ORS 90.555
Subleasing agreements


(1)

As used in this section:

(a)

“Actively markets for sale” means that the facility tenant:

(A)

Places a for-sale sign on the dwelling or home;

(B)

Retains a broker, real estate agent, or manufactured structure dealer to assist in the sale; and

(C)

Advertises the dwelling or home for sale in a newspaper or online.

(b)

“Facility landlord” means the landlord of the facility.

(c)

“Facility tenant” means the owner of the manufactured dwelling or floating home, who is the tenant of the facility landlord under the rental agreement.

(d)

“Rental agreement” means the rental agreement between the facility landlord and facility tenant.

(e)

“Renter” means a person other than the facility tenant who is lawfully occupying the manufactured dwelling or floating home under a subleasing agreement.

(f)

“Subleasing agreement” means the written agreement between the facility landlord, facility tenant, and renter concerning the occupancy of the renter and the rights of the parties.

(2)

A facility tenant may not rent the facility tenant’s manufactured dwelling or floating home to another person for a period exceeding three days unless the facility landlord, facility tenant and renter enter into a written subleasing agreement specifying the rights and obligations of the facility landlord, facility tenant and renter during the renter’s occupancy of the dwelling or home. The subleasing agreement shall require the renter to timely pay to the facility landlord the space rent, any separately assessed fees payable under the rental agreement and any separately billed utility or service charge described in ORS 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water). The subleasing agreement shall also grant the renter the same rights as the facility tenant to cure a violation of the rental agreement for the facility space, to require the facility landlord to comply with ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) and to be protected from retaliatory conduct under ORS 90.765 (Prohibitions on retaliatory conduct by landlord). This subsection does not authorize a facility tenant to sublease to a renter in violation of the rental agreement.

(3)

Notwithstanding ORS 90.100 (Definitions) (47), a facility tenant who enters into a subleasing agreement remains the tenant of the facility space and retains all rights and obligations under the rental agreement and this chapter. The occupancy by a renter does not constitute abandonment of the dwelling or home by the facility tenant.

(4)

The rights and obligations of the renter under a subleasing agreement are in addition to the rights and obligations retained by the facility tenant under subsection (3) of this section and any rights or obligations of the facility tenant and renter under ORS 90.100 (Definitions) to 90.465 (Right of city to recover from owner for costs of relocating tenant due to condemnation).

(5)

Unless otherwise provided in the subleasing agreement, and without regard to whether the facility landlord terminates the rental agreement, a facility landlord may terminate a subleasing agreement:

(a)

Without cause by giving the renter written notice not less than 30 days prior to the termination;

(b)

If a condition described in ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b) exists for the facility space, by giving the renter the same notice to which the facility tenant is entitled under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b); or

(c)

Subject to the right to cure:

(A)

For nonpayment of facility space rent under ORS 90.394 (Termination of tenancy for failure to pay rent) or 90.630 (Termination by landlord); or

(B)

For any conduct by the renter that would be a violation of the rental agreement under ORS 90.396 (Acts or omissions justifying termination 24 hours after notice) or 90.398 (Termination of tenancy for drug or alcohol violations) if committed by the facility tenant.

(6)

Upon termination of a subleasing agreement by the facility landlord, whether with or without cause, the renter and the facility tenant are excused from continued performance under any subleasing agreement.

(7)

(a) If, during the term of a subleasing agreement, the facility landlord gives notice to the facility tenant of a rental agreement violation, a law or ordinance violation or the facility’s closure, conversion or sale, the landlord shall also promptly give a copy of the notice to the renter. The giving of notice to the renter does not constitute notice to the facility tenant unless the facility tenant has expressly appointed the renter as the facility tenant’s agent for purposes of receiving notice.

(b)

If the facility landlord gives notice to the renter that the landlord is terminating the subleasing agreement, the landlord shall also promptly give a copy of the notice to the facility tenant by written notice.

(c)

If, during the term of a subleasing agreement, the facility tenant gives notice to the facility landlord of a rental agreement violation, termination of tenancy or sale of the manufactured dwelling or floating home, the facility tenant shall also promptly give a copy of the notice to the renter.

(d)

If the renter gives notice to the facility landlord of a violation of ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the renter shall also promptly give a copy of the notice to the facility tenant.

(8)

Before entering into a sublease agreement, the facility landlord may screen a renter under ORS 90.303 (Evaluation of applicant), but may not apply to the renter credit and conduct screening criteria that is more restrictive than the landlord applies to applicants for a tenancy of a dwelling or home that is either owned by the landlord or on consignment with the landlord under ORS 90.680 (Sale of dwelling or home on rented space).

(9)

Notwithstanding subsection (2) of this section, if a facility landlord rents or has a policy of renting manufactured dwellings or floating homes that are listed for sale by the facility landlord, the facility landlord may not prohibit the facility tenant from entering into a subleasing agreement while the facility tenant actively markets for sale the facility tenant’s manufactured dwelling or floating home. [2007 c.831 §2; 2011 c.42 §12; 2013 c.443 §10; 2015 c.217 §8; 2019 c.268 §3; 2019 c.625 §55]
Chapter 90

Notes of Decisions

The prevailing party in an action brought under this Act is entitled to attorney fees. Executive Management v. Juckett, 274 Or 515, 547 P2d 603 (1976)

Damages for mental distress are not recoverable under this Act. Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), as modified by 35 Or App 829, 578 P2d 467 (1978)

Where tenant terminates residential tenancy but then holds over wrongfully, landlord need not give any notice to tenant as prerequisite to maintaining action for possession. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

Landlord may waive statutory right to 30 days’ written notice from tenant. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

This act does not provide for recovery of punitive damages. Brewer v. Erwin, 287 Or 435, 600 P2d 398 (1979)

As this act is not penal, it is not subject to attack for vagueness. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Distinction in this act between residential and nonresidential tenancies is not irrational, arbitrary or unreasonable under United States or Oregon Constitution. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Residential Landlord and Tenant Act does not supersede common law in all aspects of personal injury liability. Bellikka v. Green, 306 Or 630, 762 P2d 997 (1988)

Where jury returned general verdict for defendant and court refused to award defendant attorney fees, defendant has right, absent “unusual circumstances,” to receive attorney fees for damages for prevailing on personal injury claim. Steininger v. Tosch, 96 Or App 493, 773 P2d 15 (1989), Sup Ct review denied

Where tenants counterclaim for injunctive relief and damages after landlord sent 30-day, no-cause eviction notice, before awarding attorney fees, district court must determine whether landlord or tenants have right to possession of house and whether tenants’ right to assert counterclaim is provided by statute. Edwards v. Fenn, 308 Or 129, 775 P2d 1375 (1989)

Atty. Gen. Opinions

Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869; applicability to university housing and properties, (1976) Vol 37, p 1297

Law Review Citations

56 OLR 655 (1977); 16 WLR 275 (1979); 16 WLR 835 (1980)


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Last accessed
May. 15, 2020