the proceeds pursuant to sub-section (13) of this section; and

(D) The landlord disposes of the manufactureddwelling or floating home.

(15) The landlord is not responsible for any lossto the tenant, lienholder or owner resulting fromstorage of personal property in compliance with thissection unless the loss was caused by the landlord’sdeliberate or negligent act. In the event of a delib-erate and malicious violation, the landlord is liablefor twice the actual damages sustained by the ten-ant, lienholder or owner.

(16) Complete compliance in good faith with thissection shall constitute a complete defense in anyaction brought by a tenant, lienholder or owneragainst a landlord for loss or damage to such per-sonal property disposed of pursuant to this section.

(17) If a landlord does not comply with this sec-tion:

(a) The tenant is relieved of any liability fordamage to the premises caused by conduct that wasnot deliberate, intentional or grossly negligent andfor unpaid rent and may recover from the landlordup to twice the actual damages sustained by thetenant;

(b) A lienholder or owner aggrieved by the non-compliance may recover from the landlord the actualdamages sustained by the lienholder or owner. ORS90.255 does not authorize an award of attorney feesto the prevailing party in any action arising underthis paragraph; and

(c) A county tax collector aggrieved by the non-compliance may recover from the landlord the actualdamages sustained by the tax collector, if the non-compliance is part of an effort by the landlord todefraud the tax collector. ORS 90.255 does not au-thorize an award of attorney fees to the prevailingparty in any action arising under this paragraph.

(18) In the case of an abandoned recreationalvehicle, manufactured dwelling or floating home, theprovisions of this section regarding the rights andresponsibilities of a tenant to the abandoned vehicle,dwelling or home also apply to any lienholder exceptthat the lienholder may not sell or remove the vehi-cle, dwelling or home unless:

(a) The lienholder has foreclosed its lien on therecreational vehicle, manufactured dwelling or float-ing home;

(b) The tenant or a personal representative ordesignated person described in subsection (20) of this

11


section has waived all rights under this section pur-suant to subsection (26) of this section; or

(c) The notice and response periods provided bysubsections (6) and (8) of this section have expired.

(19)(a) In the case of an abandoned manufactureddwelling or floating home but not including a dwell-ing or home abandoned following a termination pur-suant to ORS 90.429 and except as provided bysubsection (20)(d) and (e) of this section, if alienholder makes a timely response to a notice ofabandoned personal property pursuant to subsections(6) and (8) of this section and so requests, a landlordshall enter into a written storage agreement withthe lienholder providing that the dwelling or homemay not be sold or disposed of by the landlord forup to 12 months. A storage agreement entitles thelienholder to store the personal property on the pre-viously rented space during the term of the agree-ment, but does not entitle anyone to occupy thepersonal property.

(b) The lienholder’s right to a storage agreementarises upon the failure of the tenant, owner or, inthe case of a deceased tenant, the personal repre-sentative, designated person, heir or devisee to re-move or sell the dwelling or home within theallotted time.

(c) To exercise the right to a storage agreementunder this subsection, in addition to contacting thelandlord with a timely response as described in par-agraph (a) of this subsection, the lienholder mustenter into the proposed storage agreement within 60days after the landlord gives a copy of the agreementto the lienholder. The landlord shall give a copy ofthe proposed storage agreement to the lienholder inthe same manner as provided by subsection (4)(b) ofthis section. The landlord may include a copy of theproposed storage agreement with the notice of aban-doned property required by subsection (4) of thissection. A lienholder enters into a storage agree-ment by signing a copy of the agreement providedby the landlord and personally delivering or mailingthe signed copy to the landlord within the 60-dayperiod.

(d) The storage agreement may require, in addi-tion to other provisions agreed to by the landlordand the lienholder, that:

(A) The lienholder make timely periodic paymentof all storage charges, as described in subsection(7)(d) of this section, accruing from the commence-ment of the 45-day period described in subsection (6)of this section. A storage charge may include a util-ity or service charge, as described in ORS 90.532, iflimited to charges for electricity, water, sewer ser-vice and natural gas and if incidental to the storageof personal property. A storage charge may not bedue more frequently than monthly;

(B) The lienholder pay a late charge or fee forfailure to pay a storage charge by the date requiredin the agreement, if the amount of the late chargeis no greater than for late charges described in therental agreement between the landlord and the ten-ant; and

(C) The lienholder maintain the personal prop-erty and the space on which the personal propertyis stored in a manner consistent with the rights andobligations described in the rental agreement be-tween the landlord and the tenant.

(e) During the term of an agreement describedunder this subsection, the lienholder has the rightto remove or sell the property, subject to the pro-visions of the lien. Selling the property includes asale to a purchaser who wishes to leave the dwellingor home on the rented space and become a tenant,subject to any conditions previously agreed to by thelandlord and tenant regarding the landlord’s ap-proval of a purchaser or, if there was no suchagreement, any reasonable conditions by the land-lord regarding approval of any purchaser who wishesto leave the dwelling or home on the rented spaceand become a tenant. The landlord also may condi-tion approval for occupancy of any purchaser of theproperty upon payment of all unpaid storage chargesand maintenance costs.

(f)(A) If the lienholder violates the storageagreement, the landlord may terminate the agree-ment by giving at least 90 days’ written notice to thelienholder stating facts sufficient to notify thelienholder of the reason for the termination. Unlessthe lienholder corrects the violation within the no-tice period, the agreement terminates as providedand the landlord may sell or dispose of the dwellingor home without further notice to the lienholder.

(B) After a landlord gives a termination noticepursuant to subparagraph (A) of this paragraph forfailure of the lienholder to pay a storage charge andthe lienholder corrects the violation, if thelienholder again violates the storage agreement byfailing to pay a subsequent storage charge, thelandlord may terminate the agreement by giving atleast 30 days’ written notice to the lienholder statingfacts sufficient to notify the lienholder of the reasonfor termination. Unless the lienholder corrects theviolation within the notice period, the agreementterminates as provided and the landlord may sell ordispose of the property without further notice to thelienholder.

(C) A lienholder may terminate a storage agree-ment at any time upon at least 14 days’ written no-tice to the landlord and may remove the propertyfrom the rented space if the lienholder has paid allstorage charges and other charges as provided in theagreement.

(g) Upon the failure of a lienholder to enter intoa storage agreement as provided by this subsectionor upon termination of an agreement, unless theparties otherwise agree or the lienholder has sold orremoved the manufactured dwelling or floatinghome, the landlord may sell or dispose of the prop-erty pursuant to this section without further noticeto the lienholder.

(20) If the personal property is a manufactureddwelling or floating home and is considered aban-doned as a result of the death of a tenant who wasthe only tenant and who owned the dwelling orhome, this section applies, except as follows:

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(a) The following persons have the same rightsand responsibilities regarding the abandoned dwell-ing or home as a tenant:

(A) Any personal representative named in a willor appointed by a court to act for the deceased ten-ant.

(B) Any person designated in writing by the ten-ant to be contacted by the landlord in the event ofthe tenant’s death.

(b) The notice required by subsection (3) of thissection must be:

(A) Sent by first class mail to the deceased ten-ant at the premises; and

(B) Personally delivered or sent by first classmail to any personal representative or designatedperson, if actually known to the landlord.

(c) The notice described in subsection (5) of thissection must refer to any personal representative ordesignated person, instead of the deceased tenant,and must incorporate the provisions of this subsec-tion.

(d) If a personal representative, designated per-son or other person entitled to possession of theproperty, such as an heir or devisee, responds byactual notice to a landlord within the 45-day periodprovided by subsection (6) of this section and so re-quests, the landlord shall enter into a written stor-age agreement with the representative or personproviding that the dwelling or home may not be soldor disposed of by the landlord for up to 90 days oruntil conclusion of any probate proceedings, which-ever is later. A storage agreement entitles the rep-resentative or person to store the personal propertyon the previously rented space during the term ofthe agreement, but does not entitle anyone to occupythe personal property. If such an agreement is en-tered, the landlord may not enter a similar agree-ment with a lienholder pursuant to subsection (19)of this section until the agreement with the personalrepresentative or designated person ends.

(e) If a personal representative or other personrequests that a landlord enter into a storage agree-ment, subsection (19)(c), (d) and (f)(C) of this sectionapplies, with the representative or person having therights and responsibilities of a lienholder with re-gard to the storage agreement.

(f) During the term of an agreement describedunder paragraph (d) of this subsection, the represen-tative or person has the right to remove or sell thedwelling or home, including a sale to a purchaser ora transfer to an heir or devisee where the purchaser,heir or devisee wishes to leave the dwelling or homeon the rented space and become a tenant, subject toany conditions previously agreed to by the landlordand tenant regarding the landlord’s approval for oc-cupancy of a purchaser, heir or devisee or, if therewas no such agreement, any reasonable conditionsby the landlord regarding approval for occupancy ofany purchaser, heir or devisee who wishes to leavethe dwelling or home on the rented space and be-come a tenant. The landlord also may condition ap-proval for occupancy of any purchaser, heir or

devisee of the dwelling or home upon payment of allunpaid storage charges and maintenance costs.

(g) If the representative or person violates thestorage agreement, the landlord may terminate theagreement by giving at least 30 days’ written noticeto the representative or person stating facts suffi-cient to notify the representative or person of thereason for the termination. Unless the represen-tative or person corrects the violation within thenotice period, the agreement terminates as providedand the landlord may sell or dispose of the dwellingor home without further notice to the representativeor person.

(h) Upon the failure of a representative or per-son to enter into a storage agreement as providedby this subsection or upon termination of an agree-ment, unless the parties otherwise agree or the rep-resentative or person has sold or removed themanufactured dwelling or floating home, the land-lord may sell or dispose of the property pursuant tothis section without further notice to the represen-tative or person.

(21) If the personal property is other than amanufactured dwelling or floating home and is con-sidered abandoned as a result of the death of a ten-ant who was the only tenant and who owned thepersonal property, this section applies except as fol-lows:

(a) The following persons have the same rightsand responsibilities regarding the abandoned per-sonal property as a tenant:

(A) An heir or devisee.(B) Any personal representative named in a will

or appointed by a court to act for the deceased ten-ant.

(C) Any person designated in writing by the ten-ant to be contacted by the landlord in the event ofthe tenant’s death.


(A) Sent by first class mail to the deceased ten-ant at the premises;

(B) Personally delivered or sent by first classmail to any heir, devisee, personal representative ordesignated person, if actually known to the landlord;and

(C) Sent by first class mail to the attention ofan estate administrator of the Department of StateLands.

(c) The notice described in subsection (5) of thissection must refer to the heir, devisee, personal rep-resentative, designated person or estate administra-tor of the department, instead of the deceasedtenant, and must incorporate the provisions of thissubsection.

(d) The landlord shall allow a person that is anheir, devisee or personal representative of the ten-ant, or an estate administrator of the department, toremove the personal property if the person contactsthe landlord within the period provided by subsec-tion (6) of this section, complies with the require-ments of this section and provides the landlord withreasonable evidence that the person is an heir,

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devisee or personal representative, or an estate ad-ministrator of the department.

(e) If neither an heir, devisee nor personal rep-resentative of the tenant, nor an estate administra-tor of the department, contacts the landlord withinthe time period provided by subsection (6) of thissection, the landlord shall allow removal of the per-sonal property by the designated person of the ten-ant, if the designated person contacts the landlordwithin that period and complies with the require-ments of this section and provides the landlord withreasonable evidence that the person is the desig-nated person.

(f) A landlord who allows removal of personalproperty under this subsection is not liable to an-other person that has a claim or interest in the per-sonal property.

(22) If a governmental agency determines thatthe condition of a manufactured dwelling, floatinghome or recreational vehicle abandoned under thissection constitutes an extreme health or safety haz-ard under state or local law and the agency deter-mines that the hazard endangers others in theimmediate vicinity and requires quick removal of theproperty, the landlord may sell or dispose of theproperty pursuant to this subsection. The landlordshall comply with all provisions of this section, ex-cept as follows:

(a) The date provided in subsection (6) of thissection by which a tenant, lienholder, owner, per-sonal representative or designated person must con-tact a landlord to arrange for the disposition of theproperty must be not less than 15 days after personaldelivery or mailing of the notice required by subsec-tion (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 mustremove the property must be not less than sevendays after the tenant, lienholder, owner, personalrepresentative or designated person contacts thelandlord.

(c) The notice required by subsection (3) of thissection must be as provided in subsection (5) of thissection, except that:

(A) The dates and deadlines in the notice forcontacting the landlord and removing the propertymust be consistent with this subsection;

(B) The notice must state that a governmentalagency has determined that the property constitutesan extreme health or safety hazard and must be re-moved quickly; and

(C) The landlord shall attach a copy of theagency’s determination to the notice.

(d) If the tenant, a lienholder, owner, personalrepresentative or designated person does not removethe property within the time allowed, the landlordor a buyer at a sale by the landlord under subsection(11) of this section shall promptly remove the prop-erty from the facility.

(e) A landlord is not required to enter into astorage agreement with a lienholder, owner, per-

sonal representative or designated person pursuantto subsection (19) of this section.

(23)(a) If an official or agency referred to in ORS453.876 notifies the landlord that the official oragency has determined that all or part of the prem-ises is unfit for use as a result of the presence of anillegal drug manufacturing site involving metham-phetamine, and the landlord complies with this sub-section, the landlord is not required to comply withsubsections (1) to (22) and (24) to (27) of this sectionwith regard to personal property left on the portionof the premises that the official or agency has de-termined to be unfit for use.

(b) Upon receiving notice from an official oragency determining the premises to be unfit for use,the landlord shall promptly give written notice tothe tenant as provided in subsection (3) of this sec-tion. The landlord shall also attach a copy of thenotice in a secure manner to the main entrance ofthe dwelling unit. The notice to the tenant shall in-clude a copy of the official’s or agency’s notice andstate:

(A) That the premises, or a portion of the prem-ises, has been determined by an official or agency tobe unfit for use due to contamination from the man-ufacture of methamphetamine and that as a resultsubsections (1) to (22) and (24) to (27) of this sectiondo not apply to personal property left on any portionof the premises determined to be unfit for use;

(B) That the landlord has hired, or will hire, acontractor to assess the level of contamination ofthe site and to decontaminate the site;

(C) That upon hiring the contractor, the landlordwill provide to the tenant the name, address andtelephone number of the contractor; and

(D) That the tenant may contact the contractorto determine whether any of the tenant’s personalproperty may be removed from the premises or maybe decontaminated at the tenant’s expense and thenremoved.

(c) To the extent consistent with rules of theDepartment of Human Services, the contractor mayrelease personal property to the tenant.

(d) If the contractor and the department deter-mine that the premises or the tenant’s personalproperty is not unfit for use, upon notification by thedepartment of the determination, the landlord shallcomply with subsections (1) to (22) and (24) to (27)of this section for any personal property left on thepremises.

(e) Except as provided in paragraph (d) of thissubsection, the landlord is not responsible for stor-ing or returning any personal property left on theportion of the premises that is unfit for use.

(24) In the case of an abandoned recreationalvehicle, manufactured dwelling or floating home thatis owned by someone other than the tenant, theprovisions of this section regarding the rights andresponsibilities of a tenant to the abandoned vehicle,dwelling or home also apply to that owner, with re-gard only to the vehicle, dwelling or home, and notto any goods left inside or outside the vehicle,dwelling or home.

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(25) In the case of an abandoned motor vehicle,the procedure authorized by ORS 98.830 and 98.835for removal of abandoned motor vehicles from pri-vate property may be used by a landlord as an al-ternative to the procedures required in this section.

(26)(a) A landlord may sell or dispose of atenant’s abandoned personal property without com-plying with subsections (1) to (25) and (27) of thissection if, after termination of the tenancy or nomore than seven days prior to the termination of thetenancy, the following parties so agree in a writingentered 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 onlytenant, the personal representative, designated per-son or other person entitled to possession of thepersonal property, such as an heir or devisee, as de-scribed in subsection (20) or (21) of this section; and

(C) In the case of a manufactured dwelling,floating home or recreational vehicle, any owner andany lienholder.

(b) A landlord may not, as part of a rentalagreement, require a tenant, a personal represen-tative, a designated person or any lienholder orowner to waive any right provided by this section.

(27) Until personal property is conclusively pre-sumed to be abandoned under subsection (9) of thissection, a landlord does not have a lien pursuant toORS 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, thatcould reasonably be expected to be paid for personalproperty by an informed buyer to an informed seller,each acting without compulsion in an arm’s-lengthtransaction occurring on the assessment date for thetax year or on the date of a subsequent reappraisalby the county assessor.

(b) “Dispose of the personal property” meansthat, if reasonably appropriate, the landlord maythrow away the property or may give it withoutconsideration to a nonprofit organization or to aperson unrelated to the landlord. The landlord maynot retain the property for personal use or benefit.

(c) “Lienholder” means any lienholder of aban-doned personal property, if the lien is of record orthe 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 recordsof the Department of Consumer and Business Ser-vices pursuant to ORS 446.611 or on a certificate oftitle issued by the Department of Transportationprior to May 1, 2005.

(B) For a floating home, that a security interesthas been properly recorded with the State MarineBoard pursuant to ORS 830.740 to 830.755 for a homeregistered and titled with the board pursuant to ORS830.715.

(e) “Personal property” means only a manufac-tured dwelling or floating home located in a facilityand subject to ORS 90.505 to 90.840. “Personal prop-erty” does not include goods left inside a manufac-tured dwelling or floating home or left upon a rentedspace and subject to disposition under ORS 90.425.

(2) A landlord [may not] is responsible forabandoned personal property and shall store, sellor dispose of abandoned personal property [except]as provided by this section. This section governs therights and obligations of landlords, tenants and anylienholders in any personal property abandoned orleft upon the premises by the tenant or anylienholder in the following circumstances:

(a) The tenancy has ended by termination or ex-piration of a rental agreement or by relinquishmentor abandonment of the premises and the landlordreasonably believes under all the circumstances thatthe tenant has left the personal property upon thepremises with no intention of asserting any furtherclaim to the premises or to the personal property;

(b) The tenant has been absent from the premisescontinuously for seven days after termination of atenancy by a court order that has not been executed;or

(c) The landlord receives possession of the prem-ises from the sheriff following restitution pursuantto ORS 105.161.

(3) Prior to storing, selling or disposing of thetenant’s personal property under this section, thelandlord must give a written notice to the tenantthat 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 pro-

vided by the tenant or actually known to the land-lord.

(4)(a) A landlord shall also give a copy of thenotice 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 per-

sonal property is located.(b) The landlord shall give the notice copy re-

quired by this subsection by personal delivery orfirst class mail, except that for any lienholder, mailservice must be both by first class mail and by cer-tified mail with return receipt requested.

(c) A notice to lienholders under paragraph(a)(A) of this subsection must be sent to eachlienholder 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 propertysubject to the lien and that was sent to the landlordby certified mail with return receipt requestedwithin the preceding five years. The notice must

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identify the personal property by describing thephysical address of the property.

(5) The notice required under subsection (3) ofthis section must state that:

(a) The personal property left upon the premisesis considered abandoned;

(b) The tenant or any lienholder must contactthe landlord by a specified date, as provided in sub-section (6) of this section, to arrange for the removalof the abandoned personal property;

(c) The personal property is stored on the rentedspace;

(d) The tenant or any lienholder, except as pro-vided by subsection (18) of this section, may arrangefor removal of the personal property by contactingthe landlord at a described telephone number or ad-dress on or before the specified date;

(e) The landlord shall make the personal prop-erty available for removal by the tenant or anylienholder, except as provided by subsection (18) ofthis section, by appointment at reasonable times;

(f) If the personal property is considered to beabandoned pursuant to subsection (2)(a) or (b) of thissection, the landlord may require payment of storagecharges, as provided by subsection (7)(b) of this sec-tion, prior to releasing the personal property to thetenant or any lienholder;

(g) If the personal property is considered to beabandoned pursuant to subsection (2)(c) of this sec-tion, the landlord may not require payment of stor-age charges prior to releasing the personal property;

(h) If the tenant or any lienholder fails to con-tact the landlord by the specified date or fails to re-move the personal property within 30 days after thatcontact, the landlord may sell or dispose of the per-sonal property. If the landlord reasonably believesthe county assessor will determine that the currentmarket value of the personal property is $8,000 orless, and the landlord intends to dispose of theproperty if the property is not claimed, the noticeshall state that belief and intent; and

(i) If applicable, there is a lienholder that has aright to claim the personal property, except as pro-vided by subsection (18) of this section.

(6) For purposes of subsection (5) of this section,the specified date by which a tenant or lienholdermust contact a landlord to arrange for the disposi-tion of abandoned personal property must be not lessthan 45 days after personal delivery or mailing ofthe notice.

(7) After notifying the tenant as required bysubsection (3) of this section, the landlord:

(a) Shall store the abandoned personal propertyof the tenant on the rented space and shall exercisereasonable care for the personal property; and

(b) Is entitled to reasonable or actual storagecharges and costs incidental to storage or disposal.The storage charge may be no greater than themonthly space rent last payable by the tenant.

(8) If a tenant or lienholder, upon the receipt ofthe notice provided by subsection (3) or (4) of thissection or otherwise, responds by actual notice tothe landlord on or before the specified date in the

landlord’s notice that the tenant or lienholder in-tends to remove the personal property from thepremises, the landlord must make that personalproperty available for removal by the tenant orlienholder by appointment at reasonable times dur-ing the 30 days following the date of the response,subject to subsection (18) of this section. If the per-sonal property is considered to be abandoned pursu-ant to subsection (2)(a) or (b) of this section, but notpursuant to subsection (2)(c) of this section, thelandlord may require payment of storage charges, asprovided in subsection (7)(b) of this section, prior toallowing the tenant or lienholder to remove the per-sonal property. Acceptance by a landlord of suchpayment does not operate to create or reinstate atenancy or create a waiver pursuant to ORS 90.412or 90.417.

(9) Except as provided in subsections (18) to (20)of this section, if the tenant or lienholder does notrespond within the time provided by the landlord’snotice, or the tenant or lienholder does not removethe personal property within 30 days after respond-ing to the landlord or by any date agreed to with thelandlord, whichever is later, the personal property isconclusively presumed to be abandoned. The tenantand any lienholder that have been given notice pur-suant to subsection (3) or (4) of this section shall,except with regard to the distribution of sale pro-ceeds pursuant to subsection (13) of this section,have no further right, title or interest to the per-sonal property and may not claim or sell the prop-erty.

(10) If the personal property is presumed to beabandoned under subsection (9) of this section, thelandlord then may:

(a) Sell the personal property at a public or pri-vate sale, provided that prior to the sale:

(A) The landlord may seek to transfer ownershipof record of the personal property by complying withthe requirements of the appropriate state agency;and

(B) The landlord shall:(i) Place a notice in a newspaper of general cir-

culation in the county in which the personal prop-erty 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, reg-istration or other identification number for a float-ing home noted on the title, if actually known to thelandlord;

(IV) Whether the sale is by private bidding orpublic auction;

(V) Whether the landlord is accepting sealed bidsand, if so, the last date on which bids will be ac-cepted; and

(VI) The name and telephone number of the per-son to contact to inspect the personal property;

(ii) At a reasonable time prior to the sale, givea copy of the notice required by sub-subparagraph (i)of this subparagraph to the tenant and to anylienholder, by personal delivery or first class mail,

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except that for any lienholder, mail service must beby first class mail with certificate of mailing;

(iii) Obtain an affidavit of publication from thenewspaper to show that the notice required undersub-subparagraph (i) of this subparagraph ran in thenewspaper at least one day in each of two consec-utive weeks prior to the date scheduled for the saleor the last date bids will be accepted; and

(iv) Obtain written proof from the county thatall property taxes and assessments on the personalproperty have been paid or, if not paid, that thecounty has authorized the sale, with the sale pro-ceeds to be distributed pursuant to subsection (13)of this section; or

(b) Destroy or otherwise dispose of the personalproperty if the landlord determines from the countyassessor that the current market value of the prop-erty is $8,000 or less.

(11)(a) A public or private sale authorized by thissection must be conducted consistent with the termslisted in subsection (10)(a)(B)(i) of this section. Everyaspect of the sale including the method, manner,time, place and terms must be commercially reason-able.

(b) If there is no buyer at a sale described underparagraph (a) of this subsection, the personal prop-erty is considered to be worth $8,000 or less, re-gardless of current market value, and the landlordshall destroy or otherwise dispose of the personalproperty.

(12) Notwithstanding ORS 446.155 (1) and (2),unless a landlord intentionally misrepresents thecondition of personal property, the landlord is notliable for the condition of the personal property to:

(a) A buyer of the personal property at a salepursuant to subsection (10)(a) of this section, withor without consideration; or

(b) A person or nonprofit organization to whomthe landlord gives the personal property pursuant tosubsection (1)(b), (10)(b) or (11)(b) of this section.

(13)(a) The landlord may deduct from the pro-ceeds 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 para-

graph (a) of this subsection, the landlord shall remitthe remaining proceeds, if any, to the county taxcollector to the extent of any unpaid property taxesand assessments owed on the dwelling or home.

(c) After deducting the amounts listed in para-graphs (a) and (b) of this subsection, if applicable,the landlord shall remit the remaining proceeds, ifany, to any lienholder to the extent of any unpaidbalance owed on the lien on the personal property.

(d) After deducting the amounts listed in para-graphs (a), (b) and (c) of this subsection, if applica-ble, the landlord shall remit to the tenant theremaining proceeds, if any, together with an item-ized accounting.

(e) If the tenant cannot after due diligence befound, the landlord shall deposit the remaining pro-ceeds with the county treasurer of the county in

which the sale occurred. If not claimed within threeyears, the deposited proceeds revert to the generalfund of the county and are available for generalpurposes.

(14) The county tax collector shall cancel allunpaid property taxes and assessments as providedunder ORS 311.790 only under one of the followingcircumstances:

(a) The landlord disposes of the personal prop-erty after a determination described in subsection(10)(b) of this section.

(b) There is no buyer of the personal property ata sale described under subsection (11) of this section.

(c)(A) There is a buyer of the personal propertyat a sale described under subsection (11) of this sec-tion;

(B) The current market value of the personalproperty is $8,000 or less; and

(C) The proceeds of the sale are insufficient tosatisfy the unpaid property taxes and assessmentsowed on the personal property after distribution ofthe proceeds pursuant to subsection (13) of this sec-tion.

(d)(A) The landlord buys the personal propertyat a sale described under subsection (11) of this sec-tion;

(B) The current market value of the personalproperty is more than $8,000;

(C) The proceeds of the sale are insufficient tosatisfy the unpaid property taxes and assessmentsowed on the personal property after distribution ofthe proceeds pursuant to subsection (13) of this sec-tion; and

(D) The landlord disposes of the personal prop-erty.

(15) The landlord is not responsible for any lossto the tenant or lienholder resulting from storage ofpersonal property in compliance with this sectionunless the loss was caused by the landlord’s deliber-ate or negligent act. In the event of a deliberate andmalicious violation, the landlord is liable for twicethe actual damages sustained by the tenant orlienholder.

(16) Complete compliance in good faith with thissection shall constitute a complete defense in anyaction brought by a tenant or lienholder against alandlord for loss or damage to such personal prop-erty disposed of pursuant to this section.

(17) If a landlord does not comply with this sec-tion:

(a) The tenant is relieved of any liability fordamage to the premises caused by conduct that wasnot deliberate, intentional or grossly negligent andfor unpaid rent and may recover from the landlordup to twice the actual damages sustained by thetenant;

(b) A lienholder aggrieved by the noncompliancemay recover from the landlord the actual damagessustained by the lienholder. ORS 90.255 does notauthorize an award of attorney fees to the prevailingparty in any action arising under this paragraph;and

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(c) A county tax collector aggrieved by the non-compliance may recover from the landlord the actualdamages sustained by the tax collector, if the non-compliance is part of an effort by the landlord todefraud the tax collector. ORS 90.255 does not au-thorize an award of attorney fees to the prevailingparty in any action arising under this paragraph.

(18) The provisions of this section regarding therights and responsibilities of a tenant to the aban-doned personal property also apply to any lienholder,except that the lienholder may not sell or removethe dwelling or home unless:

(a) The lienholder has foreclosed the lien on themanufactured dwelling or floating home;

(b) The tenant or a personal representative ordesignated person described in subsection (20) of thissection has waived all rights under this section pur-suant to subsection (22) of this section; or

(c) The notice and response periods provided bysubsections (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 timelyresponse to a notice of abandoned personal propertypursuant to subsections (6) and (8) of this sectionand so requests, a landlord shall enter into a writtenstorage agreement with the lienholder providing thatthe personal property may not be sold or disposedof by the landlord for up to 12 months. A storageagreement entitles the lienholder to store the per-sonal property on the previously rented space duringthe term of the agreement, but does not entitle any-one to occupy the personal property.

(b) The lienholder’s right to a storage agreementarises upon the failure of the tenant or, in the caseof a deceased tenant, the personal representative,designated person, heir or devisee to remove or sellthe dwelling or home within the allotted time.

(c) To exercise the right to a storage agreementunder this subsection, in addition to contacting thelandlord with a timely response as described in par-agraph (a) of this subsection, the lienholder mustenter into the proposed storage agreement within 60days after the landlord gives a copy of the agreementto the lienholder. The landlord shall give a copy ofthe proposed storage agreement to the lienholder inthe same manner as provided by subsection (4)(b) ofthis section. The landlord may include a copy of theproposed storage agreement with the notice of aban-doned property required by subsection (4) of thissection. A lienholder enters into a storage agree-ment by signing a copy of the agreement providedby the landlord and personally delivering or mailingthe signed copy to the landlord within the 60-dayperiod.

(d) The storage agreement may require, in addi-tion to other provisions agreed to by the landlordand the lienholder, that:

(A) The lienholder make timely periodic paymentof all storage charges, as described in subsection(7)(b) of this section, accruing from the commence-ment of the 45-day period described in subsection (6)of this section. A storage charge may include a util-ity or service charge, as described in ORS 90.532, if

limited to charges for electricity, water, sewer ser-vice and natural gas and if incidental to the storageof personal property. A storage charge may not bedue more frequently than monthly;

(B) The lienholder pay a late charge or fee forfailure to pay a storage charge by the date requiredin the agreement, if the amount of the late chargeis no greater than for late charges imposed on facil-ity tenants;

(C) The lienholder maintain the personal prop-erty and the space on which the personal propertyis stored in a manner consistent with the rights andobligations described in the rental agreement thatthe landlord currently provides to tenants as re-quired by ORS 90.510 (4); and

(D) The lienholder repair any defects in thephysical condition of the personal property that ex-isted prior to the lienholder entering into the stor-age agreement, if the defects and necessary repairsare reasonably described in the storage agreementand, for homes that were first placed on the spacewithin the previous 24 months, the repairs are rea-sonably consistent with facility standards in effectat the time of placement. The lienholder shall have90 days after entering into the storage agreement tomake the repairs. Failure to make the repairs withinthe allotted time constitutes a violation of the stor-age agreement and the landlord may terminate theagreement by giving at least 14 days’ written noticeto the lienholder stating facts sufficient to notify thelienholder of the reason for termination. Unless thelienholder corrects the violation within the noticeperiod, the agreement terminates as provided andthe landlord may sell or dispose of the propertywithout further notice to the lienholder.

(e) Notwithstanding subsection (7)(b) of this sec-tion, a landlord may increase the storage charge ifthe increase is part of a facility-wide rent increasefor all facility tenants, the increase is no greaterthan the increase for other tenants and the landlordgives the lienholder written notice consistent withthe requirements of ORS 90.600 (1).

(f) During the term of an agreement describedunder this subsection, the lienholder has the rightto remove or sell the property, subject to the pro-visions of the lien. Selling the property includes asale to a purchaser who wishes to leave the propertyon the rented space and become a tenant, subject tothe provisions of ORS 90.680. The landlord may con-dition approval for occupancy of any purchaser ofthe property upon payment of all unpaid storagecharges and maintenance costs.

(g)(A) Except as provided in paragraph (d)(D) ofthis subsection, if the lienholder violates the storageagreement, the landlord may terminate the agree-ment by giving at least 90 days’ written notice to thelienholder stating facts sufficient to notify thelienholder of the reason for the termination. Unlessthe lienholder corrects the violation within the no-tice period, the agreement terminates as providedand the landlord may sell or dispose of the propertywithout further notice to the lienholder.

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(B) After a landlord gives a termination noticepursuant to subparagraph (A) of this paragraph forfailure of the lienholder to pay a storage charge andthe lienholder corrects the violation, if thelienholder again violates the storage agreement byfailing to pay a subsequent storage charge, thelandlord may terminate the agreement by giving atleast 30 days’ written notice to the lienholder statingfacts sufficient to notify the lienholder of the reasonfor termination. Unless the lienholder corrects theviolation within the notice period, the agreementterminates as provided and the landlord may sell ordispose of the property without further notice to thelienholder.

(C) A lienholder may terminate a storage agree-ment at any time upon at least 14 days’ written no-tice to the landlord and may remove the propertyfrom the facility if the lienholder has paid all stor-age charges and other charges as provided in theagreement.

(h) Upon the failure of a lienholder to enter intoa storage agreement as provided by this subsectionor upon termination of an agreement, unless theparties otherwise agree or the lienholder has sold orremoved the property, the landlord may sell or dis-pose of the property pursuant to this section withoutfurther notice to the lienholder.

(20) If the personal property is considered aban-doned as a result of the death of a tenant who wasthe only tenant, this section applies, except as fol-lows:

(a) The provisions of this section regarding therights and responsibilities of a tenant to the aban-doned personal property shall apply to any personalrepresentative named in a will or appointed by acourt to act for the deceased tenant or any persondesignated in writing by the tenant to be contactedby the landlord in the event of the tenant’s death.


(A) Sent by first class mail to the deceased ten-ant at the premises; and

(B) Personally delivered or sent by first classmail to any personal representative or designatedperson if actually known to the landlord.

(c) The notice described in subsection (5) of thissection must refer to any personal representative ordesignated person, instead of the deceased tenant,and must incorporate the provisions of this subsec-tion.

(d) If a personal representative, designated per-son or other person entitled to possession of theproperty, such as an heir or devisee, responds byactual notice to a landlord within the 45-day periodprovided by subsection (6) of this section and so re-quests, the landlord shall enter into a written stor-age agreement with the representative or personproviding that the personal property may not be soldor disposed of by the landlord for up to 90 days oruntil conclusion of any probate proceedings, which-ever is later. A storage agreement entitles the rep-resentative or person to store the personal propertyon the previously rented space during the term of

the agreement, but does not entitle anyone to occupythe personal property. If such an agreement is en-tered, the landlord may not enter a similar agree-ment with a lienholder pursuant to subsection (19)of this section until the agreement with the personalrepresentative or designated person ends.

(e) If a personal representative or other personrequests that a landlord enter into a storage agree-ment, subsection (19)(c) to (e) and (g)(C) of this sec-tion applies, with the representative or personhaving the rights and responsibilities of a lienholderwith regard to the storage agreement.

(f) During the term of an agreement describedunder paragraph (d) of this subsection, the represen-tative or person has the right to remove or sell theproperty, including a sale to a purchaser or a trans-fer to an heir or devisee where the purchaser, heiror devisee wishes to leave the property on the rentedspace and become a tenant, subject to the provisionsof ORS 90.680. The landlord also may condition ap-proval for occupancy of any purchaser, heir ordevisee of the property upon payment of all unpaidstorage charges and maintenance costs.

(g) If the representative or person violates thestorage agreement, the landlord may terminate theagreement by giving at least 30 days’ written noticeto the representative or person stating facts suffi-cient to notify the representative or person of thereason for the termination. Unless the represen-tative or person corrects the violation within thenotice period, the agreement terminates as providedand the landlord may sell or dispose of the propertywithout further notice to the representative or per-son.

(h) Upon the failure of a representative or per-son to enter into a storage agreement as providedby this subsection or upon termination of an agree-ment, unless the parties otherwise agree or the rep-resentative or person has sold or removed theproperty, the landlord may sell or dispose of theproperty pursuant to this section without furthernotice to the representative or person.

(21) If a governmental agency determines thatthe condition of personal property abandoned underthis section constitutes an extreme health or safetyhazard under state or local law and the agency de-termines that the hazard endangers others in thefacility and requires quick removal of the property,the landlord may sell or dispose of the propertypursuant to this subsection. The landlord shall com-ply with all provisions of this section, except as fol-lows:

(a) The date provided in subsection (6) of thissection by which a tenant, lienholder, personal rep-resentative or designated person must contact alandlord to arrange for the disposition of the prop-erty must be not less than 15 days after personaldelivery or mailing of the notice required by subsec-tion (3) of this section.

(b) The date provided in subsections (8) and (9)of this section by which a tenant, lienholder, per-sonal representative or designated person must re-move the property must be not less than seven days

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after the tenant, lienholder, personal representativeor designated person contacts the landlord.

(c) The notice required by subsection (3) of thissection must be as provided in subsection (5) of thissection, except that:

(A) The dates and deadlines in the notice forcontacting the landlord and removing the propertymust be consistent with this subsection;

(B) The notice must state that a governmentalagency has determined that the property constitutesan extreme health or safety hazard and must be re-moved quickly; and

(C) The landlord shall attach a copy of theagency’s determination to the notice.

(d) If the tenant, a lienholder or a personal rep-resentative or designated person does not removethe property within the time allowed, the landlordor a buyer at a sale by the landlord under subsection(11) of this section shall promptly remove the prop-erty from the facility.

(e) A landlord is not required to enter into astorage agreement with a lienholder, personal repre-sentative or designated person pursuant to subsec-tion (19) of this section.

(22)(a) A landlord may sell or dispose of atenant’s abandoned personal property without com-plying with the provisions of this section if, aftertermination of the tenancy or no more than sevendays prior to the termination of the tenancy, thefollowing parties so agree in a writing entered intoin good faith:

(A) The landlord;(B) The tenant, or for an abandonment as the

result of the death of a tenant who was the onlytenant, the personal representative, designated per-son or other person entitled to possession of thepersonal property, such as an heir or devisee, as de-scribed 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 ofproperty on rented space under ORS 90.680 or in anyother manner, require a tenant, a personal repre-sentative, a designated person or any lienholder towaive any right provided by this section.

(23) Until personal property is conclusively pre-sumed to be abandoned under subsection (9) of thissection, a landlord does not have a lien pursuant toORS 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 con-

text otherwise requires:(1) “Accessory building or structure” means any

portable, demountable or permanent structure, in-cluding but not limited to cabanas, ramadas, storagesheds, garages, awnings, carports, decks, steps,ramps, piers and pilings, that is:

(a) Owned and used solely by a tenant of a man-ufactured dwelling or floating home; or

(b) Provided pursuant to a written rental agree-ment for the sole use of and maintenance by a ten-ant of a manufactured dwelling or floating home.

(2) “Action” includes recoupment, counterclaim,setoff, suit in equity and any other proceeding inwhich rights are determined, including an action forpossession.

(3) “Applicant screening charge” means anypayment of money required by a landlord of an ap-plicant prior to entering into a rental agreementwith that applicant for a residential dwelling unit,the purpose of which is to pay the cost of processingan application for a rental agreement for a residen-tial dwelling unit.

(4) “Building and housing codes” includes anylaw, ordinance or governmental regulation concern-ing fitness for habitation, or the construction, main-tenance, operation, occupancy, use or appearance ofany premises or dwelling unit.

(5) “Carbon monoxide alarm” has the meaninggiven that term in ORS 105.836.

(6) “Carbon monoxide source” has the meaninggiven that term in ORS 105.836.

(7) “Conduct” means the commission of an actor the failure to act.

(8) “Dealer” means any person in the businessof selling, leasing or distributing new or used manu-factured dwellings or floating homes to persons whopurchase or lease a manufactured dwelling or float-ing 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, residenceor sleeping place by one person who maintains ahousehold or by two or more persons who maintaina common household. “Dwelling unit” regarding aperson who rents a space for a manufactured dwell-ing or recreational vehicle or regarding a personwho rents moorage space for a floating home as de-fined in ORS 830.700, but does not rent the home,means the space rented and not the manufactureddwelling, 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 rec-reational vehicle owned by the tenant and not oth-erwise subject to ORS 90.505 to 90.840:

(A) Heat, plumbing, hot and cold running water,gas, electricity, light fixtures, locks for exteriordoors, latches for windows and any cooking appli-ance or refrigerator supplied or required to be sup-plied by the landlord; and

(B) Any other service or habitability obligationimposed by the rental agreement or ORS 90.320, thelack or violation of which creates a serious threatto the tenant’s health, safety or property or makesthe dwelling unit unfit for occupancy.

(b) For a tenancy consisting of rental space fora manufactured dwelling, floating home or recre-

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ational vehicle owned by the tenant or that is oth-erwise subject to ORS 90.505 to 90.840:

(A) Sewage disposal, water supply, electricalsupply and, if required by applicable law, any drain-age system; and

(B) Any other service or habitability obligationimposed by the rental agreement or ORS 90.730, thelack or violation of which creates a serious threatto the tenant’s health, safety or property or makesthe rented space unfit for occupancy.

(13) “Facility” means a manufactured dwellingpark or a marina.

(14) “Facility purchase association” means agroup of three or more tenants who reside in a fa-cility and have organized for the purpose of eventualpurchase of the facility.

(15) “Fee” means a nonrefundable payment ofmoney.

(16) “First class mail” does not include certifiedor registered mail, or any other form of mail thatmay delay or hinder actual delivery of mail to therecipient.

(17) “Fixed term tenancy” means a tenancy thathas a fixed term of existence, continuing to a spe-cific ending date and terminating on that date with-out requiring further notice to effect thetermination.

(18) “Floating home” has the meaning given thatterm in ORS 830.700. “Floating home” includes anaccessory building or structure.

(19) “Good faith” means honesty in fact in theconduct of the transaction concerned.

(20) “Hotel or motel” means “hotel” as that termis defined in ORS 699.005.

(21) “Informal dispute resolution” means, but isnot limited to, consultation between the landlord orlandlord’s agent and one or more tenants, or medi-ation utilizing the services of a third party.

(22) “Landlord” means the owner, lessor or sub-lessor of the dwelling unit or the building or prem-ises of which it is a part. “Landlord” includes aperson who is authorized by the owner, lessor orsublessor to manage the premises or to enter into arental agreement.

(23) “Landlord’s agent” means a person who hasoral 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 ofsecurity deposit, however designated, the primaryfunction of which is to secure the payment of rentfor the last month of the tenancy.

(25) “Manufactured dwelling” means a residen-tial trailer, a mobile home or a manufactured homeas those terms are defined in ORS 446.003. “Manu-factured dwelling” includes an accessory building orstructure. “Manufactured dwelling” does not includea recreational vehicle.

(26) “Manufactured dwelling park” means aplace where four or more manufactured dwellingsare located, the primary purpose of which is to rentspace or keep space for rent to any person for acharge or fee.

(27) “Marina” means a moorage of contiguousdwelling units that may be legally transferred as asingle unit and are owned by one person where fouror more floating homes are secured, the primarypurpose of which is to rent space or keep space forrent to any person for a charge or fee.

(28) “Month-to-month tenancy” means a tenancythat automatically renews and continues for succes-sive monthly periods on the same terms and condi-tions originally agreed to, or as revised by theparties, until terminated by one or both of the par-ties.

(29) “Organization” includes a corporation, gov-ernment, governmental subdivision or agency, busi-ness trust, estate, trust, partnership or association,two or more persons having a joint or common in-terest, and any other legal or commercial entity.

(30) “Owner” includes a mortgagee in possessionand 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 organiza-

tion.(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 ispromised to the tenant; and

(c) A facility for manufactured dwellings orfloating homes.

(33) “Prepaid rent” means any payment of moneyto the landlord for a rent obligation not yet due. Inaddition, “prepaid rent” means rent paid for a periodextending beyond a termination date.

(34) “Recreational vehicle” has the meaninggiven that term in ORS 446.003.

(35) “Rent” means any payment to be made tothe landlord under the rental agreement, periodic orotherwise, in exchange for the right of a tenant andany permitted pet to occupy a dwelling unit to theexclusion of others and to use the premises.“Rent” does not include security deposits, fees orutility 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 regulationsadopted under ORS 90.262 or 90.510 (6) embodyingthe terms and conditions concerning the use andoccupancy of a dwelling unit and premises. “Rentalagreement” includes a lease. A rental agreementshall be either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.

(37) “Roomer” means a person occupying adwelling unit that does not include a toilet and ei-ther a bathtub or a shower and a refrigerator, stoveand kitchen, all provided by the landlord, and whereone or more of these facilities are used in commonby occupants in the structure.

(38) “Screening or admission criteria” means awritten statement of any factors a landlord considers

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in deciding whether to accept or reject an applicantand any qualifications required for acceptance.“Screening or admission criteria” includes, but isnot limited to, the rental history, character refer-ences, public records, criminal records, credit re-ports, credit references and incomes or resources ofthe applicant.

(39) “Security deposit” means a refundable pay-ment or deposit of money, however designated, theprimary function of which is to secure the perform-ance of a rental agreement or any part of a rentalagreement. “Security deposit” does not include a fee.

(40) “Sexual assault” has the meaning given thatterm in ORS 147.450.

(41) “Squatter” means a person occupying adwelling unit who is not so entitled under a rentalagreement or who is not authorized by the tenant tooccupy that dwelling unit. “Squatter” does not in-clude a tenant who holds over as described in ORS90.427 (7).

(42) “Stalking” means the behavior described inORS 163.732.

(43) “Statement of policy” means the summaryexplanation of information and facility policies to beprovided to prospective and existing tenants underORS 90.510.

(44) “Surrender” means an agreement, expressor implied, as described in ORS 90.148 between alandlord and tenant to terminate a rental agreementthat gave the tenant the right to occupy a dwellingunit.

(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 unitto the exclusion of others, including a dwelling unitowned, operated or controlled by a public housingauthority.

(B) Means a minor, as defined and provided forin ORS 109.697.

(b) For purposes of ORS 90.505 to 90.840, meansonly a person who owns and occupies as a residencea manufactured dwelling or a floating home in a fa-cility and persons residing with that tenant underthe terms of the rental agreement.

(c) Does not mean a guest or temporary occu-pant.

(46) “Transient lodging” means a room or a suiteof rooms.

(47) “Transient occupancy” means occupancy intransient lodging that has all of the following char-acteristics:

(a) Occupancy is charged on a daily basis and isnot collected more than six days in advance;

(b) The lodging operator provides maid and linenservice daily or every two days as part of the regu-larly charged cost of occupancy; and

(c) The period of occupancy does not exceed 30days.

(48) “Vacation occupancy” means occupancy ina dwelling unit, not including transient occupancy

in a hotel or motel, that has all of the followingcharacteristics:

(a) The occupant rents the unit for vacationpurposes only, not as a principal residence;

(b) The occupant has a principal residence otherthan at the unit; and

(c) The period of authorized occupancy does notexceed 45 days.

(49) “Victim” means:(a) The person against whom an incident related

to domestic violence, sexual assault or stalking isperpetrated; or

(b) The parent or guardian of a minor householdmember against whom an incident related to domes-tic violence, sexual assault or stalking is perpe-trated, unless the parent or guardian is theperpetrator.

(50) “Week-to-week tenancy” means a tenancythat has all of the following characteristics:

(a) Occupancy is charged on a weekly basis andis payable no less frequently than every seven days;

(b) There is a written rental agreement that de-fines the landlord’s and the tenant’s rights and re-sponsibilities under this chapter; and

(c) There are no fees or security deposits, al-though the landlord may require the payment of anapplicant screening charge, as provided in ORS90.295.

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 StatesHousing Act of 1937 (42 U.S.C. 1437f).

(2) Except as provided in subsection (3) of thissection, an action for the recovery of the possessionof the premises may be maintained in cases providedin ORS 105.115 (1)(b), when the notice to terminatethe tenancy or to quit has been served upon thetenant or person in possession in the manner pre-scribed by ORS 91.110 and for the period prescribedby ORS 91.060 to 91.080 before the commencementof the action, unless the leasing or occupation is forthe purpose of farming or agriculture, in which casethe notice must be served for a period of 90 daysbefore the commencement of the action. Any personentering into the possession of real estate underwritten lease as the tenant of another may, by theterms of the lease, waive the giving of any noticerequired by this subsection.

(3) An action for the recovery of the possessionof a dwelling unit to which ORS chapter 90 appliesmay be maintained in situations described in ORS105.115 (2) when the notice to terminate the tenancyor to quit has been served by the tenant upon thelandlord or by the landlord upon the tenant or per-son in possession in the manner prescribed by ORS90.155.

(4) Except when a tenancy involves a dwellingunit subject to ORS chapter 90, the service of a no-tice to quit upon a tenant or person in possessiondoes not authorize an action to be maintainedagainst the tenant or person in possession for thepossession of premises before the expiration of any

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period for which the tenant or person has paid therent of the premises in advance.

(5) An action to recover possession of a dwellingunit subject to ORS chapter 90 may not be broughtor filed against a tenant or person in possessionbased upon a notice under ORS 90.427 to terminatethe tenancy until after the expiration of any periodfor which the tenant or person has paid the rent ofthe dwelling unit in advance, unless:

(a) The only other money paid by the tenant wascollected as a last month’s rent deposit as providedunder ORS 90.300; or

(b) The only unused rent was paid by the tenantfor a rental period extending beyond the terminationdate specified in a valid outstanding notice to ter-minate the tenancy and the landlord refunded theunused rent within [six] 10 days after receipt by de-livering the unused rent to the tenant in person orby first class mailing.

Approved by the Governor June 4, 2013Filed in the office of Secretary of State June 4, 2013Effective date January 1, 2014

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