ORS 90.262
Use and occupancy rules and regulations; adoption; enforceability; restrictions


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:


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;


It is reasonably related to the purpose for which it is adopted;


It applies to all tenants in the premises in a fair manner;


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;


It is not for the purpose of evading the obligations of the landlord; and


The tenant has written notice of it at the time the tenant enters into the rental agreement, or when it is adopted.


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.


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:


The size of the bedrooms;


The overall size of the dwelling unit; and


Any discriminatory impact on those identified in ORS 659A.421.


As used in this section:


“Bedroom” means a habitable room that:


Is intended to be used primarily for sleeping purposes;


Contains at least 70 square feet; and


Is configured so as to take the need for a fire exit into account.


“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. [Formerly 90.330]

Last accessed
May. 15, 2020