Oregon Landlord Tenant Law - Click here to return to US Landlord

CHAPTER 55


Small Claims

55.011 Small claims department; jurisdiction
55.020 Commencement of action
55.030 Contents of claim
55.040 Verification and prosecution of claim
55.045 Notice of claim; content; service
55.055 Explanation to plaintiff of how notice may be served
55.065 Admission or denial of claim; request for jury trial
55.075 Time and place of hearing; procedure if right to jury trial asserted; fees
55.077 Additional time for appearances; default and dismissal
55.080 Formal pleadings unnecessary; issuance of attachment, garnishment or execution; costs
of execution taxable
55.090 Right of attorneys or persons not a party to appear; witnesses; disposition of
controversy; appearance by attorney not required for certain parties
55.095 Counterclaim; procedure; fee; transfer of jurisdiction
55.100 Payment of judgment
55.110 Conclusiveness of judgment; appeal; costs and fees on appeal
55.120 Form of appeal; bond; proceedings in appellate court; nofurther appeal
55.130 Enforcement of judgment when no appeal is taken; fees
55.140 Separate docket for small claims department
______________________________________________________________________
______________________________________________________________________

CROSS-REFERENCES
Residential Landlord and Tenant Act, tenant counterclaims not to exceed jurisdictional limits of
court, 90.370
Small claims department of district court, 46.405
Waiver of fees and costs for indigents, 21.605

55.120
Deposit in lieu of bail or bond, Ch. 22
______________________________________________________________________
______________________________________________________________________

55.011 Small claims department; jurisdiction. (1) In each justice
court created under any law of this state there shall be a department
to be known as the Small Claims Department of the Justice Court.
(2) All actions in the justice court for the recovery of money or
damages only, excepting class actions and actions providing for
statutory attorney fees, where the amount claimed does not exceed
$200, shall be commenced and prosecuted only in the small claims
department. Where the amount claimed does not exceed $2,500, such
actions may be commenced and prosecuted in the small claims department
subject to the provisions of ORS 55.065 (2)(c).
(3) Jurisdiction of the person of the defendant in an action
commenced in the small claims department shall be deemed acquired as
of the time of service of the notice and claim.

(4) Except as provided in ORS 55.065 (2)(c), the provisions of ORS
55.020 to 55.140 shall apply with regard to proceedings in the small
claims department of any justice court.
<1963 c.404 s2 (enacted in lieu of 55.010); 1965 c.569 s2; 1973 c.625
s3; 1973 c.812 s7; 1975 c.346 s2a; 1975 c.592 s 2; 1983 c.673 s6; 1985
c.367 s3; 1987 c.725 s3; 1989 c.583 s1>
Note: The amendments to 55.011 by section 4, chapter 227, Oregon
Laws 1995, become effective only if the Oregon Constitution is amended
by a vote of the people in the manner proposed by House Joint
Resolution 47 (1995). The amendments become effective on the effective
date of House Joint Resolution 47 (1995). See section 5, chapter 227,
Oregon Laws 1995. The text of the proposed amendment is set forth for
the user's convenience.
55.011. (1) In each justice court created under any law of this
state there shall be a department to be known as the Small Claims
Department of the Justice Court.
(2) All actions in the justice court for the recovery of money or
damages only, excepting class actions and actions providing for
statutory attorney fees, where the amount claimed does not exceed
$750, shall be commenced and prosecuted only in the small claims
department. Where the amount claimed does not exceed $2,500, such
actions may be commenced and prosecuted in the small claims department
subject to the provisions of ORS 55.065 (2)(c).
(3) Jurisdiction of the person of the defendant in an action
commenced in the small claims department shall be deemed acquired as
of the time of service of the notice and claim.
(4) Except as provided in ORS 55.065 (2)(c), the provisions of ORS
55.020 to 55.140 shall apply with regard to proceedings in the small
claims department of any justice court.

55.020 Commencement of action. An action in the small claims
department shall be commenced by the plaintiff appearing in person or
by agent or assignee before the court and filing a verified claim in
the form prescribed by the justice of the peace along with the fee
prescribed by ORS 51.310 (1)(c).


55.030 Contents of claim. The claim shall contain the name and
address of the plaintiff and of the defendant, followed by a plain and
simple statement of the claim, including the amount and date the claim
allegedly accrued. The claim shall include an affidavit signed by the
plaintiff and stating that the plaintiff made a bona fide effort to
collect the claim from the defendant before filing the claim with the
justice court.


55.040 Verification and prosecution of claim. All claims shall be
verified by the real party in interest, the agent or assignee of the
party. Any claim may be filed and prosecuted in the small claims
department by such agent or the assignee of the cause of action upon
which recovery is sought.

55.045 Notice of claim; content; service. (1) Upon the filing of a
claim, the court shall issue a notice in the form prescribed by the
court.
(2) The notice shall be directed to the defendant, naming the
defendant, and shall contain a copy of the claim.
(3) If the amount or value claimed is $50 or more, the notice and
claim shall be served upon the defendant in the manner provided for
the service of summons and complaint in proceedings in the circuit
courts.
(4) If the amount or value claimed is less than $50, the notice and
claim shall be served upon the defendant either in the manner provided
for the service of summons and complaint in proceedings in the circuit
courts or by certified mail, at the option of the plaintiff. If
service by certified mail is attempted, the court shall mail the
notice and claim by certified mail addressed to the defendant at the
last-known mailing address of the defendant within the territorial
jurisdiction of the court. The envelope shall be marked with the
words "Deliver to Addressee Only" and "Return Receipt Requested." The
date of delivery appearing on the return receipt shall be prima facie
evidence of the date on which the notice and claim was served upon the
defendant. If service by certified mail is not successfully
accomplished, the notice and claim shall be served in the manner
provided for the service of summons and complaint in proceedings in
the circuit courts.
(5) The notice shall include a statement in substantially the
following form:
______________________________________________________________________
NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY!
Within 14 DAYS after receiving this notice you MUST do ONE of the
following things:
Pay the claim plus fees and service expenses paid by plaintiff OR
Demand a hearing OR
Demand a jury trial
If you fail to do one of the above things within 14 DAYS after
receiving this notice, then upon written request from the plaintiff,
the court will enter a judgment against you for the amount claimed
plus fees and service expenses paid by the plaintiff.
If you have questions about this notice, you should contact the
court immediately.
______________________________________________________________________
<1989 c.583 s5>

55.055 Explanation to plaintiff of how notice may be served. The
justice of the peace shall provide to each plaintiff who files a claim
with the small claims department of the court of the justice of the
peace a written explanation of how notice may be served in actions in
the department.
<1977 c.875 s21>

55.065 Admission or denial of claim; request for jury trial. Within
14 days after the date of service of the notice and claim upon the
defendant as provided in ORS 55.045:
(1) If the defendant admits the claim, the defendant may settle it
by:
(a) Paying to the court the amount of the claim plus the amount of
the small claims fee and service expenses paid by the plaintiff. The
court shall pay to the plaintiff the amounts paid by the defendant.
(b) If the claim is for recovery of specific personal property,
delivering the property to the plaintiff and paying to the plaintiff
the amount of the small claims fee and service expenses paid by the
plaintiff.
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a written
request to the court in the form prescribed by the court, accompanied
by payment of the defendant's fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the form
provided by the court; or
(c) If the amount or value claimed exceeds $200, has a
constitutional right to a jury trial and may claim that right in a
written request to the court in the form prescribed by the court,
accompanied by payment of the appearance fee prescribed by ORS 51.310
(1)(b) together with the trial fee prescribed by ORS 52.410. The
request shall designate a mailing address to which a summons and copy
of the complaint may be served by mail. Thereafter, the plaintiff's
claim will not be limited to the amount stated in the claim, though it
must involve the same controversy.
<1989 c.583 s6>
Note: The amendments to 55.065 by section 3, chapter 227, Oregon
Laws 1995, become effective only if the Oregon Constitution is amended
by a vote of the people in the manner proposed by House Joint
Resolution 47 (1995). The amendments become effective on the effective
date of House Joint Resolution 47 (1995). See section 5, chapter 227,
Oregon Laws 1995. The text of the proposed amendment is set forth for
the user's convenience.
55.065. Within 14 days after the date of service of the notice and
claim upon the defendant as provided in ORS 55.045:
(1) If the defendant admits the claim, the defendant may settle it
by:
(a) Paying to the court the amount of the claim plus the amount of
the small claims fee and service expenses paid by the plaintiff. The
court shall pay to the plaintiff the amounts paid by the defendant.
(b) If the claim is for recovery of specific personal property,
delivering the property to the plaintiff and paying to the plaintiff
the amount of the small claims fee and service expenses paid by the
plaintiff.
(2) If the defendant denies the claim, the defendant:
(a) May demand a hearing in the small claims department in a
written request to the court in the form prescribed by the court,
accompanied by payment of the defendant's fee prescribed; and
(b) When demanding a hearing, may assert a counterclaim in the
form provided by the court; or
(c) If the amount or value claimed exceeds $750, may demand a jury
trial in a written request to the court in the form prescribed by the
court, accompanied by payment of the appearance fee prescribed by ORS
51.310 (1)(b) together with the trial fee prescribed by ORS 52.410.
The request shall designate a mailing address to which a summons and
copy of the complaint may be served by mail. Thereafter, the
plaintiff's claim will not be limited to the amount stated in the
claim, though it must involve the same controversy.

55.075 Time and place of hearing; procedure if right to jury trial
asserted; fees. (1) If the defendant demands a hearing in the small
claims department of the court, the court shall fix a day and time for
the hearing and shall mail to the parties a notice of the hearing time
in the form prescribed by the court, instructing them to bring
witnesses, documents and other evidence pertinent to the controversy.
(2) If the defendant asserts a counterclaim, the notice of the
hearing time shall contain a copy of the counterclaim.
(3) If the defendant claims the right to a jury trial, the court
shall notify the plaintiff to file a formal complaint within 20 days
following the mailing of such notice. The notice shall instruct the
plaintiff to serve a summons and copy of the complaint by mail on the
defendant at the designated address of the defendant. Proof of service
of the summons and complaint copy may be made by certificate of the
plaintiff or plaintiff's attorney attached to the complaint prior to
its filing. The plaintiff's claim in such formal complaint is not
limited to the amount stated in the claim filed in the small claims
department but it must involve the same controversy. The defendant
shall have 10 days in which to move, plead or otherwise appear
following the day on which the summons and copy of the complaint would
be delivered to the defendant in due course of mail. Thereafter, the
cause shall proceed as other causes in the justice court, and costs
and disbursements shall be allowed and taxed and fees not previously
paid shall be charged and collected as provided in ORS 51.310 and
52.410 for other cases tried in justice court, except that the
appearance fee for plaintiff shall be an amount equal to the
difference between the fee paid by the plaintiff as required by ORS
51.310 (1)(c) and the fee required of a plaintiff by ORS 51.310
(1)(a).
<1989 c.583 s8>

55.077 Additional time for appearances; default and dismissal. (1)
Upon written request, the court may extend to the parties additional
time within which to make formal appearances required in the small
claims department.
(2) If the defendant fails to pay the claim, demand a hearing or
demand a jury trial, upon written request from the plaintiff, the
court shall enter a judgment against the defendant for the relief
claimed plus the amount of the small claims fee and service expenses
paid by the plaintiff.
(3) If the plaintiff fails within the time provided to file a formal
complaint pursuant to ORS 55.075 (3), the court shall:
(a) Dismiss the case without prejudice; and
(b) If the defendant applies therefor in writing to the court not
later than 30 days after the expiration of the time provided for the
plaintiff to file a formal complaint, refund to the defendant the
amount of the jury trial fee paid by the defendant under ORS 55.065
(2)(c).
(4) If the defendant appears at the time set for hearing but no
appearance is made by the plaintiff, the claim shall be dismissed with
prejudice. If neither party appears, the claim shall be dismissed
without prejudice.
(5) Upon good cause shown within 60 days, the court may set aside a
default judgment or dismissal and reset the claim for hearing.
<1989 c.583 s9>

55.080 Formal pleadings unnecessary; issuance of attachment,
garnishment or execution; costs of execution taxable. No formal
pleading, other than the claim and notice, shall be necessary. The
hearing and disposition of all actions shall be informal, the sole
object being to dispense justice between the litigants promptly. No
attachment, garnishment or execution shall issue from the small claims
department on any claim except as provided in this chapter. A
prevailing party's costs in securing and service of such execution
shall be taxed against the other party and recoverable as part of the
judgment.


55.090 Right of attorneys or persons not a party to appear;
witnesses; disposition of controversy; appearance by attorney not
required for certain parties. (1) Except as may otherwise be provided
by ORS 55.040, no attorney at law nor any person other than the
plaintiff and defendant shall become involved in or in any manner
interfere with the prosecution or defense of the litigation in the
department without the consent of the justice of the justice court,
nor shall it be necessary to summon witnesses. But the plaintiff and
defendant may offer evidence in their behalf by witnesses appearing at
the hearing, and the justice may informally consult witnesses or
otherwise investigate the controversy and give judgment or make such
orders as the justice deems right, just and equitable for the
disposition of the controversy.
(2) Notwithstanding ORS 9.320, a corporation, state or any city,
county, district or other political subdivision or public corporation
in this state may appear as a party to any action in the department
without appearance by attorney.
(3) In any small claims hearing provided for under ORS 742.520, an
expert witness may appear by affidavit and medical records may be
submitted directly to the court.


55.095 Counterclaim; procedure; fee; transfer of jurisdiction. (1)
The defendant in an action in the small claims department may assert
as a counterclaim any claim that, on the date of issuance of notice
pursuant to ORS 55.045, the defendant may have against the plaintiff
and that arises out of the same transaction or occurrence that is the
subject matter of the claim filed by the plaintiff.
(2) If the amount of the counterclaim asserted by the defendant
exceeds $2,500, the justice of the peace shall strike the counterclaim
and proceed to hear and dispose of the case as though the counterclaim
had not been asserted unless the defendant files with the counterclaim
a motion requesting that the case be transferred from the small claims
department to a court of appropriate jurisdiction and an amount to pay
the costs of the transfer. After the transfer the plaintiff's claim
will not be limited to the amount stated in the claim filed with the
justice of the peace, though it must involve the same controversy.
(3)(a) If the amount or value of the counterclaim exceeds the
jurisdictional limit of the justice court for a counterclaim and the
defendant files a motion requesting transfer and an amount to pay the
costs of transfer as provided in subsection (2) of this section, the
case shall be transferred to the district or circuit court for the
county in which the justice court is located, whichever court is the
court of appropriate jurisdiction, and be governed as provided in ORS
52.320 for transfers to the circuit court. The justice court shall
notify the plaintiff and defendant, by mail within 10 days following
the order of transfer, of the transfer. The notice to the plaintiff
shall contain a copy of the counterclaim and shall inform the
plaintiff as to further pleading by the plaintiff in the court of
appropriate jurisdiction.
(b) Upon filing the motion requesting transfer, the defendant shall
pay to the court of appropriate jurisdiction an amount equal to the
difference between the fee paid by the defendant as required by ORS
51.310 (1)(c) and the appearance fee for a defendant in the court of
appropriate jurisdiction.
<1977 c.875 s22; 1981 s.s. c.3 s96; 1983 c.673 s8; 1985 c.367 s4; 1987
c.725 s4; 1987 c.829 s3; 1989 c.583 s7>
Note: The amendments to 55.095 by section 65, chapter 658, Oregon
Laws 1995, become operative January 15, 1998. See sections 129 and
150, chapter 658, Oregon Laws 1995. The text that is operative on and
after January 15, 1998, is set forth for the user's convenience.
55.095. (1) The defendant in an action in the small claims
department may assert as a counterclaim any claim that, on the date of
issuance of notice pursuant to ORS 55.045, the defendant may have
against the plaintiff and that arises out of the same transaction or
occurrence that is the subject matter of the claim filed by the
plaintiff.
(2) If the amount of the counterclaim asserted by the defendant
exceeds $2,500, the justice of the peace shall strike the counterclaim
and proceed to hear and dispose of the case as though the counterclaim
had not been asserted unless the defendant files with the counterclaim
a motion requesting that the case be transferred from the small claims
department to a court of appropriate jurisdiction and an amount to pay
the costs of the transfer. After the transfer the plaintiff's claim
will not be limited to the amount stated in the claim filed with the
justice of the peace, though it must involve the same controversy.
(3)(a) If the amount or value of the counterclaim exceeds the
jurisdictional limit of the justice court for a counterclaim and the
defendant files a motion requesting transfer and an amount to pay the
costs of transfer as provided in subsection (2) of this section, the
case shall be transferred to the circuit court for the county in which
the justice court is located and be governed as provided in ORS 52.320
for transfers to the circuit court. The justice court shall notify the
plaintiff and defendant, by mail within 10 days following the order of
transfer, of the transfer. The notice to the plaintiff shall contain
a copy of the counterclaim and shall inform the plaintiff as to
further pleading by the plaintiff in the court of appropriate
jurisdiction.
(b) Upon filing the motion requesting transfer, the defendant
shall pay to the court of appropriate jurisdiction an amount equal to
the difference between the fee paid by the defendant as required by
ORS 51.310 (1)(c) and the appearance fee for a defendant in the court
of appropriate jurisdiction.

55.100 Payment of judgment. If the judgment is against a party to
make payment, the party shall pay the same forthwith upon the terms
and conditions prescribed by the justice of the peace.


55.110 Conclusiveness of judgment; appeal; costs and fees on appeal.
The judgment of the court shall be conclusive upon the plaintiff in
respect to the claim filed by the plaintiff and upon the defendant in
respect to a counterclaim asserted by the defendant. The defendant may
appeal if dissatisfied in respect to the claim filed by the plaintiff.
The plaintiff may appeal if dissatisfied in respect to a counterclaim
asserted by the defendant. A party entitled to appeal may, within 10
days after the entry of the judgment against the party, appeal to the
district court for the county in which the justice court is located,
or if there is no district court for the county, to the circuit court
for the county. If final judgment is rendered against the party
appealing in the appellate court, that party shall pay, in addition to
the judgment, an attorney's fee to the other party in the sum of $10.
Appeals from the small claims department shall only be allowed in
cases in which appeals would be allowed if the action were instituted
and the judgment rendered in the justice courts, as is provided by
law.

Note: The amendments to 55.110 by section 66, chapter 658, Oregon
Laws 1995, become operative January 15, 1998. See sections 129 and
150, chapter 658, Oregon Laws 1995. The text that is operative on and
after January 15, 1998, is set forth for the user's convenience.
55.110. The judgment of the court shall be conclusive upon the
plaintiff in respect to the claim filed by the plaintiff and upon the
defendant in respect to a counterclaim asserted by the defendant. The
defendant may appeal if dissatisfied in respect to the claim filed by
the plaintiff. The plaintiff may appeal if dissatisfied in respect to
a counterclaim asserted by the defendant. A party entitled to appeal
may, within 10 days after the entry of the judgment against the party,
appeal to the circuit court for the county in which the justice court
is located. If final judgment is rendered against the party appealing
in the appellate court, that party shall pay, in addition to the
judgment, an attorney's fee to the other party in the sum of $10.
Appeals from the small claims department shall only be allowed in
cases in which appeals would be allowed if the action were instituted
and the judgment rendered in the justice courts, as is provided by
law.

55.120 Form of appeal; bond; proceedings in appellate court; no
further appeal. (1) The appeal from the small claims department may be
in the following form:
______________________________________________________________________
In the _____ Court for _____ District, _____ County, Oregon. _____,
Plaintiff, vs. _____, Defendant. Comes now _____, a resident of _____
County, Oregon, and appeals from the decision of the small claims
department of the justice court for ______ District, ______ County,
Oregon, wherein a judgment for ______ dollars was awarded against the
appellant on the ______ day of ______, 19__.
____________, Appellant.
______________________________________________________________________
(2) All appeals shall be filed with the justice of the peace and
accompanied by a bond, with satisfactory surety, to secure the payment
of the judgment, costs and attorney's fees, as provided in ORS 55.110.
The appeal shall be tried in the appellate court without any other
pleadings than those required in the justice court originally trying
the cause. All papers in the cause shall be certified to the appellate
court as is provided by law in other cases of appeals in civil actions
in justice courts. The appellate court may require any other or
further statements or information it may deem necessary for a proper
consideration of the controversy. The appeal shall be tried in the
appellate court without a jury. There shall be no appeal from any
judgment of the appellate court rendered upon the appeal, but such
judgment shall be final and conclusive.


55.130 Enforcement of judgment when no appeal is taken; fees. (1) If
no appeal is taken by a party against whom a judgment to make payment
is rendered and the party fails to pay the judgment according to the
terms and conditions thereof, the justice of the peace before whom the
hearing was had, may, on application of the prevailing party, certify
the judgment in substantially the following form:
______________________________________________________________________
In the Justice Court for ______ District, ______ County, Oregon.
___________________
Plaintiff,
vs.
___________________
Defendant.
In the Small Claims Department
This is to certify that in a certain action before me, the
undersigned, had on this, the _____ day of _____, 19__, wherein ______
was plaintiff and ______ was defendant, jurisdiction of the defendant
having been had by personal service (or otherwise), as provided by
law, I then and there entered judgment against the (defendant or
plaintiff) in the sum of ____ dollars, which judgment has not been
paid.
Witness my hand this ____ day of ______, 19__.
_____________________
Justice of the Peace
Sitting in the Small
Claims Department.
______________________________________________________________________
(2) Upon the payment of a fee of $3.75 the justice of the peace
shall forthwith enter the judgment transcript on the docket of the
justice court. Thereafter execution and other process on execution
provided by law may issue thereon as in other cases of judgments of
justice courts, and transcripts of the judgments may be filed and
entered in judgment dockets in circuit courts with like effect as in
other cases.


55.140 Separate docket for small claims department. Each justice of
the peace shall keep a separate docket for the small claims department
of the court of the justice of the peace, in which the justice of the
peace shall make a permanent record of all proceedings, orders and
judgments had and made in the small claims department.



CHAPTER 90

Residential Landlord and Tenant


GENERAL PROVISIONS
90.100 Definitions
90.105 Short title
90.110 Exclusions from application of this chapter
90.115 Territorial application
90.120 Applicability of other statutory lien, tenancy and rent
provisions; applicability of ORS 90.505 to 90.840
90.125 Administration of remedies; enforcement
90.130 Obligation of good faith
90.135 Unconscionability
90.145 Tenant or applicant who conducts repairs, routine
maintenance or cleaning services not employee of landlord;
restrictions
90.147 Delivery of possession

SERVICE OR DELIVERY OF NOTICES
90.150 Service or delivery of actual notice
90.155 Service of notices
90.160 Calculation of notice periods

CONTENT OF AGREEMENTS
90.240 Terms and conditions of rental agreement
90.243 Drug and alcohol free housing; defined; program of
recovery
90.245 Prohibited provisions in rental agreements; remedy
90.250 Exchange of rent for obligation to maintain premises
prohibited
90.255 Attorney fees
90.260 Late rent payment charge or fee; restrictions; calculation
90.262 Use and occupancy rules and regulations; adoption;
enforceability; restrictions
90.265 Interest in alternative energy device installed by tenant

FEES AND DEPOSITS
90.295 Applicant screening fee; limitations; notice upon denial
of tenancy; refund; remedies
90.297 Prohibition on charging deposit or fee to enter rental
agreement; exceptions; deposit allowed for securing
execution of rental agreement; remedy
90.300 Security deposits; prepaid rent deposit
90.302 Nonrefundable fees allowed; exception

LANDLORD RIGHTS AND OBLIGATIONS
90.305 Disclosure of certain matters; retention of rental
agreement; inspection of agreement
90.310 Disclosure of legal proceedings; tenant remedies for
failure to disclose; liability of manager
90.315 Utility or service payments; responsibility; denial of
utility or service; remedies

90.318 Criteria for landlord's provision of certain recycling
services
90.320 Landlord to maintain premises in habitable condition;
agreement with tenant to maintain premises
90.322 Landlord's access to premises; manner of entry; landlord
immunity; injunctive relief

TENANT OBLIGATIONS
90.325 Tenant duties
90.340 Occupancy of premises as dwelling unit only; notice of
tenant's absence

TENANT REMEDIES
90.360 Effect of landlord noncompliance with rental agreement or
obligation to maintain premises; generally
90.365 Effect of deliberate refusal or negligent failure of
landlord to supply heat, water, electricity or other
essential services; remedy
90.370 Tenant counterclaims in action by landlord for possession
or rent
90.375 Effect of unlawful ouster or exclusion; willful diminution
of services
90.380 Effect of rental of dwelling in violation of building or
housing codes; remedy
90.385 Retaliatory conduct by landlord prohibited; tenant
remedies and defenses; action for possession in certain
cases
90.390 Discrimination against tenant; tenant defense

LANDLORD REMEDIES
90.400 Effect of tenant noncompliance with rental agreement or
failure to maintain premises; failure to pay rent; damage
to persons or property
90.405 Effect of tenant keeping unpermitted pet
90.410 Effect of tenant's failure to give notice of absence;
absence; abandonment
90.415 Right of landlord to terminate tenancy; waiver
90.420 Enforceability of landlord liens; distraint for rent
abolished
90.425 Disposition of personal property abandoned by tenant;
notice to tenant
90.426 Alternative procedure for removal of abandoned motor
vehicle
90.427 Termination of periodic tenancies; landlord remedies for
tenant holdover
90.429 Termination of tenancy for dwelling unit not covered by
ORS 90.505 to 90.840
90.430 Claims for possession, rent, damages after termination of
rental agreement
90.435 Limitation on recovery of possession of premises

MISCELLANEOUS
90.450 Right of city to recover from owner for costs of
relocating tenant due to condemnation; defense

MANUFACTURED DWELLING AND FLOATING HOME SPACES
(General Provisions)
90.505 "Rent a space for a manufactured dwelling or floating
home" defined for certain purposes
90.510 Statement of policy; rental agreement; rules and
regulations; utility services; remedies
90.525 Unreasonable conditions of rental or occupancy prohibited

(Landlord and Tenant Relations)
90.600 Increases in rent; notice; meeting with tenants; effect of
failure to comply
90.605 Persons authorized to receive notice and demands on
landlord's behalf; written notice to change designated
person
90.610 Informal dispute resolution; notice of proposed rule or
regulation; objection to change by tenant
90.620 Termination by tenant; notice to landlord
90.630 Termination by landlord; causes; notice; nonpayment of
rent; notice to lienholder
90.635 Closure of facility; notice to tenant of tax credit;
landlord duties

(Ownership Change)
90.670 Payment of storage charges before removal of dwelling
90.680 Right to sell dwelling on rented space; notice prior to
sale; duties and rights of prospective purchaser
90.690 Disposition of dwelling upon death of tenant; requirements

(Actions)
90.710 Causes of action; limit on cause of action of tenant;
attorney fees
90.720 Action to enjoin violation of ORS 90.750 or 90.755

(Tenant Rights)
90.750 Right to assemble or canvass in facility; limitations
90.755 Right to speak on political issues; limitations; placement
of political signs
90.760 Notice to tenants' association when park becomes subject
to listing agreement
90.765 Prohibitions on retaliatory conduct by landlord
90.770 Confidentiality of information received from facility
tenants
90.775 Rules; adoption

(Facility Purchase by Tenants)
90.800 Policy
90.810 Tenant notification of possible sale of facility
90.815 Incorporation of facility purchase association
90.820 Facility purchase by association; procedures
90.830 Facility owner; affidavit of compliance with procedures
90.840 Park purchase funds, loans
______________________________________________________________________
______________________________________________________________________

CROSS-REFERENCES
Alcoholic liquor, duty of property owner to prevent consumption on
premises by minors, 471.410
Challenge of juror for implied bias on ground of landlord-tenant
relationship, 136.220
Complaint, 105.125
Condominium, conversion to, notice, rights of tenants, 100.305,
100.310
Damages recoverable for harm to or theft of assistance animal, 346.687
Discrimination in selling, leasing or renting real property
prohibited, 659.033
Dispute resolution, Mobile Home Park Ombudsman, 446.515 to 446.547
Farmworker housing, Ch. 658
How action conducted, 105.130 to 105.137
Manufactured dwelling parks, generally, Ch. 446
Methods of creating and transferring estate or interest in realty,
93.020
Recordation of certain instruments, effect, 93.710
Rental contract with minor, 105.168, 109.697
Small claims actions, 46.425
Subdivision and Series Partition Control Law, 92.305 to 92.495, 92.990
Time for bringing actions on rental agreements, 12.125
Writing essential for certain leases, 41.580
90.315
Utility claim against tenant, 91.255
90.320
Smoke detectors required, testing, 479.270, 479.275
90.325
Infectious waste disposal, 459.386 to 459.405
90.400 to 90.435
Eviction, 105.105 to 105.168
90.505 to 90.840
Mobile Home Parks Purchase Account, 456.579, 456.581
______________________________________________________________________
______________________________________________________________________

90.100 Definitions. Subject to additional definitions contained in
this chapter which apply to specific sections or parts thereof, and
unless the context otherwise requires, in this chapter:
(1) "Action" includes recoupment, counterclaim, setoff, suit in
equity and any other proceeding in which rights are determined,
including an action for possession.
(2) "Applicant screening fee" means any nonrefundable payment of
money charged by a landlord of a prospective tenant or applicant prior
to entering into a rental agreement with that applicant for a
residential dwelling unit, the purpose of which payment is to process
an application for a rental agreement for a residential dwelling unit.
(3) "Building and housing codes" include any law, ordinance or
governmental regulation concerning fitness for habitation, or the
construction, maintenance, operation, occupancy, use or appearance of
any premises or dwelling unit.
(4) "Dealer" means any person in the business of selling, leasing or
distributing new or used manufactured dwellings or floating homes to
persons who purchase or lease a manufactured dwelling or floating home
for use as a residence.
(5) "Drug and alcohol free housing" means a rental agreement as
described in ORS 90.243.
(6) "Dwelling unit" means a structure or the part of a structure
that is used as a home, residence or sleeping place by one person who
maintains a household or by two or more persons who maintain a common
household. "Dwelling unit" regarding a person who rents a space for a
manufactured dwelling as defined in ORS 90.505, for a recreational
vehicle as defined in ORS 446.003, for a residential vehicle as
defined in subsection (25) of this section or who rents moorage space
for a floating home as defined in ORS 830.700, but does not rent the
home, means the space rented and not the manufactured dwelling,
recreational vehicle, residential vehicle or floating home itself.
(7) "Facility" means:
(a) A place where four or more manufactured dwellings are located,
the primary purpose of which is to rent space or keep space for rent
to any person for a fee; or
(b) A moorage of contiguous dwelling units that may be legally
transferred as a single unit and are owned by one person where four or
more floating homes are secured, the primary purpose of which is to
rent space or keep space for rent to any person for a fee.
(8) "Facility purchase association" means a group of three or more
tenants who reside in a facility and have organized for the purpose of
eventual purchase of the facility.
(9) "First class mail" does not include certified or registered
mail, or any other form of mail that may delay or hinder actual
delivery of mail to the recipient.
(10) "Floating home" has the meaning given that term in ORS 830.700.
(11) "Good faith" means honesty in fact in the conduct of the
transaction concerned.
(12) "Hotel or motel" means "hotel" as that term is defined in ORS
699.005.
(13) "Informal dispute resolution" means, but is not limited to,
consultation between the landlord or landlord's agent and one or more
tenants, or mediation utilizing the services of a third party.
(14) "Landlord" means the owner, lessor or sublessor of the dwelling
unit or the building of which it is a part, and it also means a
manager of the premises who fails to disclose as required by ORS
90.305.
(15) "Manufactured dwelling" has the meaning given that term in ORS
446.003.
(16) "Manufactured dwelling park" has the meaning given that term in
ORS 446.003.
(17) "Mobile home park" has the meaning given that term in ORS
446.003.
(18) "Organization" includes a corporation, government, governmental
subdivision or agency, business trust, estate, trust, partnership or
association, two or more persons having a joint or common interest,
and any other legal or commercial entity.
(19) "Owner" includes a mortgagee in possession and means one or
more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to present
use and enjoyment of the premises.
(20) "Person" includes an individual or organization.
(21) "Premises" means a dwelling unit and the structure of which it
is a part and facilities and appurtenances therein and grounds, areas
and facilities held out for the use of tenants generally or whose use
is promised to the tenant.
(22) "Recreational vehicle" has the meaning given that term in ORS
446.003.
(23) "Rent" means all payments to be made to the landlord under the
rental agreement.
(24) "Rental agreement" means all agreements, written or oral, and
valid rules and regulations adopted under ORS 90.262 embodying the
terms and conditions concerning the use and occupancy of a dwelling
unit and premises. "Rental agreement " includes a lease. A rental
agreement shall be either a week-to-week tenancy, month-to-month
tenancy or fixed term tenancy.
(25) "Residential vehicle" means a vehicle or structure other than a
manufactured dwelling as defined in ORS 446.003, constructed for
movement on the public highways that has sleeping, cooking or plumbing
facilities, is intended for human occupancy and is being used as a
residence.
(26) "Roomer" means a person occupying a dwelling unit that does not
include a toilet and either a bathtub or a shower and a refrigerator,
stove and kitchen, all provided by the landlord, and where one or more
of these facilities are used in common by occupants in the structure.
(27) "Statement of policy" means the summary explanation of
information and facility policies to be provided to prospective and
existing tenants under ORS 90.510.
(28) "Tenant" means a person, including a roomer, entitled under a
rental agreement to occupy a dwelling unit to the exclusion of others,
including a dwelling unit owned, operated or controlled by a public
housing authority. "Tenant" also includes a minor, as defined and
provided for in ORS 109.697. As used in ORS 90.505 to 90.840, "tenant"
includes only a person who owns and occupies as a residence a
manufactured dwelling or a floating home in a facility and persons
residing with that tenant under the terms of the rental agreement.
(29) "Transient lodging" means a room or a suite of rooms.
(30) "Transient occupancy" means occupancy in transient lodging
which has all of the following characteristics:
(a) Occupancy is charged on a daily basis and is not collected more
than six days in advance;
(b) The lodging operator provides maid and linen service daily or
every two days as part of the regularly charged cost of occupancy; and
(c) The period of occupancy does not exceed 30 days.
(31) "Week-to-week tenancy" means a tenancy that has all of the
following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no less
frequently than every seven days;
(b) There is a written rental agreement that defines the landlord's
and the tenant's rights and responsibilities under this chapter; and
(c) There are no nonrefundable fees or security deposits, although
the landlord may charge an applicant screening fee, as provided in ORS
90.295.


90.105 Short title. This chapter shall be known and may be cited as
the "Residential Landlord and Tenant Act. "


90.110 Exclusions from application of this chapter. Unless created
to avoid the application of this chapter, the following arrangements
are not governed by this chapter:
(1) Residence at an institution, public or private, if incidental to
detention or the provision of medical, geriatric, educational,
counseling, religious or similar service, but not including residence
in off-campus nondormitory housing.
(2) Occupancy under a contract of sale of a dwelling unit or the
property of which it is a part, if the occupant is the purchaser or a
person who succeeds to the interest of the purchaser.
(3) Occupancy by a member of a fraternal or social organization in
the portion of a structure operated for the benefit of the
organization.
(4) Transient occupancy in a hotel or motel.
(5) Occupancy by an employee of a landlord whose right to occupancy
is conditional upon employment in and about the premises. However, an
employee as described in this subsection may be evicted only pursuant
to ORS 91.120.
(6) Occupancy by an owner of a condominium unit or a holder of a
proprietary lease in a cooperative.
(7) Occupancy under a rental agreement covering premises used by the
occupant primarily for agricultural purposes.


90.115 Territorial application. This chapter applies to, regulates
and determines rights, obligations and remedies under a rental
agreement, wherever made, for a dwelling unit located within this
state.


90.120 Applicability of other statutory lien, tenancy and rent
provisions; applicability of ORS 90.505 to 90.840. (1) The provisions
of ORS 87.162 to 87.212, 91.010 to 91.110, 91.210 and 91.220 do not
apply to the rights and obligations of landlords and tenants governed
by this chapter.
(2) Any provisions of this chapter which reasonably apply only to
the structure that is used as a home, residence or sleeping place
shall not apply to a manufactured dwelling, recreational vehicle,
residential vehicle or floating home where the tenant owns the
manufactured dwelling, recreational vehicle, residential vehicle or
floating home but rents the space on which it is located.
(3) The provisions of ORS 90.505 to 90.840 apply only to a
manufactured dwelling or floating home located within a facility and
do not apply to any other tenancy, including but not limited to a
tenancy in which a rental space is offered for occupancy by a
residential vehicle or recreational vehicle or a tenancy in which both
a manufactured dwelling or floating home and a rental space are rented
or leased by the tenant. Residential tenancies not subject to ORS
90.505 to 90.840 shall be subject to ORS 90.100 to 90.450.


90.125 Administration of remedies; enforcement. (1) The remedies
provided by this chapter shall be so administered that an aggrieved

party may recover appropriate damages. The aggrieved party has a duty
to mitigate damages.
(2) Any right or obligation declared by this chapter is enforceable
by action unless the provision declaring it specifies a different and
limited effect.


90.130 Obligation of good faith. Every duty under this chapter and
every act which must be performed as a condition precedent to the
exercise of a right or remedy under this chapter imposes an obligation
of good faith in its performance or enforcement.


90.135 Unconscionability. (1) If the court, as a matter of law,
finds:
(a) A rental agreement or any provision thereof was unconscionable
when made, the court may refuse to enforce the agreement, enforce the
remainder of the agreement without the unconscionable provision, or
limit the application of any unconscionable provision to avoid an
unconscionable result; or
(b) A settlement in which a party waives or agrees to forego a claim
or right under this chapter or under a rental agreement was
unconscionable when made, the court may refuse to enforce the
settlement, enforce the remainder of the settlement without the
unconscionable provision, or limit the application of any
unconscionable provision to avoid an unconscionable result.
(2) If unconscionability is put into issue by a party or by the
court upon its own motion the parties shall be afforded a reasonable
opportunity to present evidence as to the setting, purpose and effect
of the rental agreement or settlement to aid the court in making the
determination.


90.145 Tenant or applicant who conducts repairs, routine maintenance
or cleaning services not employee of landlord; restrictions. (1) A
tenant who occupies or an applicant who will occupy a dwelling unit
and who conducts repairs, routine maintenance or cleaning services on
that dwelling unit in exchange for a reduction in rent pursuant to a
written or oral agreement with the landlord shall not be considered to
be an employee of the landlord.
(2) A person described in subsection (1) of this section shall not
conduct electrical or plumbing installation, maintenance or repair
unless properly licensed or certified under ORS chapter 479 or 693.
(3) Nothing in this section diminishes the obligations of a landlord
to maintain the dwelling unit in a habitable condition under ORS
90.320.
(4) Any work performed by a tenant or applicant under this section
shall be in compliance with ORS chapters 447 and 479. However, a
tenant or applicant shall not be required to secure a certificate of
registration under ORS 447.010 to 447.160.
<1995 c.773 s2>

90.147 Delivery of possession. For the purposes of this chapter,
delivery of possession occurs:
(1) From the landlord to the tenant, when the landlord gives actual
notice to the tenant that the tenant has the right under a rental
agreement to occupy the dwelling unit to the exclusion of others. Such
notice may include delivery of the keys to the dwelling unit; and
(2) From the tenant to the landlord at the termination of the
tenancy, when:
(a) The tenant gives actual notice to the landlord that the tenant
has surrendered any right to occupy the dwelling unit to the exclusion
of others. Such notice may include return of the keys to the dwelling
unit;
(b) After the expiration date of an outstanding termination of
tenancy notice or the end of a term tenancy, the landlord reasonably
believes under all the circumstances that the tenant has surrendered
or no longer claims the right to occupy the dwelling unit to the
exclusion of others; or
(c) The landlord reasonably knows of the tenant's abandonment of the
dwelling unit.
<1995 c.559 s9>

90.150 Service or delivery of actual notice. Where this chapter
requires actual notice, service or delivery of that notice may be
executed by:
(1) Verbal notice that is given personally to the landlord or tenant
or left on the landlord's or tenant's telephone answering device;
(2) Written notice that is personally delivered to the landlord or
tenant or left at the landlord's or tenant's place of business or
residence or dwelling unit; or
(3) Written notice that is delivered by first class mail to the
landlord or tenant. Except as provided in ORS 90.155 (4), if the
notice is mailed, the notice shall be considered served three days
after the date the notice was mailed.
<1995 c.559 s3>

90.155 Service of notices. (1) When referring to a written notice in
this chapter, the terms "delivery of notice, " " giving a notice" and
"after notice," or variations of these terms, mean service pursuant to
this section.
(2) Written notices under this chapter may be served by personal
delivery or by first class mail.
(3) Except as provided in subsection (4) of this section, if a
notice under ORS 90.400, 90.405, 90.427, 90.429, 90.610 or 90.630 is
served by mail, the minimum period for compliance or termination of
tenancy, as appropriate, shall be extended by three days, and the
notice shall recite the fact and extent of the extension.
(4)(a) If a written rental agreement so provides, a notice of
nonpayment of rent under ORS 90.400 (2), a 48-hour or 24-hour notice
of termination under ORS 90.400 (7), a 24-hour notice of termination
under ORS 90.400 (3)(a), (b), (c) or (e) or a notice under ORS 90.322
(1)(e) may be deemed served on the day on which it is both mailed by
first class mail to the tenant at the premises and attached in a
secure manner to the main entrance to that portion of the premises of
which the tenant has possession.
(b) Payment by a tenant who has received a nonpayment of rent notice
under ORS 90.400 (2) is timely if mailed to the landlord within the
period of the notice unless:
(A) The nonpayment of rent notice is personally served on the
tenant;
(B) A written rental agreement and the nonpayment of rent notice
expressly state that payment is to be made at a specified location
which is either on the premises or, unless the tenant has become
unable to make rent payments in person since the last rent payment, at
a place where the tenant has made all previous rent payments in
person; and
(C) The place so specified is available to the tenant for payment
throughout the period of the notice.


90.160 Calculation of notice periods. (1) Notwithstanding ORCP 10
and not including the seven-day and four-day waiting periods provided
in ORS 90.400 (2), where there are references in this chapter to
periods and notices based on a number of days, those days shall be
calculated by consecutive calendar days, not including the initial day
of service, but including the last day until midnight of that last
day. Where there are references in this chapter to periods or notices
based on a number of hours, those hours shall be calculated in
consecutive clock hours, beginning immediately upon service.
(2) Notwithstanding subsection (1) of this section, for 72-hour or
144-hour nonpayment notices under ORS 90.400 (2) that are served
pursuant to ORS 90.155 (4)(a), the time period described in subsection
(1) of this section begins at 11:59 p.m. the day the notice is both
mailed and attached to the premises. The time period shall end 72
hours or 144 hours, as the case may be, after the time started to run
at 11:59 p.m.


90.240 Terms and conditions of rental agreement. (1) A landlord and
a tenant may include in a rental agreement terms and conditions not
prohibited by this chapter or other rule of law including rent, term
of the agreement and other provisions governing the rights and
obligations of the parties.
(2) The landlord shall provide the tenant with a copy of any written
rental agreement and all amendments and additions thereto.
(3) Notwithstanding ORS 90.245 (1), the parties to a rental
agreement to which ORS 90.100 to 90.450 apply may include in the
rental agreement a provision for informal dispute resolution.
(4) In absence of agreement, the tenant shall pay as rent the fair
rental value for the use and occupancy of the dwelling unit.
(5) Except as otherwise provided by this chapter:
(a) Rent is payable without demand or notice at the time and place
agreed upon by the parties. Unless otherwise agreed, rent is payable
at the dwelling unit, periodic rent is payable at the beginning of any
term of one month or less and otherwise in equal monthly or weekly
installments at the beginning of each month or week, depending on
whether the tenancy is month-to-month or week-to-week. Rent may not be
increased without a 30-day written notice thereof in the case of a
month-to-month tenancy or a seven-day written notice thereof in the
case of a week-to-week tenancy.
(b) If a rental agreement does not create a week-to-week tenancy, as
defined in ORS 90.100, or a fixed term tenancy, the tenancy shall be a
month-to-month tenancy.


90.243 Drug and alcohol free housing; defined; program of recovery.
(1) "Drug and alcohol free housing" is a rental agreement for a
dwelling in which:
(a) Each of the dwelling units on the premises is occupied or held
for occupancy by at least one tenant who is a recovering alcoholic or
drug addict and is participating in a program of recovery;
(b) The landlord is a nonprofit corporation organized pursuant to
ORS chapter 65;
(c) The landlord provides:
(A) A drug and alcohol free environment, covering all tenants,
employees, staff, agents of the landlord and guests;
(B) An employee who monitors the tenants for compliance with the
requirements of paragraph (d) of this subsection;
(C) Individual and group support for recovery; and
(D) Access to a specified program of recovery; and
(d) The rental agreement is in writing and includes the following
provisions:
(A) That the tenant shall not use, possess or share alcohol, illegal
drugs, controlled substances or prescription drugs without a medical
prescription, either on or off the premises;
(B) That the tenant shall not allow the tenant's guests to use,
possess or share alcohol, illegal drugs, controlled substances or
prescription drugs without a medical prescription, on the premises;
(C) That the tenant shall participate in a program of recovery,
which specific program is described in the rental agreement;
(D) That on at least a quarterly basis the tenant shall provide
written verification from the tenant's program of recovery that the
tenant is participating in the program of recovery and that the tenant
has not used alcohol or illegal drugs;
(E) That the landlord has the right to require the tenant to take a
urine analysis test regarding drug or alcohol usage, at the landlord's
discretion and expense; and
(F) That the landlord has the right to evict the tenant for
noncompliance with the requirements of this paragraph.
(2) As used in this section, "program of recovery" means a
verifiable program of counseling and rehabilitation treatment
services, including a written plan, to assist recovering alcoholics or
drug addicts to recover from their addiction to alcohol or illegal
drugs while living in drug and alcohol free housing. A "program of
recovery" includes Alcoholics Anonymous, Narcotics Anonymous and
similar programs.
<1995 c.559 s7>

90.245 Prohibited provisions in rental agreements; remedy. (1) A
rental agreement may not provide that the tenant:
(a) Agrees to waive or forego rights or remedies under this chapter;
(b) Authorizes any person to confess judgment on a claim arising out
of the rental agreement; or
(c) Agrees to the exculpation or limitation of any liability arising
as a result of the other party's willful misconduct or negligence or
to indemnify the other party for that liability or costs connected
therewith.
(2) A provision prohibited by subsection (1) of this section
included in a rental agreement is unenforceable. If a landlord
deliberately uses a rental agreement containing provisions known by
the landlord to be prohibited and attempts to enforce such provisions,
the tenant may recover in addition to the actual damages of the tenant
an amount up to three months' periodic rent.


90.250 Exchange of rent for obligation to maintain premises
prohibited. A rental agreement, assignment, conveyance, trust deed or
security instrument may not permit the receipt of rent free of the
obligation to comply with ORS 90.320 (1).


90.255 Attorney fees. In any action on a rental agreement or arising
under this chapter, reasonable attorney fees at trial and on appeal
may be awarded to the prevailing party together with costs and
necessary disbursements, notwithstanding any agreement to the
contrary. As used in this section, " prevailing party" means the party
in whose favor final judgment is rendered.


90.260 Late rent payment charge or fee; restrictions; calculation.
(1) A landlord may impose a late charge or fee, only if:
(a) The rent payment is not received by the fourth day of the weekly
or monthly rental period for which rent is payable; and
(b) There exists a written rental agreement that specifies:
(A) The tenant's obligation to pay a late charge on delinquent rent
payments;
(B) The type and amount of the late charge, as described in
subsection (2) of this section; and
(C) The date on which rent payments are due and the date or day on
which late charges become due.
(2) The amount of any late charge shall not exceed:
(a) A reasonable flat amount, charged once per rental period. "
Reasonable amount" means the customary amount charged by landlords for
that rental market;
(b) A reasonable amount, charged on a per-day basis, beginning on
the fifth day of the rental period for which rent is delinquent. This
daily charge may accrue every day thereafter until the rent, not
including any late charge, is paid in full, through that rental period
only. The per-day charge may not exceed six percent of the amount
described in paragraph (a) of this subsection; or
(c) Five percent of the periodic rent payment amount, charged once
for each succeeding five-day period, or portion thereof, for which the
rent payment is delinquent, beginning on the fifth day of that rental
period and continuing and accumulating until that rent payment, not
including any late charge, is paid in full, through that rental period
only.
(3) In periodic tenancies, a landlord may change the type or amount
of late charge by giving 30 days' written notice to the tenant.
(4) A landlord shall not deduct a previously imposed late charge
from a current or subsequent rental period rent payment, thereby
making that rent payment delinquent for imposition of a new or
additional late charge or for termination of the tenancy for
nonpayment pursuant to ORS 90.400 (2).
(5) A landlord may charge simple interest on an unpaid late charge
at the rate allowed for judgments pursuant to ORS 82.010 (2) and
accruing from the date the late charge is imposed.
(6) Nonpayment of a late charge alone shall not constitute grounds
for eviction for nonpayment of rent pursuant to ORS 90.400 (2).
Nonpayment of a late charge alone shall constitute grounds for
eviction pursuant to ORS 90.400 (1) and 90.630. A landlord may note
the imposition of a late charge on a notice of nonpayment of rent
pursuant to ORS 90.400 (2), so long as the notice states or otherwise
makes clear that the tenant may cure the nonpayment notice by paying
only the delinquent rent, not including any late charge, within the
allotted time.
<1989 c.506 s15; 1995 c.559 s8>

90.262 Use and occupancy rules and regulations; adoption;
enforceability; restrictions. (1) A landlord, from time to time, may
adopt a rule or regulation, however described, concerning the tenant's
use and occupancy of the premises. It is enforceable against the
tenant only if:
(a) Its purpose is to promote the convenience, safety or welfare of
the tenants in the premises, preserve the landlord's property from
abusive use, or make a fair distribution of services and facilities
held out for the tenants generally;
(b) It is reasonably related to the purpose for which it is adopted;
(c) It applies to all tenants in the premises in a fair manner;
(d) It is sufficiently explicit in its prohibition, direction or
limitation of the tenant's conduct to fairly inform the tenant of what
the tenant must or must not do to comply;
(e) It is not for the purpose of evading the obligations of the
landlord; and
(f) The tenant has written notice of it at the time the tenant
enters into the rental agreement, or when it is adopted.
(2) If a rule or regulation adopted after the tenant enters into the
rental agreement works a substantial modification of the bargain, it
is not valid unless the tenant consents to it in writing.
(3) If adopted, an occupancy guideline for a dwelling unit shall not
be more restrictive than two people per bedroom and shall be
reasonable. Reasonableness shall be determined on a case-by-case
basis. Factors to be considered in determining reasonableness include,
but are not limited to:
(a) The size of the bedrooms;
(b) The overall size of the dwelling unit; and
(c) Any discriminatory impact on those identified in ORS 659.033.
(4) As used in this section:
(a) "Bedroom" means a habitable room that:
(A) Is intended to be used primarily for sleeping purposes;
(B) Contains at least 70 square feet; and
(C) Is configured so as to take the need for a fire exit into
account.
(b) "Habitable room" means a space in a structure for living,
sleeping, eating or cooking. Bathrooms, toilet compartments, closets,
halls, storage or utility space and similar areas are not included.


90.265 Interest in alternative energy device installed by tenant.
(1) An alternative energy device installed in a dwelling unit by a
tenant with the landlord's written permission is not a fixture in
which the landlord has a legal interest, except as otherwise expressly
provided in a written agreement between the landlord and tenant.
(2) As a condition to a grant of written permission referred to in
subsection (1) of this section, a landlord may require a tenant to do
one or more of the following:
(a) Provide a waiver of the landlord's liability for any injury to
the tenant or other installer resulting from the tenant's or
installer's negligence in the installation of the alternative energy
device;
(b) Secure a waiver of the right to a lien against the property of
the landlord from each contractor, subcontractor, laborer and material
supplier who would obtain the right to a lien when the tenant installs
or causes the installation of the alternative energy device; or
(c) Post a bond or pay a deposit in an amount not to exceed the cost
of restoring the premises to its condition at the time of installation
of the alternative energy device.
(3) Nothing in this section:
(a) Authorizes the installation of an alternative energy device in a
dwelling unit without the landlord's written permission; or
(b) Limits a landlord's right to recover damages and obtain
injunctive relief as provided in ORS 90.400 (9).
(4) As used in this section, "alternative energy device " has the
meaning given that term in ORS 469.160.


90.295 Applicant screening fee; limitations; notice upon denial of
tenancy; refund; remedies. (1) A landlord may charge an applicant
screening fee, solely to cover the costs of obtaining information on
the applicant as the landlord processes the application for a rental
agreement. This activity is also known as screening, and includes but
is not limited to personal reference checks and a consumer credit
report or tenant screening report. The landlord must provide the
applicant with a receipt for any such applicant screening fee.
(2) The amount of any applicant screening fee shall not be greater
than the landlord's average actual cost of screening applicants.
Actual costs may include the cost of using a tenant screening service
or a consumer credit reporting agency, and may include the reasonable
value of any time spent by the landlord or the landlord's agents or
employees in otherwise obtaining information on applicants. In any
case, the applicant screening fee may not be greater than the
customary amount charged by tenant screening services or consumer
credit reporting agencies for a comparable level of screening.
(3) A landlord may not charge an applicant screening fee unless the
landlord gives written notice to the applicant of:
(a) What a tenant screening or consumer credit report entails and
the landlord's charge for the tenant screening;
(b) The applicant's rights to dispute the accuracy of any
information provided to the landlord by a screening service or credit
reporting agency; and
(c) The name and address of the screening service or credit
reporting agency.
(4) Regardless of whether a landlord charges an applicant screening
fee, if a landlord denies an application for a rental agreement by an
applicant and that denial is based in whole or in part on a tenant
screening service or consumer credit reporting agency report on that
applicant, the landlord shall give the applicant actual notice of that
fact at the same time that the landlord notifies the applicant of the
denial. Unless written notice has previously been given, the landlord
shall also at that time give written notice to the applicant of the
name and address of the service or agency.
(5) Except as provided in subsection (4) of this section, a landlord
need not disclose the results of an applicant screening or report to
an applicant, with respect to information that is not required to be
disclosed under the federal Fair Credit Reporting Act. A landlord may

give to an applicant a copy of that applicant's consumer report, as
defined in the Fair Credit Reporting Act.
(6) Unless the applicant agrees otherwise in writing, a landlord may
not charge an applicant screening fee when the landlord knows or
should know that no rental units are available at that time or will be
available within a reasonable future time.
(7) If a landlord charges an applicant screening fee but fills the
vacant rental unit before screening the applicant or does not conduct
a screening of the applicant for any reason, the landlord must refund
the applicant screening fee to the applicant within a reasonable time.
(8) If a landlord fails to comply with this section, the applicant
may recover from the landlord the amount of any applicant screening
fee charged, plus $100.
<1993 c.369 s26; 1995 c.559 s10>
Note: 90.295 was added to and made a part of ORS chapter 90 by
legislative action but was not added to any smaller series therein.
See Preface to Oregon Revised Statutes for further explanation.

90.297 Prohibition on charging deposit or fee to enter rental
agreement; exceptions; deposit allowed for securing execution of
rental agreement; remedy. (1) Except as provided in ORS 90.295 and in
this section, a landlord shall not charge a deposit or fee, however
designated, to an applicant who has applied to a landlord to enter a
rental agreement for a dwelling unit.
(2) A landlord may charge a deposit, however designated, to an
applicant for the purpose of securing the execution of a rental
agreement, after approving the applicant's application but prior to
entering into a rental agreement. The landlord must give the applicant
a written statement describing the terms of the agreement to execute a
rental agreement and the conditions for refunding or retaining the
deposit.
(a) If a rental agreement is executed, the landlord shall either
apply the deposit toward the moneys due the landlord under the rental
agreement or refund it immediately to the tenant.
(b) If a rental agreement is not executed due to a failure by the
applicant to comply with the agreement to execute, the landlord may
retain the deposit.
(c) If a rental agreement is not executed due to a failure by the
landlord to comply with the agreement to execute, within four days the
landlord shall return the deposit to the applicant either by making
the deposit available to the applicant at the landlord's customary
place of business or by mailing the deposit by first class mail to the
applicant. Proof of timely compliance with this requirement shall
include a postmark.
(3) If a landlord fails to comply with this section, the applicant
or tenant, as the case may be, may recover from the landlord the
amount of any fee or deposit charged, plus $100.
<1995 c.559 s11>

90.300 Security deposits; prepaid rent deposit. (1) For the purposes
of this section, "security deposit" means any payment or deposit of
money, however designated, the primary function of which is to secure
the performance of a rental agreement or any part of a rental
agreement, but does not mean a nonrefundable fee or a payment or
deposit, including an advance payment of rent, made to secure the
execution of a rental agreement.
(2) A landlord may require the payment of a security deposit. A
security deposit shall be held by the landlord for the tenant who is a
party to the rental agreement. The claim of a tenant to the security
deposit shall be prior to the claim of any creditor of the landlord,
including a trustee in bankruptcy.
(3) The landlord may claim all or part of the security deposit only
if the deposit was made for any or all of the purposes provided by
subsection (4) of this section.
(4) The landlord may claim from the security deposit only the amount
reasonably necessary:
(a) To remedy the tenant's defaults in the performance of the rental
agreement including, but not limited to, unpaid rent; and
(b) To repair damages to the premises caused by the tenant, not
including ordinary wear and tear.
(5) A security deposit shall not be required or forfeited to the
landlord upon the failure of the tenant to maintain a tenancy for a
minimum number of months in a month-to-month tenancy.
(6) A landlord may also require the payment of a prepaid rent
deposit as a type of security deposit. For the purposes of this
section, "prepaid rent" means any payment to the landlord for a
monthly or weekly rent obligation not yet due, including a last
month's rent deposit. In addition, prepaid rent means rent paid for a
period extending beyond a termination date specified in a valid and
outstanding notice to terminate the tenancy. Prepaid rent deposits
shall be treated in the same manner as other security deposits as
required by this section, except that the accounting for a prepaid
rent deposit shall be separate from the accounting required by
subsection (7) of this section for other security deposits. The
landlord may claim from the prepaid rent deposit only the amount
reasonably necessary to pay the tenant's unpaid rent.
(7) In order to claim all or part of the security deposit, within 31
days after the termination of the tenancy and delivery of possession
the landlord shall give to the tenant a written accounting which
states specifically the basis or bases of the claim.
(8) The security deposit or portion of the deposit not claimed in
the manner provided by subsections (6) and (7) of this section shall
be returned to the tenant not later than 31 days after the termination
of the tenancy and delivery of possession to the landlord.
(9) The landlord shall give the written accounting as required by
subsection (7) of this section or shall return the deposit as required
by subsection (8) of this section by personal delivery or by first
class mail. Proof of timely compliance with this requirement shall
include a postmark.
(10) If the landlord fails to comply with subsection (8) of this
section or if the landlord in bad faith fails to return all or any
portion of any prepaid rent or security deposit due to the tenant
under this chapter or the rental agreement, the tenant may recover the
property and money due in an amount equal to twice the amount:
(a) Withheld without a written accounting under subsection (7) of
this section; or
(b) Withheld in bad faith.
(11) This section does not preclude the landlord or tenant from
recovering other damages under this chapter.
(12) The holder of the landlord's interest in the premises at the
time of the termination of the tenancy is bound by this section.


90.302 Nonrefundable fees allowed; exception. A landlord may require
the payment of a fee, if such fee is clearly designated as
nonrefundable. A landlord shall not be required to account for or
return any nonrefundable fee. This section shall not apply to
applicant screening fees charged pursuant to ORS 90.295.
<1995 c.559 s13>

90.305 Disclosure of certain matters; retention of rental agreement;
inspection of agreement. (1) The landlord or any person authorized to
enter into a rental agreement on behalf of the landlord shall disclose
to the tenant in writing at or before the commencement of the tenancy
the name and address of:
(a) The person authorized to manage the premises; and
(b) An owner of the premises or a person authorized to act for and
on behalf of the owner for the purpose of service of process and
receiving and receipting for notices and demands.
(2) The information required to be furnished by this section shall
be kept current and this section extends to and is enforceable against
any successor landlord, owner or manager.
(3) A person who fails to comply with subsection (1) of this section
becomes an agent of each person who is a landlord for:
(a) Service of process and receiving and receipting for notices and
demands; and
(b) Performing the obligations of the landlord under this chapter
and under the rental agreement and expending or making available for
that purpose all rent collected from the premises.
(4)(a) A landlord shall retain a copy of each rental agreement at
the resident manager's office or at the address provided to the tenant
under subsection (1)(a) of this section.
(b) A tenant may request to see the rental agreement and, within a
reasonable time, the landlord shall make the agreement available for
inspection. At the request of the tenant and upon payment of a
reasonable charge, not to exceed the lesser of 25 cents per page or
the actual copying costs, the landlord shall provide the tenant with a
copy of the rental agreement. This subsection shall not diminish the
landlord's obligation to furnish the tenant an initial copy of the
rental agreement and any amendments under ORS 90.240 (2).


90.310 Disclosure of legal proceedings; tenant remedies for failure
to disclose; liability of manager. (1) If at the time of the execution
of a rental agreement for a dwelling unit in premises containing no
more than four dwelling units the premises are subject to:
(a) Any outstanding notice of default under a trust deed, mortgage
or contract of sale, or notice of trustee's sale under a trust deed;
(b) Any pending suit to foreclose a mortgage, trust deed or vendor's
lien under a contract of sale;
(c) Any pending declaration of forfeiture or suit for specific
performance of a contract of sale; or
(d) Any pending proceeding to foreclose a tax lien;
the landlord shall disclose that circumstance to the tenant in writing
before the execution of the rental agreement.
(2) If the tenant moves as a result of a circumstance which the
landlord failed to disclose as required by subsection (1) of this
section, the tenant may recover twice the actual damages or twice the
monthly rent, whichever is greater, and all prepaid rent, in addition
to any other remedy which the law may provide.
(3) This section shall not apply to premises managed by a court
appointed receiver.
(4) A manager who has complied with ORS 90.305 shall not be liable
for damages under this section if the manager had no knowledge of the
circumstances which gave rise to a duty of disclosure under subsection
(1) of this section.


90.315 Utility or service payments; responsibility; denial of
utility or service; remedies. (1) As used in this section, " utility
or service" includes electricity, natural gas, oil, water, hot water,
heat, air conditioning, sewer service and garbage collection and
disposal.
(2) The landlord shall disclose to the tenant in writing at or
before the commencement of the tenancy any utility or service which
the tenant pays directly to a utility or service provider which
benefits, directly, the landlord or other tenants. A tenant's payment
for a given utility or service benefits the landlord or other tenants
if the utility or service is delivered to any area other than the
tenant's dwelling unit.
(3) If the landlord knowingly fails to disclose those matters
required under subsection (2) of this section, the tenant may recover
twice the actual damages sustained or one month's rent, whichever is
greater.
(4)(a) If a tenant, under the rental agreement, is responsible for a
utility or service and is unable to obtain the service prior to moving
into the premises due to a nonpayment of an outstanding amount due by
a previous tenant or the owner, the tenant may either:
(A) Pay the outstanding amount and deduct the amount from the rent;
(B) Enter into a mutual agreement with the landlord to resolve the
lack of service; or
(C) Immediately terminate the rental agreement by giving the
landlord actual notice and the reason for the termination.
(b) If the tenancy terminates, the landlord shall return all moneys
paid by the tenant as deposits, rent or fees within four days after
termination.
(5) If a tenant, under the rental agreement, is responsible for a
utility or service and is unable to obtain the service after moving
into the premises due to a nonpayment of an outstanding amount due by
a previous tenant or the owner, the tenant may either:
(a) Pay the outstanding amount and deduct the amount from the rent;
or
(b) Terminate the rental agreement by giving the landlord actual
notice 72 hours prior to the date of termination and the reason for
the termination. The tenancy shall not terminate if the landlord
restores service or the availability of service during the 72 hours.
If the tenancy terminates, the tenant may recover actual damages from
the landlord resulting from the shutoff and the landlord shall return:
(A) Within four days after termination, all rent and fees; and
(B) All of the security deposit owed to the tenant under ORS 90.300.
(6) If a landlord, under the rental agreement, is responsible for a
utility or service and the utility or service is shut off due to a
nonpayment of an outstanding amount, the tenant may either:
(a) Pay the outstanding balance and deduct the amount from the rent;
or
(b) Terminate the rental agreement by giving the landlord actual
notice 72 hours prior to the date of termination and the reason for
the termination. The tenancy shall not terminate if the landlord
restores service during the 72 hours. If the tenancy terminates, the
tenant may recover actual damages from the landlord resulting from the
shutoff and the landlord shall return:
(A) Within four days after termination, all rent prepaid for the
month in which the termination occurs prorated from the date of
termination or the date the tenant vacates the premises, whichever is
later, and any other prepaid rent; and
(B) All of the security deposit owed to the tenant under ORS 90.300.
(7) If a landlord fails to return to the tenant the moneys owed as
provided in subsection (4), (5) or (6) of this section, the tenant
shall be entitled to twice the amount wrongfully withheld.
(8) This section does not preclude the tenant from pursuing any
other remedies under this chapter.


90.318 Criteria for landlord's provision of certain recycling
services. (1) In a city or the county within the urban growth boundary
of a city that has implemented multifamily recycling service, a
landlord who has five or more residential dwelling units on a single
premises or five or more manufactured dwellings in a single facility
shall at all times during tenancy provide to all tenants:
(a) A separate location for containers or depots for at least four
principal recyclable materials or for the number of materials required
to be collected under the residential on-route collection program,
whichever is less, adequate to hold the reasonably anticipated volume
of each material;
(b) Regular collection service of the source separated recyclable
materials; and
(c) Notice at least once a year of the opportunity to recycle with a
description of the location of the containers or depots on the
premises and information about how to recycle. New tenants shall be
notified of the opportunity to recycle at the time of entering into a
rental agreement.
(2) As used in this section, "recyclable material" and " source
separate" have the meaning given those terms in ORS 459.005.
<1991 c.385 s16>
90.320 Landlord to maintain premises in habitable condition;
agreement with tenant to maintain premises. (1) A landlord shall at
all times during the tenancy maintain the dwelling unit in a habitable
condition. For purposes of this section, a dwelling unit shall be
considered uninhabitable if it substantially lacks:
(a) Effective waterproofing and weather protection of roof and
exterior walls, including windows and doors;
(b) Plumbing facilities which conform to applicable law in effect at
the time of installation, and maintained in good working order;
(c) A water supply approved under applicable law, which is:
(A) Under the control of the tenant or landlord and is capable of
producing hot and cold running water;
(B) Furnished to appropriate fixtures;
(C) Connected to a sewage disposal system approved under applicable
law; and
(D) Maintained so as to provide safe drinking water and to be in
good working order to the extent that the system can be controlled by
the landlord;
(d) Adequate heating facilities which conform to applicable law at
the time of installation and maintained in good working order;
(e) Electrical lighting with wiring and electrical equipment which
conform to applicable law at the time of installation and maintained
in good working order;
(f) Building, grounds and appurtenances at the time of the
commencement of the rental agreement in every part safe for normal and
reasonably foreseeable uses, clean, sanitary and free from all
accumulations of debris, filth, rubbish, garbage, rodents and vermin,
and all areas under control of the landlord kept in every part safe
for normal and reasonably foreseeable uses, clean, sanitary and free
from all accumulations of debris, filth, rubbish, garbage, rodents and
vermin;
(g)(A) In a city with a population of fewer than 250,000 people, an
adequate number of appropriate receptacles for garbage and rubbish in
clean condition and good repair at the time of the commencement of the
rental agreement, and the landlord shall provide and maintain
appropriate serviceable receptacles thereafter and arrange for their
removal unless the parties by written agreement provide otherwise; or
(B) In a city with a population of more than 250,000 people, an
adequate number of appropriate receptacles for garbage and rubbish in
clean condition and good repair at the time of the commencement of the
rental agreement, and thereafter the landlord shall be responsible for
providing appropriate receptacles, and where individual container
service is provided for the service and removal at least once a week
of containers, including recycling containers, that allow for 30
cumulative gallons of accumulation a week;
(h) Floors, walls, ceilings, stairways and railings maintained in
good repair;
(i) Ventilating, air conditioning and other facilities and
appliances, including elevators, maintained in good repair if supplied
or required to be supplied by the landlord;
(j) Safety from the hazards of fire, including a working smoke
detector, with working batteries provided only at the beginning of any
new tenancy when the tenant first takes possession of the premises, as
provided in ORS 479.270, but not to include the tenant's testing of
the smoke detector as provided in ORS 90.325 (6); or
(k) Working locks for all dwelling entrance doors, and, unless
contrary to applicable law, latches for all windows, by which access
may be had to that portion of the premises which the tenant is
entitled under the rental agreement to occupy to the exclusion of
others and keys for such locks which require keys.
(2) The landlord and tenant may agree in writing that the tenant is
to perform specified repairs, maintenance tasks and minor remodeling
only if:
(a) The agreement of the parties is entered into in good faith and
not for the purpose of evading the obligations of the landlord;

(b) The agreement does not diminish the obligations of the landlord
to other tenants in the premises; and
(c) The terms and conditions of the agreement are clearly and fairly
disclosed and adequate consideration for the agreement is specifically
stated.
(3) Any provisions of this section that reasonably apply only to a
structure that is used as a home, residence or sleeping place shall
not apply to a manufactured dwelling, recreational vehicle,
residential vehicle or floating home where the tenant owns the
manufactured dwelling, recreational vehicle, residential vehicle or
floating home but rents the space.


90.322 Landlord's access to premises; manner of entry; landlord
immunity; injunctive relief. (1) A landlord may enter into the
tenant's dwelling unit or any portion of the premises under the
tenant's exclusive control in order to inspect the premises, make
necessary or agreed repairs, decorations, alterations or improvements,
supply necessary or agreed services, or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers or
contractors. The landlord's right of access is limited as follows:
(a) A landlord may enter upon the premises under the tenant's
exclusive control not including the dwelling unit without consent of
the tenant and without notice to the tenant, for the purpose of
serving notices required or permitted under this chapter, the rental
agreement or any provision of applicable law.
(b) In case of an emergency, a landlord may enter the dwelling unit
or any portion of the premises under a tenant's exclusive control
without consent of the tenant, without notice to the tenant and at any
time. "Emergency" includes but is not limited to a repair problem
that, unless remedied immediately, is likely to cause serious damage
to the premises. If a landlord makes an emergency entry in the
tenant's absence, the landlord shall give the tenant actual notice
within 24 hours after the entry, and the notice shall include the fact
of the entry, the date and time of the entry, the nature of the
emergency and the names of the persons who entered.
(c) If the tenant requests repairs or maintenance in writing, the
landlord or persons acting on behalf of the landlord, without further
notice, may enter upon demand, in the tenant's absence or without the
tenant's consent, for the purpose of making the requested repairs
until the repairs are completed. The tenant's written request may
specify allowable times. Otherwise, the entry must be at a reasonable
time. The authorization to enter provided by the tenant's written
request expires after seven days, unless the repairs are in progress
and the landlord is making a reasonable effort to complete the repairs
in a timely manner. If the person entering to do the repairs is not
the landlord, upon request of the tenant, the person must show the
tenant written evidence from the landlord authorizing that person to
act for the landlord in making the repairs.
(d) A landlord and tenant may agree that the landlord or the
landlord's agent may enter the dwelling unit and the premises without
notice at reasonable times for the purpose of showing the premises to
a prospective buyer, provided that the agreement:
(A) Is executed at a time when the landlord is actively engaged in
attempts to sell the premises;
(B) Is reflected in a writing separate from the rental agreement and
signed by both parties; and
(C) Is supported by separate consideration recited in the agreement.
(e) In all other cases, unless there is an agreement between the
landlord and the tenant to the contrary regarding a specific entry,
the landlord shall give the tenant at least 24 hours' actual notice of
the intent of the landlord to enter and the landlord may enter only at
reasonable times. The landlord may not enter if the tenant, after
receiving the landlord's notice, denies consent to enter. The tenant
must assert this denial of consent by giving actual notice of the
denial to the landlord or the landlord's agent or by attaching a
written notice of the denial in a secure manner to the main entrance
to that portion of the premises or dwelling unit of which the tenant
has exclusive control, prior to or at the time of the landlord's
attempt to enter.
(2) A landlord shall not abuse the right of access or use it to
harass the tenant. A tenant shall not unreasonably withhold consent
from the landlord to enter.
(3) In the case of a facility, the landlord may, upon less than 24
hours' actual notice to the tenant and during reasonable hours, enter
onto the rented space for the purpose of normal maintenance only.
(4) A landlord has no other right of access except:
(a) Pursuant to court order;
(b) As permitted by ORS 90.410 (2); or
(c) When the tenant has abandoned or surrendered the premises.
(5) If a landlord is required by a governmental agency to enter a
dwelling unit or any portion of the premises under a tenant's
exclusive control, but the landlord fails to gain entry after a good
faith effort in compliance with this section, the landlord shall not
be found in violation of any state statute or local ordinance due to
the failure.
(6) If the tenant refuses to allow lawful access, the landlord may
obtain injunctive relief to compel access or may terminate the rental
agreement. In addition, the landlord may recover actual damages.
(7) If the landlord makes an unlawful entry or a lawful entry in an
unreasonable manner or makes repeated demands for entry otherwise
lawful but which has the effect of unreasonably harassing the tenant,
the tenant may obtain injunctive relief to prevent the reoccurrence of
the conduct or may terminate the rental agreement. In addition, the
tenant may recover actual damages not less than an amount equal to one
month's rent.


90.325 Tenant duties. The tenant shall:
(1) Use the parts of the premises including the living room,
bedroom, kitchen, bathroom and dining room in a reasonable manner
considering the purposes for which they were designed and intended;
(2) Keep all areas of the premises under control of the tenant in
every part as clean, sanitary and free from all accumulations of
debris, filth, rubbish and garbage, as the condition of the premises
permits;
(3) Dispose from the dwelling unit all ashes, garbage, rubbish and
other waste in a clean, safe and legal manner. With regard to needles,
syringes and other infectious waste, as defined in ORS 459.386, the
tenant may not dispose of these items by placing them in garbage
receptacles or in any other place or manner except as authorized by
state and local governmental agencies;
(4) Keep all plumbing fixtures in the dwelling unit or used by the
tenant as clean as their condition permits;
(5) Use in a reasonable manner all electrical, plumbing, sanitary,
heating, ventilating, air conditioning and other facilities and
appliances including elevators in the premises;
(6) Test at least once every six months and replace batteries as
needed in any smoke detector provided by the landlord and notify the
landlord in writing of any operating deficiencies as described in ORS
479.275;
(7) Not remove or tamper with a properly functioning smoke detector,
including removing any working batteries, as provided in ORS 479.300;
(8) Not deliberately or negligently destroy, deface, damage, impair
or remove any part of the premises or knowingly permit any person to
do so; and
(9) Conduct the tenant and require other persons on the premises
with the consent of the tenant to conduct themselves in a manner that
will not disturb the neighbors' peaceful enjoyment of the premises.


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


90.360 Effect of landlord noncompliance with rental agreement or
obligation to maintain premises; generally. (1)(a) Except as provided
in this chapter, if there is a material noncompliance by the landlord
with the rental agreement or a noncompliance with ORS 90.320, the
tenant may deliver a written notice to the landlord specifying the
acts and omissions constituting the breach and that the rental
agreement will terminate upon a date not less than 30 days after
delivery of the notice if the breach is not remedied in seven days in
the case of an essential service or 30 days in all other cases, and
the rental agreement shall terminate as provided in the notice subject
to paragraphs (b) to (d) of this subsection. However, in the case of a
week-to-week tenancy, the rental agreement will terminate upon a date
not less than seven days after the landlord's receipt of the notice if
the breach is not remedied.
(b) If the breach is remediable by repairs, the payment of damages
or otherwise and if the landlord adequately remedies the breach before
the date specified in the notice, the rental agreement shall not
terminate by reason of the breach.
(c) If substantially the same act or omission which constituted a
prior noncompliance of which notice was given recurs within six
months, the tenant may terminate the rental agreement upon at least 14
days' written notice specifying the breach and the date of termination
of the rental agreement. However, in the case of a week-to-week
tenancy, the tenant may terminate the rental agreement upon at least
seven days' written notice specifying the breach and date of
termination of the rental agreement.
(d) The tenant may not terminate for a condition caused by the
deliberate or negligent act or omission of the tenant, a member of the
family of the tenant or other person on the premises with the consent
of the tenant.
(2) Except as provided in this chapter, the tenant may recover
damages and obtain injunctive relief for any noncompliance by the
landlord with the rental agreement or ORS 90.320.
(3) The remedy provided in subsection (2) of this section is in
addition to any right of the tenant arising under subsection (1) of
this section.
(4) If the rental agreement is terminated, the landlord shall return
all security deposits and prepaid rent recoverable by the tenant under
ORS 90.300.


90.365 Effect of deliberate refusal or negligent failure of landlord
to supply heat, water, electricity or other essential services;
remedy. (1) If contrary to the rental agreement or ORS 90.320 the
landlord deliberately refuses or is grossly negligent in failing to
supply any essential service, the tenant may give written notice to
the landlord specifying the breach and may:
(a) Procure reasonable amounts of the essential service during the
period of the landlord's noncompliance and deduct their actual and
reasonable cost from the rent;
(b) Recover damages based upon the diminution in the fair rental
value of the dwelling unit; or
(c) Procure reasonable substitute housing during the period of the
landlord's noncompliance, in which case the tenant is excused from
paying rent for the period of the landlord's noncompliance.
(2) In addition to the remedy provided in subsection (1)(c) of this
section the tenant may recover the actual and reasonable cost or fair
and reasonable value of reasonably comparable substitute housing.
(3) If contrary to the rental agreement or ORS 90.320 the landlord
negligently fails to repair any cooking appliance or refrigerator
supplied or required to be supplied by the landlord, or to supply any
other essential service, the tenant may give written notice to the
landlord specifying the breach and may cause the necessary work to be
done in a workmanlike manner and, after submitting to the landlord
receipts or an agreed upon itemized statement, deduct from the rent
the actual and reasonable cost or the fair and reasonable value of the
work not exceeding $500:
(a) The landlord and tenant may agree, at any time, to allow the
tenant to exceed the monetary limits of this subsection when making
reasonable repairs.
(b) Notwithstanding subsection (5)(a) of this section, in case of
emergency, written notice required by this subsection, or attempted
oral notice followed by written notice, may be given as promptly as
the conditions permit.
(c) In the case of a faulty cooking appliance or refrigerator,
"reasonable notice" under subsection (5)(a) of this section shall be
determined in light of the degree to which the tenant has been
deprived of cooking or refrigeration facilities.
(d) This subsection shall not be construed to require a landlord to
supply a cooking appliance or a refrigerator if the landlord did not
supply or agree to supply a cooking appliance or refrigerator to the
tenant.
(4) If the tenant proceeds under this section, the tenant may not
proceed under ORS 90.360 as to that breach.
(5) Rights of the tenant under this section do not arise:
(a) Until the tenant has given reasonable notice under the
circumstances, in writing, to the landlord to enable the landlord to
provide the essential service; or
(b) If the condition was caused by the deliberate or negligent act
or omission of the tenant, a member of the tenant's family or other
person on the premises with the tenant's consent.
(6) Notice required under this section shall be delivered personally
or sent by first class mail.
(7) The landlord may specify people to do all work under this
section as long as the tenant's rights under this section are not
diminished.


90.370 Tenant counterclaims in action by landlord for possession or
rent. (1)(a) In an action for possession based upon nonpayment of the
rent or in an action for rent when the tenant is in possession, the
tenant may counterclaim for any amount, not in excess of the
jurisdictional limits of the court in which the action is brought,
that the tenant may recover under the rental agreement or this
chapter, provided that the tenant must prove that prior to the filing
of the landlord's action the landlord reasonably had or should have
had knowledge or had received actual notice of the facts that
constitute the tenant's counterclaim.
(b) In the event the tenant counterclaims, the court at the
landlord's or tenant's request may order the tenant to pay into court
all or part of the rent accrued and thereafter accruing, and shall
determine the amount due to each party. The party to whom a net amount
is owed shall be paid first from the money paid into court, and shall
be paid the balance by the other party. The court may at any time
release money paid into court to either party if the parties agree or
if the court finds such party to be entitled to the sum so released.
If no rent remains due after application of this section and unless
otherwise agreed between the parties, a judgment shall be entered for
the tenant in the action for possession.
(2) In an action for rent when the tenant is not in possession, the
tenant may counterclaim as provided in subsection (1) of this section
but is not required to pay any rent into court.
(3) If the tenant does not comply with an order to pay rent into the
court as provided in subsection (1) of this section, the tenant shall
not be permitted to assert a counterclaim in the action for
possession.
(4) If the total amount found due to the tenant on any counterclaims
is less than any rent found due to the landlord, and the tenant
retains possession solely because the tenant paid rent into court
under subsection (1) of this section, no attorney fees shall be
awarded to the tenant unless the tenant paid at least the balance
found due to the landlord into court no later than the commencement of
the trial.
(5) When a tenant is granted a continuance for a longer period than
two days, and has not been ordered to pay rent into court under
subsection (1) of this section, the tenant shall be ordered to pay
rent into court under ORS 105.140 (2).


90.375 Effect of unlawful ouster or exclusion; willful diminution of
services. If a landlord unlawfully removes or excludes the tenant from
the premises, seriously attempts or seriously threatens unlawfully to
remove or exclude the tenant from the premises or willfully diminishes
services to the tenant by interrupting or causing the interruption of
heat, running water, hot water, electric or other essential service,
the tenant may obtain injunctive relief to recover possession or may
terminate the rental agreement and recover an amount up to two months'
periodic rent or twice the actual damages sustained by the tenant,
whichever is greater. If the rental agreement is terminated the
landlord shall return all security deposits and prepaid rent
recoverable under ORS 90.300. The tenant need not terminate the rental
agreement, obtain injunctive relief or recover possession to recover
damages under this section.


90.380 Effect of rental of dwelling in violation of building or
housing codes; remedy. (1) If a governmental agency has posted a
dwelling as unlawful to occupy due to the existence of conditions that
violate state or local law and materially affect health or safety, a
landlord shall not enter into a rental agreement for the dwelling unit
until the conditions leading to the posting are corrected.
(2) If a landlord knowingly violates subsection (1) of this section,
the tenant may immediately terminate the tenancy by giving the
landlord actual notice of the termination and the reason for the
termination and may recover either two months' periodic rent or up to
twice the actual damages sustained by the tenant as a result of the
violation, whichever is greater. The tenant need not terminate the
rental agreement to recover damages under this section.
(3) If, after a landlord and a tenant have entered into a rental
agreement, a governmental agency posts a dwelling as unlawful to
occupy due to the existence of conditions that violate state or local
law, that materially affect health or safety and that:
(a) Were not caused by the tenant, the tenant may immediately
terminate the tenancy by giving the landlord actual notice of the
termination and the reason for the termination; or
(b) Were not caused by the landlord or by the landlord's failure to
maintain the dwelling, the landlord may terminate the tenancy by
giving the tenant 24 hours' written notice of the termination and the
reason for the termination, after which the landlord may take
possession in the manner provided in ORS 105.105 to 105.168.
(4) If the tenancy is terminated, as a result of conditions as
described in subsections (1) and (3) of this section, within 14 days
of the notice of termination the landlord shall return to the tenant:
(a) All of the security deposit or prepaid rent owed to the tenant
under ORS 90.300; and
(b) All rent prepaid for the month in which the termination occurs,
prorated to the date of termination or the date the tenant vacates the
premises, whichever is later.
(5) If conditions at premises which existed at the outset of the
tenancy and which were not caused by the tenant pose an imminent and
serious threat to the health or safety of occupants of the premises
within six months from the beginning of the tenancy, the tenant may
immediately terminate the rental agreement by giving the landlord
actual notice of the termination and the reason for the termination.
In addition, if the landlord knew or should have reasonably known of
the existence of the conditions, the tenant may recover either two
months' periodic rent or twice the actual damages sustained by the
tenant as a result of the violation, whichever is greater. The tenant
need not terminate the rental agreement to recover damages under this
section. Within four days of the tenant's notice of termination, the
landlord shall return to the tenant:
(a) All of the security deposit or prepaid rent owed to the tenant
under ORS 90.300; and
(b) All rent prepaid for the month in which the termination occurs,
prorated to the date of termination or the date the tenant vacates the
premises, whichever is later.
(6)(a) A landlord shall return the money due the tenant under
subsections (4) and (5) of this section either by making the money
available to the tenant at the landlord's customary place of business
or by mailing the money by first class mail to the tenant. The money
shall be returned within 14 days if the tenancy is terminated under
subsection (2) or (3) of this section or within four days if the
tenancy is terminated under subsection (5) of this section.
(b) The tenant has the option of choosing the method for return of
any money due under this section. If the tenant fails to choose one of
these methods at the time of giving the notice of termination, the
landlord shall use the mail method, addressed to the tenant's
last-known address and mailed within the relevant period (four or 14
days) following the tenant's notice.
(7) If the landlord fails to comply with subsection (6) of this
section, the tenant may recover the money due in an amount equal to
twice the amount due.


90.385 Retaliatory conduct by landlord prohibited; tenant remedies
and defenses; action for possession in certain cases. (1) Except as
provided in this section, a landlord may not retaliate by increasing
rent or decreasing services, by serving a notice to terminate the
tenancy or by bringing or threatening to bring an action for
possession after:
(a) The tenant has complained to, or expressed to the landlord in
writing an intention to complain to, a governmental agency charged
with responsibility for enforcement of any of the following concerning
a violation applicable to the tenancy:
(A) A building, health or housing code materially affecting health
or safety;
(B) Laws or regulations concerning the delivery of mail; or
(C) Laws or regulations prohibiting discrimination in rental
housing;
(b) The tenant has complained to the landlord of a violation of:
(A) ORS 90.305, 90.315, 90.320, 90.322 or 90.435;
(B) A written rental agreement; or
(C) If there is no written rental agreement, an oral rental
agreement;
(c) The tenant has organized or become a member of a tenants' union
or similar organization;
(d) The tenant has complained to the landlord of a failure to comply
with the notice requirements of ORS 90.240 (5);
(e) The tenant has testified against the landlord in any judicial,
administrative or legislative proceeding; or
(f) The tenant successfully defended an action for possession
brought by the landlord within the previous six months.
(2) If the landlord acts in violation of subsection (1) of this
section the tenant is entitled to the remedies provided in ORS 90.375
and has a defense in any retaliatory action against the tenant for
possession.
(3) Notwithstanding subsections (1) and (2) of this section, a
landlord may bring an action for possession if:
(a) The violation of the applicable building or housing code was
caused primarily by lack of reasonable care by the tenant or other
person in the household of the tenant or upon the premises with the
consent of the tenant;
(b) The tenant is in default in rent; or
(c) Compliance with the applicable building or housing code requires
alteration, remodeling or demolition which would effectively deprive
the tenant of use of the dwelling unit.
(4) For the purposes of subsection (3)(b) of this section, a tenant
who has paid rent into court pursuant to ORS 90.370 shall not be
considered to be in default in rent.
(5) The maintenance of an action under subsection (3) of this
section does not release the landlord from liability under ORS 90.360
(2).


90.390 Discrimination against tenant; tenant defense. (1) A landlord
may not discriminate against a tenant in violation of local, state or
federal law, including ORS 659.033, 659.430, 346.630, 346.660 and
346.690.
(2) If the tenant can prove that the landlord has in fact acted in
violation of subsection (1) of this section the tenant has a defense
in any discriminatory action brought by the landlord against the
tenant for possession, unless the tenant is in default in rent.
<1993 c.369 s24>

90.400 Effect of tenant noncompliance with rental agreement or
failure to maintain premises; failure to pay rent; damage to persons
or property. (1)(a) Except as provided in this chapter, if there is a
material noncompliance by the tenant with the rental agreement, a
noncompliance with ORS 90.325 materially affecting health and safety,
a material noncompliance with a rental agreement regarding a program
of recovery in drug and alcohol free housing or a failure to pay a
late charge pursuant to ORS 90.260, the landlord may deliver a written
notice to the tenant terminating the tenancy for cause as provided in
this subsection. The notice shall specify the acts and omissions
constituting the breach and shall state that the rental agreement will
terminate upon a date not less than 30 days after delivery of the
notice. If the breach is remedial by repairs, payment of damages,
payment of late charge, change in conduct or otherwise, the notice
shall also state that the tenant can avoid termination by remedying
the breach within 14 days.
(b) If the breach is not remedied in 14 days, the rental agreement
shall terminate as provided in the notice subject to paragraphs (c)
and (d) of this subsection.
(c) If the tenant adequately remedies the breach before the date for
remedying the breach as specified in the notice, the rental agreement
shall not terminate.
(d) If substantially the same act or omission which constituted a
prior noncompliance of which notice was given recurs within six
months, the landlord may terminate the rental agreement upon at least
10 days' written notice specifying the breach and the date of
termination of the rental agreement.
(e) In the case of a week-to-week tenancy, the notice periods in:
(A) Paragraph (a) of this subsection shall be changed from 30 days
to seven days and from 14 days to four days;
(B) Paragraph (b) of this subsection shall be changed from 14 days
to four days; and
(C) Paragraph (d) of this subsection shall be changed from 10 days
to four days.
(f) In residential tenancies subject to ORS 90.505 to 90.840, the
time lines provided in paragraphs (b) and (d) of this subsection will
be governed by the time lines in ORS 90.630 (3).

(2) The landlord may immediately terminate the rental agreement for
nonpayment of rent and take possession of the dwelling unit in the
manner provided in ORS 105.105 to 105.168 after written notice, as
follows:
(a) In the case of a week-to-week tenancy, by delivering to the
tenant at least 72 hours' written notice of nonpayment and the
landlord's intention to terminate the rental agreement if the rent is
not paid within that period. The landlord shall give this notice no
sooner than on the fifth day of the rental period, including the first
day the rent is due.
(b) In the case of all other tenancies, by delivering to the tenant:
(A) At least 72 hours' written notice of nonpayment and the
landlord's intention to terminate the rental agreement if the rent is
not paid within that period. The landlord shall give this notice no
sooner than on the eighth day of the rental period, including the
first day the rent is due; or
(B) If a written rental agreement so provides, at least 144 hours'
written notice of nonpayment and the landlord's intention to terminate
the rental agreement if the rent is not paid within that period. The
landlord shall give this notice no sooner than on the fifth day of the
rental period, including the first day the rent is due.
(c) The notices described in this subsection shall also specify the
date and time by which the tenant must pay the rent to cure the
nonpayment of rent.
(3) The landlord, after 24 hours' written notice specifying the
causes, may immediately terminate the rental agreement and take
possession in the manner provided in ORS 105.105 to 105.168, if:
(a) The tenant, someone in the tenant's control or the tenant's pet
seriously threatens immediately to inflict personal injury, or
inflicts any substantial personal injury, upon the landlord or other
tenants;
(b) The tenant, someone in the tenant's control, or the tenant's pet
inflicts any substantial personal injury upon a neighbor living in the
immediate vicinity of the premises or upon a person other than the
tenant on the premises with permission of the landlord or another
tenant;
(c) The tenant or someone in the tenant's control intentionally
inflicts any substantial damage to the premises;
(d) The tenant has vacated the premises, the person in possession is
holding contrary to a written rental agreement that prohibits
subleasing the premises to another or allowing another person to
occupy the premises without the written permission of the landlord,
and the landlord has not knowingly accepted rent from the person in
possession; or
(e) The tenant or someone in the tenant's control commits any act
which is outrageous in the extreme. An "act outrageous in the extreme"
includes, but is not limited to, the following acts which the tenant
or person in the tenant's control has in fact committed on the
premises or in the immediate vicinity of the premises:
(A) Prostitution or promotion of prostitution, as described in ORS
167.007 and 167.012;
(B) Manufacture or delivery of a controlled substance, as described
in ORS 475.005 but not including delivery as described in ORS 475.992
(2)(b);
(C) Intimidation, as described in ORS 166.165; or
(D) Burglary as described in ORS 164.225.
(4) The landlord's 24 hours' written notice given under subsection
(3)(d) of this section shall not be construed as an admission by the
landlord that the individual occupying the premises is a lessee or
sublessee of the landlord.
(5) With regard to "acts outrageous in the extreme" as described in
subsection (3)(e) of this section, an act can be proven to be
outrageous in the extreme even if it is one that does not violate a
criminal statute. In addition, notwithstanding the reference in
subsection (3) of this section to existing criminal statutes, the
landlord's standard of proof in an action for possession under this
subsection remains the civil standard, proof by a preponderance of the
evidence.
(6) If a good faith effort by a landlord to terminate a tenancy
pursuant to subsection (3)(e) of this section and to recover
possession of the rental unit pursuant to ORS 105.105 to 105.168 fails
by decision of the court, the landlord shall not be found in violation
of any state statute or local ordinance requiring the landlord to
remove that tenant upon threat of fine, abatement or forfeiture as
long as the landlord continues to make a good faith effort to
terminate the tenancy.
(7) If a tenant living for less than two years in drug and alcohol
free housing uses, possesses or shares alcohol, illegal drugs,
controlled substances or prescription drugs without a medical
prescription, the landlord may deliver a written notice to the tenant
terminating the tenancy for cause as provided in this subsection. The
notice shall specify the acts constituting the drug or alcohol
violation and shall state that the rental agreement will terminate in
not less than 48 hours after delivery of the notice, at a specified
date and time. The notice shall also state that the tenant can cure
the drug or alcohol violation by a change in conduct or otherwise
within 24 hours after delivery of the notice. If the tenant cures the
violation within the 24-hour period, the rental agreement shall not
terminate. If the tenant does not cure the violation within the
24-hour period, the rental agreement shall terminate as provided in
the notice. If substantially the same act that constituted a prior
drug or alcohol violation of which notice was given reoccurs within
six months, the landlord may terminate the rental agreement upon at
least 24 hours' written notice specifying the violation and the date
and time of termination of the rental agreement. The tenant shall not
have a right to cure such a subsequent violation.
(8) Except as provided in this chapter, a landlord may pursue any
one or more of the remedies listed in this section, simultaneously or
sequentially.
(9) Except as provided in this chapter, the landlord may recover
damages and obtain injunctive relief for any noncompliance by the
tenant with the rental agreement or ORS 90.325.


90.405 Effect of tenant keeping unpermitted pet. (1) If the tenant,
in violation of the rental agreement, keeps on the premises a pet
capable of causing damage to persons or property, the landlord may
deliver a written notice specifying the violation and stating that the
tenancy will terminate upon a date not less than 10 days after the
receipt of the notice unless the tenant removes the pet from the
premises prior to the termination date specified in the notice. If the
pet is not removed by the date specified, the tenancy shall terminate
and the landlord may take possession in the manner provided in ORS
105.105 to 105.168.
(2) If substantially the same act which constituted a prior
noncompliance of which notice was given under subsection (1) of this
section recurs within six months, the landlord may terminate the
rental agreement upon at least 10 days' written notice specifying the
breach and the date of termination of the rental agreement.
(3) This section shall not apply to any tenancy governed by ORS
90.505 to 90.840.


90.410 Effect of tenant's failure to give notice of absence;
absence; abandonment. (1) If the rental agreement requires the tenant
to give actual notice to the landlord of an anticipated extended
absence in excess of seven days as permitted by ORS 90.340 and the
tenant willfully fails to do so, the landlord may recover actual
damages from the tenant.
(2) During any absence of the tenant in excess of seven days, the
landlord may enter the dwelling unit at times reasonably necessary.

(3) If the tenant abandons the dwelling unit, the landlord shall
make reasonable efforts to rent it for a fair rental. If the landlord
rents the dwelling unit for a term beginning before the expiration of
the rental agreement, the rental agreement terminates as of the date
of the new tenancy. If the landlord fails to use reasonable efforts to
rent the dwelling unit at a fair rental or if the landlord accepts the
abandonment as a surrender by an act inconsistent with the existence
of the tenancy, the rental agreement is deemed to be terminated by the
landlord as of the date the landlord knows or should know of the
abandonment. If the tenancy is from month to month or week to week,
the term of the rental agreement for this purpose is deemed to be a
month or a week, as the case may be.


90.415 Right of landlord to terminate tenancy; waiver. (1) Except as
otherwise provided in this section, a landlord waives the right to
terminate a rental agreement for a particular breach if the landlord:
(a) Accepts rent with knowledge of the default by the tenant; or
(b) Accepts performance by a tenant that varies from the terms of
the rental agreement.
(2) A landlord does not waive the right to terminate as described in
subsection (1) of this section if the landlord and tenant agree
otherwise after the breach has occurred.
(3) A landlord's acceptance of partial rent for a rental period is
not a waiver under subsection (1) of this section of the right to
terminate the rental agreement during the rental period for nonpayment
if:
(a) The landlord accepted the partial rent before the landlord gave
any notice of intent to terminate under ORS 90.400 (