ORS 90.100
Definitions


As used in this chapter, unless the context otherwise requires:

(1)

“Accessory building or structure” means any portable, demountable or permanent structure, including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks, steps, ramps, piers and pilings, that is:

(a)

Owned and used solely by a tenant of a manufactured dwelling or floating home; or

(b)

Provided pursuant to a written rental agreement for the sole use of and maintenance by a tenant of a manufactured dwelling or floating home.

(2)

“Action” includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.

(3)

“Applicant screening charge” means any payment of money required by a landlord of an applicant prior to entering into a rental agreement with that applicant for a residential dwelling unit, the purpose of which is to pay the cost of processing an application for a rental agreement for a residential dwelling unit.

(4)

“Attorney” includes an associate member of the Oregon State Bar practicing law within the member’s approved scope of practice.

(5)

“Bias crime” has the meaning given that term in ORS 147.380 (Service referral for bias incidents).

(6)

“Building and housing codes” includes 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.

(7)

“Carbon monoxide alarm” has the meaning given that term in ORS 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725).

(8)

“Carbon monoxide source” has the meaning given that term in ORS 105.836 (Definitions for ORS 105.836 to 105.842 and 476.725).

(9)

“Conduct” means the commission of an act or the failure to act.

(10)

“DBH” means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side.

(11)

“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.

(12)

“Domestic violence” means:

(a)

Abuse between family or household members, as those terms are defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735); or

(b)

Abuse, as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735), between partners in a dating relationship.

(13)

“Drug and alcohol free housing” means a dwelling unit described in ORS 90.243 (Qualifications for drug and alcohol free housing).

(14)

“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 or recreational vehicle or regarding a person who rents moorage space for a floating home as defined in ORS 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870), but does not rent the home, means the space rented and not the manufactured dwelling, recreational vehicle or floating home itself.

(15)

“Essential service” means:

(a)

For a tenancy not consisting of rental space for a manufactured dwelling, floating home or recreational vehicle owned by the tenant and not otherwise subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility):

(A)

Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows and any cooking appliance or refrigerator supplied or required to be supplied by the landlord; and

(B)

Any other service or habitability obligation imposed by the rental agreement or ORS 90.320 (Landlord to maintain premises in habitable condition), the lack or violation of which creates a serious threat to the tenant’s health, safety or property or makes the dwelling unit unfit for occupancy.

(b)

For a tenancy consisting of rental space for a manufactured dwelling, floating home or recreational vehicle owned by the tenant or that is otherwise subject to ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility):

(A)

Sewage disposal, water supply, electrical supply and, if required by applicable law, any drainage system; and

(B)

Any other service or habitability obligation imposed by the rental agreement or ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the lack or violation of which creates a serious threat to the tenant’s health, safety or property or makes the rented space unfit for occupancy.

(16)

“Facility” means a manufactured dwelling park or a marina.

(17)

“Fee” means a nonrefundable payment of money.

(18)

“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.

(19)

“Fixed term tenancy” means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination.

(20)

“Floating home” has the meaning given that term in ORS 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870). “Floating home” includes an accessory building or structure.

(21)

“Good faith” means honesty in fact in the conduct of the transaction concerned.

(22)

“Hazard tree” means a tree that:

(a)

Is located on a rented space in a manufactured dwelling park;

(b)

Measures at least eight inches DBH; and

(c)

Is considered, by an arborist licensed as a landscape construction professional pursuant to ORS 671.560 (Issuance of license) and certified by the International Society of Arboriculture, to pose an unreasonable risk of causing serious physical harm or damage to individuals or property in the near future.

(23)

“Hotel or motel” means “hotel” as that term is defined in ORS 699.005 (Definitions).

(24)

“Informal dispute resolution” includes voluntary consultation between the landlord or landlord’s agent and one or more tenants or voluntary mediation utilizing the services of a third party, but does not include mandatory mediation or arbitration.

(25)

“Landlord” means the owner, lessor or sublessor of the dwelling unit or the building or premises of which it is a part. “Landlord” includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement.

(26)

“Landlord’s agent” means a person who has oral or written authority, either express or implied, to act for or on behalf of a landlord.

(27)

“Last month’s rent deposit” means a type of security deposit, however designated, the primary function of which is to secure the payment of rent for the last month of the tenancy.

(28)

“Manufactured dwelling” means a residential trailer, a mobile home or a manufactured home as those terms are defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285) or a prefabricated structure. “Manufactured dwelling” includes an accessory building or structure.

(29)

“Manufactured dwelling park” means 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 charge or fee.

(30)

“Marina” means 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 charge or fee.

(31)

“Marina purchase association” means a group of three or more tenants who reside in a marina and have organized for the purpose of eventual purchase of the marina.

(32)

“Month-to-month tenancy” means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties.

(33)

“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.

(34)

“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.

(35)

“Person” includes an individual or organization.

(36)

“Prefabricated structure” means a structure that is substantially constructed or assembled using closed construction at an off-site location in compliance with the state building code and that is sited and occupied by the owner in compliance with local codes.

(37)

“Premises” means:

(a)

A dwelling unit and the structure of which it is a part and facilities and appurtenances therein;

(b)

Grounds, areas and facilities held out for the use of tenants generally or the use of which is promised to the tenant; and

(c)

A facility for manufactured dwellings or floating homes.

(38)

“Prepaid rent” means any payment of money to the landlord for a rent obligation not yet due. In addition, “prepaid rent” means rent paid for a period extending beyond a termination date.

(39)

“Recreational vehicle” has the meaning given that term in ORS 174.101 (“Manufactured structure,” “recreational vehicle” defined).

(40)

“Recreational vehicle park” has the meaning given that term in ORS 197.492 (Definitions for ORS 197.492 and 197.493).

(41)

Intentionally left blank —Ed.

(a)

“Rent” means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises.

(b)

“Rent” does not include security deposits, fees or utility or service charges as described in ORS 90.315 (Utility or service payments) (4) and 90.562 (Utility and service charges).

(42)

“Rental agreement” means all agreements, written or oral, and valid rules and regulations adopted under ORS 90.262 (Use and occupancy rules and regulations) or 90.510 (Statement of policy) (6) embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. “Rental agreement” includes a lease. A rental agreement is either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.

(43)

“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.

(44)

“Screening or admission criteria” means a written statement of any factors a landlord considers in deciding whether to accept or reject an applicant and any qualifications required for acceptance. “Screening or admission criteria” includes, but is not limited to, the rental history, character references, public records, criminal records, credit reports, credit references and incomes or resources of the applicant.

(45)

“Security deposit” means a refundable 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. “Security deposit” does not include a fee.

(46)

“Sexual assault” has the meaning given that term in ORS 147.450 (Definitions).

(47)

“Squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. “Squatter” does not include a tenant who holds over as described in ORS 90.427 (Termination of tenancy without tenant cause) (11).

(48)

“Stalking” means the behavior described in ORS 163.732 (Stalking).

(49)

“Statement of policy” means the summary explanation of information and facility policies to be provided to prospective and existing tenants under ORS 90.510 (Statement of policy).

(50)

“Surrender” means an agreement, express or implied, as described in ORS 90.148 (Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy) between a landlord and tenant to terminate a rental agreement that gave the tenant the right to occupy a dwelling unit.

(51)

“Tenant”:

(a)

Except as provided in paragraph (b) of this subsection:

(A)

Means a person, including a roomer, entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, including a dwelling unit owned, operated or controlled by a public housing authority.

(B)

Means a minor, as defined and provided for in ORS 109.697 (Right to contract for dwelling unit and utilities without parental consent).

(b)

For purposes of ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility), means 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.

(c)

Does not mean a guest or temporary occupant.

(52)

“Transient lodging” means a room or a suite of rooms.

(53)

“Transient occupancy” means occupancy in transient lodging that 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.

(54)

“Vacation occupancy” means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that:

(a)

Has all of the following characteristics:

(A)

The occupant rents the unit for vacation purposes only, not as a principal residence;

(B)

The occupant has a principal residence other than at the unit; and

(C)

The period of authorized occupancy does not exceed 45 days; or

(b)

Is for the rental of a space in a recreational vehicle park on which a recreational vehicle owned by the occupant will be located and for which:

(A)

The occupant rents the unit for vacation purposes only, not as a principal residence;

(B)

The occupant has a principal residence other than at the space;

(C)

The period of authorized occupancy does not exceed 90 days;

(D)

The recreational vehicle is required to be removed from the park at the end of the occupancy period before a new occupancy may begin; and

(E)

A written agreement is signed by the occupant that substantially states: “Your occupancy of this recreational vehicle park is a vacation occupancy and is NOT subject to the Oregon Residential Landlord and Tenant Act (ORS chapter 90).”

(55)

“Victim” means:

(a)

The person against whom an incident related to domestic violence, sexual assault, bias crime or stalking is perpetrated; or

(b)

The parent or guardian of a minor household member against whom an incident related to domestic violence, sexual assault, bias crime or stalking is perpetrated, unless the parent or guardian is the perpetrator.

(56)

“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 fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS 90.295 (Applicant screening charges). [Formerly 91.705; 1991 c.844 §3; 1993 c.369 §1; 1995 c.324 §1; 1995 c.559 §1; 1997 c.577 §1; 1999 c.676 §§7,7a; 2001 c.596 §27; 2003 c.378 §8; 2005 c.22 §57; 2005 c.41 §1; 2005 c.619 §15; 2007 c.508 §7; 2007 c.906 §6; 2009 c.431 §7; 2009 c.816 §16; 2011 c.42 §11; 2013 c.294 §14; 2013 c.443 §1; 2014 c.89 §12; 2019 c.1 §6; 2019 c.422 §28; 2019 c.625 §49; 2021 c.260 §12; 2023 c.72 §45; 2023 c.250 §1; 2023 c.549 §1]
Note: Sections 6 and 7, chapter 39, Oregon Laws 2021, provide:
Sec. 6. Section 7 of this 2021 Act is added to and made a part of ORS chapter 90. [2021 c.39 §6]
Sec. 7. Consumer credit reporting for nonpayment during 2020-2021 emergency period. A landlord may not report to any consumer credit reporting agency a tenant’s nonpayment of rent, charges or fees that accrued on or after April 1, 2020, and before July 1, 2021. [2021 c.39 §7]

Notes of Decisions

In definition of “tenant,” reference to occupying dwelling to exclusion of others means to exclusion of public, not to exclusion of other tenants. Torbeck v. Chamberlain, 138 Or App 446, 910 P2d 389 (1996), Sup Ct review denied

Occasional use of boat for transportation does not disqualify boat used primarily as domicile from definition of “floating home”. Ramsum v. Woldridge, 222 Or App 109, 192 P3d 851 (2008)

90.100
Definitions
90.105
Short title
90.110
Exclusions from application of this chapter
90.112
Maximum occupancy limit
90.113
Additional exclusion from application of chapter
90.115
Territorial application
90.120
Applicability of other statutory lien, tenancy and rent provisions
90.125
Administration of remedies
90.130
Obligation of good faith
90.135
Unconscionability
90.140
Types of payments landlord may require or accept
90.145
Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord
90.147
Delivery of possession
90.148
Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy
90.150
Service or delivery of actual notice
90.155
Service or delivery of written notice
90.160
Calculation of periods or notices
90.220
Terms and conditions of rental agreement
90.222
Renter’s liability insurance
90.228
Notice of location in 100-year flood plain
90.230
Rental agreements for occupancy of recreational vehicle in park
90.243
Qualifications for drug and alcohol free housing
90.245
Prohibited provisions in rental agreements
90.250
Receipt of rent without obligation to maintain premises prohibited
90.255
Attorney fees
90.260
Late rent payment charge or fee
90.262
Use and occupancy rules and regulations
90.263
Vehicle tags
90.265
Interest in alternative energy device installed by tenant
90.275
Temporary occupancy agreement
90.295
Applicant screening charges
90.297
Prohibition on charging deposit or fee to enter rental agreement
90.300
Security deposits
90.302
Fees allowed for certain landlord expenses
90.303
Evaluation of applicant
90.304
Statement of reasons for denial
90.305
Disclosure of certain matters
90.310
Disclosure of legal proceedings
90.315
Utility or service payments
90.316
Carbon monoxide alarm
90.317
Repair or replacement of carbon monoxide alarm
90.318
Criteria for landlord provision of certain recycling services
90.320
Landlord to maintain premises in habitable condition
90.322
Landlord or agent access to premises
90.323
Maximum rent increase
90.324
Calculation of maximum rent increase
90.325
Tenant duties
90.340
Occupancy of premises as dwelling unit only
90.355
Portable cooling device allowed
90.358
Dwelling use as family child care home allowed
90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain premises
90.365
Failure of landlord to supply essential services
90.367
Application of security deposit or prepaid rent after notice of foreclosure
90.368
Repair of minor habitability defect
90.370
Tenant counterclaims in action by landlord for possession or rent
90.375
Effect of unlawful ouster or exclusion
90.380
Effect of rental of dwelling in violation of building or housing codes
90.385
Retaliatory conduct by landlord
90.390
Discrimination against tenant or applicant
90.391
Information to veterans required in notice
90.392
Termination of tenancy for cause
90.394
Termination of tenancy for failure to pay rent
90.395
Required delivery of notice of rental assistance and support services before termination for nonpayment
90.396
Acts or omissions justifying termination 24 hours after notice
90.398
Termination of tenancy for drug or alcohol violations
90.401
Remedies available to landlord
90.403
Taking possession of premises from unauthorized possessor
90.405
Effect of tenant keeping unpermitted pet
90.410
Effect of tenant failure to give notice of absence
90.412
Waiver of termination of tenancy
90.414
Acts not constituting waiver of termination of tenancy
90.417
Duty to pay rent
90.420
Enforceability of landlord liens
90.425
Disposition of personal property abandoned by tenant
90.427
Termination of tenancy without tenant cause
90.429
Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850
90.430
Claims for possession, rent, damages after termination of rental agreement
90.435
Limitation on recovery of possession of premises
90.440
Termination of tenancy in group recovery home
90.445
Termination of tenant who commits criminal act of physical violence
90.449
Landlord discrimination against victim
90.453
Release of victim from tenancy
90.456
Continuing tenancy after release of victim
90.459
Change of locks at request of victim
90.460
Alternate exit from bedroom required
90.462
Electric vehicle charging stations
90.465
Right of city to recover from owner for costs of relocating tenant due to condemnation
90.472
Termination by tenant called into active state service by Governor
90.475
Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration
90.485
Restrictions on landlord removal of vehicle
90.490
Prohibited acts in anticipation of notice of conversion to condominium
90.493
Prohibited acts following notice of conversion to condominium
90.505
Definitions for ORS 90.505 to 90.850
90.510
Statement of policy
90.512
Definitions for ORS 90.514 and 90.518
90.514
Disclosure to prospective tenant of improvements required under rental agreement
90.516
Model statement for disclosure of improvements required under rental agreement
90.518
Provider statement of estimated cost of improvements
90.525
Unreasonable conditions of rental or occupancy prohibited
90.527
Renter’s liability insurance in park
90.528
Use of common areas or facilities
90.530
Pets in facilities
90.545
Fixed term tenancy expiration
90.550
Permissible forms of tenancy
90.555
Subleasing agreements
90.560
Definitions for ORS 90.560 to 90.584
90.562
Utility and service charges
90.564
Charge for cable, satellite or Internet
90.566
Conversion to direct billing for garbage service
90.568
Pro rata billing
90.570
Public service charge pro rata apportionment
90.572
Submeter billing
90.574
Conversion to submeter or pro rata billing for water
90.576
Legislative findings
90.578
Conversion to submeter or direct billing for large parks
90.580
Entry to read submeter
90.584
Park specific billing for water
90.600
Increases in rent
90.605
Persons authorized to receive notice and demands on landlord’s behalf
90.610
Notice of proposed change in rule or regulation
90.620
Termination by tenant
90.630
Termination by landlord
90.632
Termination of tenancy due to physical condition of manufactured dwelling or floating home
90.634
Prohibition against lien for rent
90.640
Park damaged by natural disaster
90.643
Conversion of park to planned community subdivision of manufactured dwellings
90.645
Closure of park
90.650
Notice of tax provisions to tenants of closing park
90.655
Park closure notice to nontenants
90.660
Local regulation of park closures
90.671
Closure of marina
90.675
Disposition of manufactured dwelling or floating home left in facility
90.680
Sale of dwelling or home on rented space
90.710
Causes of action
90.720
Action to enjoin violation of ORS 90.750 or 90.755
90.725
Landlord or agent access to rented space
90.727
Maintenance of trees in rented spaces
90.729
Temporary movement of floating home
90.730
Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition
90.732
Landlord registration
90.734
Manager or owner continuing education requirements
90.736
Civil penalties
90.738
Enforcement of registration and education requirements
90.740
Tenant obligations
90.750
Right to assemble or canvass in facility
90.755
Right to speak on political issues
90.765
Prohibitions on retaliatory conduct by landlord
90.767
Mandatory mediation
90.769
Informal dispute resolution
90.771
Confidentiality of information regarding disputes
90.775
Rules
90.800
Policy
90.840
Park purchase funds, loans
90.842
Notice of sale of facility
90.844
Procedures for purchase of facility by tenants
90.846
Notices and processes in facility transfer
90.848
Exceptions to facility transfer requirements
90.849
Notice of conveyance
90.850
Owner affidavit certifying compliance with requirements for sale of facility
90.860
Definitions for ORS 90.865 to 90.875
90.865
Dealer notice of rent payments and financing
90.870
Manner of giving notice
90.875
Remedy for failure to give notice
Green check means up to date. Up to date