Residential Landlord and Tenant

ORS 90.846
Notices and processes in facility transfer

  • remedies


(1)

During the process described in ORS 90.842 (Notice of sale of facility) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility), the parties shall act in a commercially reasonable manner.

(2)

Except as provided in ORS 90.848 (Exceptions to facility transfer requirements), before selling a facility to an entity that is not formed by or associated with the tenants, the owner of the facility must give the notice required by ORS 90.842 (Notice of sale of facility) and comply with the requirements of ORS 90.844 (Procedures for purchase of facility by tenants).

(3)

A minor error in providing the notice required by ORS 90.842 (Notice of sale of facility) or in providing the financial information required by ORS 90.844 (Procedures for purchase of facility by tenants) does not prevent the owner from selling the facility to an entity that is not formed by or associated with the tenants and does not cause the owner to be liable to the tenants for damages or a penalty.

(4)

During the process described in ORS 90.842 (Notice of sale of facility) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility), the owner may seek, or negotiate with, potential purchasers other than the tenants or an entity formed by or associated with the tenants.

(5)

If the owner does not comply with requirements of this section and ORS 90.842 (Notice of sale of facility) and 90.844 (Procedures for purchase of facility by tenants), in a substantial way that prevents the tenants from competing to purchase the facility, the tenants may:

(a)

Obtain injunctive relief to prevent a sale or transfer to an entity that is not formed by or associated with the tenants when the owner has not caused an affidavit to be recorded before the sale or transfer pursuant to ORS 90.850 (Owner affidavit certifying compliance with requirements for sale of facility).

(b)

Recover actual damages or twice the rent from the owner for each tenant, whichever is greater.

(6)

If a tenant misuses or discloses, in a substantial way, confidential information in violation of a confidentiality agreement described in ORS 90.844 (Procedures for purchase of facility by tenants), the owner may recover actual damages from the tenant.

(7)

The Housing and Community Services Department shall prepare and make available information for tenants about purchasing a facility. [2014 c.89 §3; 2019 c.625 §28]
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)


Source

Last accessed
Jun. 26, 2021