Oregon Revised Statutes
Park & Marina ORS Chapter 90 Library
124 statute sections for manufactured dwelling park and marina space tenancies (you own the home and rent the space). Not a guide to apartment rentals. Educational use only — not legal advice.
Not legal advice. OSTA is educational advocacy, not a law firm. This page is general information for Oregon manufactured dwelling park and marina tenancies — you own the home and rent the space (ORS 90.505–90.850). It does not apply to apartment or other standard ORS 90.100–90.465 rentals. It is not legal advice. Talk with an attorney about your situation.
General Provisions (90.100-90.160)
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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 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…
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ORS 90.105
Short title
This chapter shall be known and may be cited as the "Residential Landlord and Tenant Act." [Formerly 91.700]
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ORS 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.…
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ORS 90.112
Maximum occupancy limit
A maximum occupancy limit may not be established or enforced by any local government, as defined in ORS 197.015, for any residential dwelling unit, as defined in ORS 90.100, if the restriction is based on the familial or nonfamilial relationships among any occupants.…
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ORS 90.113
Additional exclusion from application of chapter
Residence in a licensed program, facility or home described in ORS 430.306 to 430.375, 430.380, 430.381, 430.397 to 430.401, 430.405 to 430.565, 430.570, 430.590, 430.709, 443.400 to 443.455, 443.705 to 443.825 or 443.835 is not governed by this chapter. [2007 c.715 §2; 2009 c.595 §58]
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ORS 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. [Formerly 91.715]
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ORS 90.120
Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.465 and 90.505 to 90.850
ORS 90.120 — Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.465 and 90.505 to 90.850 (1) The provisions of ORS 87.152 to 87.212, 91.010 to 91.110, 91.130, 91.210 and 91.220 do not apply to the rights and obligations of landlords and tenants governed by this chapter.…
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ORS 90.125
Administration of remedies; enforcement
ORS 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. [Formerly 91.725]
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ORS 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. [Formerly 91.730]
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ORS 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 forgo a claim or right u…
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ORS 90.140
Types of payments landlord may require or accept; written evidence of payment
(1) A landlord may require or accept the following types of payments: (a) Applicant screening charges, pursuant to ORS 90.295; (b) Deposits to secure the execution of a rental agreement, pursuant to ORS 90.297; (c) Security deposits, pursuant to ORS 90.300; (d) Fees, pursuant to ORS 90.302; (e) Rent, as defined in ORS 90.100; (f) Prepaid rent, as defined in ORS 90.100; (g) Utility or service charges, pursuant to ORS…
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ORS 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 is not an employee of the landlord.…
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ORS 90.147
Delivery of possession
ORS 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.…
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ORS 90.148
Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy
The surrender of a dwelling unit may be implied from the landlord's acceptance of a tenant's abandonment or relinquishment of the right to occupy. The landlord's acceptance may be demonstrated by acts of the landlord that are inconsistent with the existence of the tenancy.…
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ORS 90.150
Service or delivery of actual notice
ORS 90.150 Service or delivery of actual notice When this chapter requires actual notice, service or delivery of that notice shall be executed by one or more of the following methods: (1) Verbal notice that is given personally to the landlord or tenant or left on the landlord's or tenant's telephone answering device.…
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ORS 90.155
Service or delivery of written notice
(1) Except as provided in ORS 90.300, 90.315, 90.425 and 90.675, where this chapter requires written notice, service or delivery of that written notice shall be executed by one or more of the following methods: (a) Personal delivery to the landlord or tenant. (b) First class mail to the landlord or tenant. (c) If allowed under a written rental agreement, both first class mail and attachment to a designated location.…
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ORS 90.160
Calculation of periods or notices
Notwithstanding ORCP 10: (1) For references in this chapter to periods or notices based on a number of days, those days must be calculated by consecutive calendar days, not including the initial day of service, but including the last day until 11:59 p.m.…
Applicant Screening & Deposits (90.295-90.325)
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ORS 90.324
Calculation of maximum rent increase; publication
DAS calculates the maximum annual rent increase by September 30 for the following calendar year. For manufactured dwelling park and marina space rent under ORS 90.600(1): 6% if the facility has more than 30 spaces; if 30 or fewer spaces, the lesser of 10% or 7% plus West Region CPI (DAS published 9.5% for 2026). Confirm current figures on the DAS Rent Stabilization page. These percentages apply to park and marina space tenancies, not apartment rentals.
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ORS 90.295
Applicant screening charges; screening criteria
(1)(a) A landlord may require payment of an applicant screening charge solely to cover the costs of obtaining information about an applicant as the landlord processes the application for a rental agreement. This activity is known as screening and includes but is not limited to checking references and obtaining a consumer credit report or tenant screening report.…
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ORS 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 may 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.…
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ORS 90.300
Security deposits; prepaid rent
(1) As used in this section, "security deposit" includes any last month's rent deposit. (2) Intentionally left blank —Ed. (a) Except as otherwise provided in this section, a landlord may require a tenant to pay a security deposit. The landlord shall provide the tenant with a receipt for any security deposit the tenant pays.…
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ORS 90.302
Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies
(1) A landlord may not charge a fee at the beginning of the tenancy for an anticipated landlord expense and may not require the payment of any fee except as provided in this section. A fee must be described in a written rental agreement. (2) A landlord may charge a tenant a fee for each occurrence of the following: (a) A late rent payment, pursuant to ORS 90.260. (b) A dishonored check, pursuant to ORS 30.701 (5).…
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ORS 90.303
Evaluation of applicant
(1) When evaluating an applicant, a landlord may not consider a previous action to recover possession pursuant to ORS 105.100 to 105.168 if the action: (a) Was dismissed or resulted in a general judgment for the applicant before the applicant submits the application.…
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ORS 90.304
Statement of reasons for denial; remedy
(1) If a landlord denies an application after the landlord's application of screening or admissions criteria, within 14 days of the denial the landlord must provide the applicant with a written statement of one or more reasons for the denial. (2) The landlord's statement of reasons for denial required by subsection (1) of this section may consist of a form with one or more reasons checked off.…
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ORS 90.305
Disclosure of certain matters; retention of rental agreement; inspection of agreement
ORS 90.305 Disclosure of certain matters; retention of rental agreement; inspection of agreement (1) 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…
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ORS 90.318
Criteria for landlord 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 materials designated for recycling collection…
Manufactured Dwelling Parks & Marinas (90.505-90.584)
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ORS 90.505
Definitions for ORS 90.505 to 90.850; application of statutes
(1) As used in ORS 90.505 to 90.850: (a) "Deterioration": (A) Includes a collapsing or failing staircase or railing, one or more holes in a wall or roof, an inadequately supported window air conditioning unit, falling gutters, siding or skirting, or paint that is peeling or faded as to threaten the useful life or integrity of the siding. (B) Does not include aesthetic or cosmetic concerns.…
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ORS 90.510
Statement of policy; rental agreement; rules and regulations; remedies
(1) Every landlord who rents a space for a manufactured dwelling or floating home shall provide a written statement of policy to prospective and existing tenants. The purpose of the statement of policy is to provide disclosure of the landlord's policies to prospective tenants and to existing tenants who have not previously received a statement of policy. The statement of policy is not a part of the rental agreement.…
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ORS 90.512
Definitions for ORS 90.514 and 90.518
As used in this section and ORS 90.514, 90.516 and 90.518: (1) "Buyer" has the meaning given that term in ORS 72.1030. (2) "Converted rental space" means a rental lot that is located in a subdivision created as provided under ORS 92.010 to 92.192. (3) "Improvements" has the meaning given that term in ORS 646A.050.…
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ORS 90.514
Disclosure to prospective tenant of improvements required under rental agreement
(1) Before a prospective tenant signs a rental agreement for space in a manufactured dwelling park or for a converted rental space, the landlord must provide the prospective tenant with a written statement that discloses the improvements that the landlord will require under the rental agreement.…
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ORS 90.516
Model statement for disclosure of improvements required under rental agreement
The Attorney General, by rule, shall adopt a model written statement for use by manufactured dwelling park and converted rental space landlords pursuant to ORS 90.514. [2001 c.282 §5; 2005 c.41 §5]
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ORS 90.518
Provider statement of estimated cost of improvements
(1) A provider shall give the buyer a statement of estimated costs for all improvements to be made under a contract between the buyer and the provider. The provider shall deliver the statement of estimated costs to the buyer before work commences on any of the improvements covered by the contract.…
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ORS 90.525
Unreasonable conditions of rental or occupancy prohibited; notice of rights
(1) A landlord may not impose conditions of rental or occupancy which unreasonably restrict the tenant or prospective tenant in choosing a fuel supplier, furnishings, goods, services or accessories. (2) A landlord may not prohibit a tenant from engaging a real estate agent or a licensed manufactured structure dealer of the tenant's choice to facilitate the sale or sublease allowed under ORS 90.555 of the tenant's man…
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ORS 90.527
Renter's liability insurance in park
(1) A landlord may require a tenant in a manufactured dwelling park to obtain and maintain renter's liability insurance only if: (a) The insurance requirement is in the park's statement of policy and in the written rental agreement. (b) The landlord obtains and maintains comparable liability insurance.…
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ORS 90.528
Use of common areas or facilities
(1) A landlord who rents a space for a manufactured dwelling may require a deposit for the use of common areas or facilities by a tenant or tenants. The amount of any deposit charged for the use of common areas or facilities shall be reasonably based on the potential cleaning cost or other costs associated with the use of the area or facility.…
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ORS 90.530
Pets in facilities; rental agreements; violations
(1) Notwithstanding a change in the rules and regulations of a manufactured dwelling or floating home facility that would prohibit pets, a tenant may keep a pet that is otherwise legally living with the tenant at the time the landlord provides notice of the proposed change to the rules and regulations of the facility.…
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ORS 90.545
Fixed term tenancy expiration; renewal or extension; new rental agreements; tenant refusal of new rental agreement; written storage agreement upon termination of tenancy
(1) Except as provided under subsections (2) to (6) of this section, a fixed term tenancy for space for a manufactured dwelling or floating home, upon reaching its ending date, automatically renews as a month-to-month tenancy having the same terms and conditions, other than duration and rent increases under ORS 90.600, unless the tenancy is terminated under ORS 90.380 (5)(b), 90.394, 90.396, 90.398, 90.630 or 90.632.…
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ORS 90.550
Permissible forms of tenancy; minimum fixed term
A rental agreement for a space for a manufactured dwelling or floating home must be a month-to-month or fixed term tenancy. A rental agreement for a fixed term tenancy must have a duration or term of at least two years. [Formerly 90.540]
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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.…
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ORS 90.560
Definitions for ORS 90.560 to 90.584
As used in ORS 90.560 to 90.584: (1) "Direct billing" means a relationship between the tenant and the utility or service provider in which: (a) The provider provides the utility or service directly to the tenant's space, including any utility or service line, and bills the tenant directly; and (b) The landlord does not act as a provider.…
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ORS 90.562
Utility and service charges; limits
(1) Subject to the policies of the utility or service provider and ORS 90.560 to 90.584, a landlord may provide for utilities or services to tenants by one or more of the following billing methods: (a) Direct billing; (b) Rent-included billing; (c) Pro rata billing; (d) Submeter billing; and (e) Park specific billing.…
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ORS 90.564
Charge for cable, satellite or Internet
(1) Notwithstanding ORS 90.568 (4) or 90.572 (3), a landlord may add an additional amount to a utility or service charge billed to the tenant if: (a) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage; (b) The additional amount is not more than 10 percent of the utility or service charge b…
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ORS 90.566
Conversion to direct billing for garbage service
(1) A landlord may unilaterally amend a rental agreement to convert the method of billing a tenant for garbage collection and disposal from rent-included billing or pro rata billing to a billing method in which the service provider: (a) Supplies garbage receptacles; (b) Collects and disposes of garbage; and (c) Intentionally left blank —Ed.…
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ORS 90.568
Pro rata billing; apportionment methods
(1) If allowed by a written rental agreement, a landlord using pro rata billing may require a tenant to pay to the landlord a utility or service charge that was billed by a utility or service provider to the landlord for a utility or service provided directly to the tenant's space or to a common area available to the tenant as part of the tenancy.…
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ORS 90.570
Public service charge pro rata apportionment
A landlord, upon 60 days' written notice to a tenant, may unilaterally amend a rental agreement to require a tenant to pay to the landlord, as part of the utility or service charge, a pro rata proportion of any new or increased public service charge billed to the landlord by a utility or service provider or a local government for a public service provided directly or indirectly to the tenant's dwelling unit or to the…
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ORS 90.572
Submeter billing
(1) If allowed by a written rental agreement, a landlord using submeter billing may require a tenant to pay to the landlord a utility or service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly to the tenant's space as measured by a submeter.…
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ORS 90.574
Conversion to submeter or pro rata billing for water
(1) A landlord may unilaterally amend a rental agreement as provided in this section to convert a tenant's existing utility or service billing method for water or wastewater: (a) From rent-included billing or pro rata billing to submeter billing; or (b) From rent-included billing to pro rata billing.…
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ORS 90.576
Legislative findings
The Legislative Assembly finds and declares that: (1) Water is an essential and scarce resource; (2) Conservation of water is critical for the future of this state; and (3) Billing for water according to usage encourages users to conserve water and allows users to exercise better control over their costs. [Formerly 90.541]
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ORS 90.578
Conversion to submeter or direct billing for large parks
(1) Except as provided in subsections (2) and (3) of this section, a landlord that assesses the tenants of a manufactured dwelling park containing 200 or more spaces in the facility a utility or service charge for water by pro rata billing shall convert the method of assessing the utility or service charge to direct billing or submeter billing.…
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ORS 90.580
Entry to read submeter; requirement for water submeter
(1) A landlord using submeter billing may install submeters to measure consumption of a utility or service. (2) After giving notice under ORS 90.725, a landlord may enter a tenant's space to install or maintain a utility or service line or a submeter that measures the amount of a provided utility or service.…
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ORS 90.584
Park specific billing for water; voting
(1) With the approval of the tenants, a landlord of a manufactured dwelling park may amend the rental agreement to convert a tenant's billing for water and wastewater from pro rata billing or rent-included billing to park specific billing only as provided under this section.…
Park Management & Rent (90.600-90.660)
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ORS 90.600
Increases in rent; limitations; notice; meeting with tenants; effect of failure to meet
(1) If a rental agreement is a month-to-month tenancy to which ORS 90.505 to 90.850 apply, the landlord may not increase the rent: (a) Without giving each affected tenant notice in writing at least 90 days prior to the effective date of the rent increase; (b) More than once in any 12-month period; or (c) By a percentage greater than the maximum calculated under ORS 90.324 (1).…
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ORS 90.605
Persons authorized to receive notice and demands on landlord's behalf; written notice to change designated person
Any person authorized by the landlord of a facility to receive notices and demands on the landlord's behalf retains this authority until the authorized person is notified otherwise. Written notice of any change in the name or address of the person authorized to receive notices and demands shall be delivered to the residence of each person who rents a space for a manufactured dwelling or floating home or, if specified…
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ORS 90.610
Notice of proposed change in rule or regulation; tenant objection to change
(1) As used in this section, "eligible space" means each space in the facility as long as: (a) The space is rented to a tenant and the tenancy is subject to ORS 90.505 to 90.850; and (b) The tenant who occupies the space has not: (A) Previously agreed to a rental agreement that includes the proposed rule or regulation change; or (B) Become subject to the proposed rule or regulation change as a result of a change in r…
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ORS 90.620
Termination by tenant; notice to landlord
(1) The tenant who rents a space for a manufactured dwelling or floating home may terminate a rental agreement that is a month-to-month or fixed term tenancy without cause by giving to the landlord, at any time during the tenancy, not less than 30 days' notice in writing prior to the date designated in the notice for the termination of the tenancy.…
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ORS 90.630
Termination by landlord; causes; notice; cure; repeated nonpayment of rent
(1) Except as provided in subsection (5) of this section, the landlord may terminate a rental agreement for space for a manufactured dwelling or floating home by giving to the tenant not less than 30 days' notice in writing before the termination date designated in the notice, if the tenant: (a) Materially violates a law related to the tenant's conduct as a tenant; (b) Materially violates a rental agreement provision…
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ORS 90.632
Termination of tenancy due to physical condition of manufactured dwelling or floating home; correction of condition by tenant
(1) A landlord may terminate a month-to-month or fixed term rental agreement and require the tenant to remove a manufactured dwelling or floating home from a facility, due to the physical condition of the exterior of the manufactured dwelling or floating home, only by complying with this section and ORS 105.100 to 105.168. A termination shall include removal of the dwelling or home.…
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ORS 90.634
Prohibition against lien for rent; action for possession; disposition of dwelling or home; disposition of goods
(1) A landlord may not assert a lien under ORS 87.162 for dwelling unit rent against a manufactured dwelling or floating home located in a facility. Notwithstanding ORS 90.100 (51) and 90.675 and regardless of whether the owner of a manufactured dwelling or floating home occupies the dwelling or home as a residence, a facility landlord that is entitled to unpaid rent and receives possession of the facility space from…
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ORS 90.640
Park damaged by natural disaster
If a manufactured dwelling park is affected by a natural disaster, as defined in ORS 197.488, unless the parties agree otherwise following the natural disaster: (1) For a manufactured dwelling that is destroyed, the tenancy is immediately terminated and the parties are not further obligated under the rental agreement or this chapter, except that: (a) The landlord shall, pursuant to ORS 90.300, return to the tenant an…
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ORS 90.643
Conversion of park to planned community subdivision of manufactured dwellings
(1) A manufactured dwelling park may be converted to a planned community subdivision of manufactured dwellings pursuant to ORS 92.830 to 92.845. When a manufactured dwelling park is converted pursuant to ORS 92.830 to 92.845: (a) Conversion does not require closure of the park pursuant to ORS 90.645 or termination of any tenancy on any space in the park or any lot in the planned community subdivision of manufactured…
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ORS 90.645
Closure of park; notices; payments to tenants; rules
(1) Intentionally left blank —Ed. (a) If a manufactured dwelling park, or a portion of the park that includes the space for a manufactured dwelling, is to be closed and the land or leasehold converted to a use other than as a manufactured dwelling park, and the closure is not required by the exercise of eminent domain or by order of federal, state or local agencies, the landlord may terminate a month-to-month or fixe…
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ORS 90.650
Notice of tax provisions to tenants of closing park; rules
(1) If a manufactured dwelling park or a portion of a manufactured dwelling park is closed, resulting in the termination of the rental agreement between the landlord of the park and a tenant renting space for a manufactured dwelling, whether because of the exercise of eminent domain, by order of a federal, state or local agency or as provided under ORS 90.645 (1), the landlord shall provide notice to the tenant of th…
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ORS 90.655
Park closure notice to nontenants; report of tenant reactions
(1) A landlord that gives a notice of termination under ORS 90.645 shall, at the same time, send one copy of the notice to the Housing and Community Services Department by first class mail. The landlord shall, at the same time, send a copy of the notice, both by first class mail and by certified mail with return receipt requested, for each affected manufactured dwelling, to any person: (a) That is not a tenant; and (…
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ORS 90.660
Local regulation of park closures
A local government may not enforce an ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures adopted by the local government on or after July 1, 2007, or amended on or after January 1, 2010.…
Facilities & Disposition (90.671-90.738)
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ORS 90.671
Closure of marina; notices; payments to tenants; rules
(1) If a marina or a portion of the marina that includes a marina space is to be closed and the land or leasehold converted to a different use, and the closure is not required by the exercise of eminent domain or by order of a federal, state or local agency, the landlord of the marina may terminate a month-to-month or fixed term rental agreement for a marina space by giving the tenant: (a) Not less than 365 days' not…
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ORS 90.675
Disposition of manufactured dwelling or floating home left in facility; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property
(1) As used in this section: (a) "Current market value" means the amount in cash, as determined by the county assessor, that could reasonably be expected to be paid for personal property by an informed buyer to an informed seller, each acting without compulsion in an arm's-length transaction occurring on the assessment date for the tax year or on the date of a subsequent reappraisal by the county assessor.…
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ORS 90.680
Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord
(1) As used in this section, "consignment" means an agreement in which a tenant authorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord receives compensation.…
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ORS 90.710
Causes of action; limit on cause of action of tenant
(1) Intentionally left blank —Ed. (a) Except as provided in paragraph (b) of this subsection, any person aggrieved by a violation of ORS 90.525, 90.630, 90.680 or 90.765 has a cause of action against the violator for any damages sustained as a result of the violation or $500, whichever is greater.…
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ORS 90.720
Action to enjoin violation of ORS 90.750 or 90.755
In addition to the tenant's cause of action under ORS 90.710, any tenant prevented from exercising the rights in ORS 90.750 or 90.755 may bring an action in the appropriate court having jurisdiction in the county in which the alleged infringement occurred, and upon favorable adjudication, the court shall enjoin the enforcement of any provision contained in any bylaw, rental agreement, regulation or rule, pertaining t…
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ORS 90.725
Landlord or agent access to rented space; remedies
(1) As used in this section: (a) "Emergency" includes but is not limited to: (A) A repair problem that, unless remedied immediately, is likely to cause serious physical harm or damage to individuals or property. (B) The presence of a hazard tree on a rented space in a manufactured dwelling park.…
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ORS 90.727
Maintenance of trees in rented spaces
(1) As used in this section: (a) "Maintaining a tree" means removing or trimming a tree for the purpose of eliminating features of the tree that cause the tree to be hazardous, or that may cause the tree to become hazardous in the near future. (b) "Removing a tree" includes: (A) Felling and removing the tree; and (B) Grinding or removing the stump of the tree.…
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ORS 90.729
Temporary movement of floating home; notice; costs paid by landlord
(1) A landlord may require a tenant in a marina to move the tenant's floating home under this section for reasons allowing for the safety and convenience of the marina and other tenants, including: (a) Moving another floating home within the marina; (b) Repairing an adjacent floating home; or (c) Dredging, repairing an adjacent dock or otherwise repairing or improving the marina.…
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ORS 90.730
Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition
(1) As used in this section, "facility common areas" means all areas under control of the landlord and held out for the general use of tenants. (2) A landlord who rents a space for a manufactured dwelling or floating home shall at all times during the tenancy maintain the rented space, vacant spaces in the facility and the facility common areas in a habitable condition.…
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ORS 90.732
Landlord registration; registration fee
(1) Every landlord of a facility shall register annually in writing with the Housing and Community Services Department. The department shall charge the landlord a registration fee of $100 for facilities with more than 20 spaces and $50 for facilities with 20 or fewer spaces. The landlord shall file a registration and pay a registration fee for each facility owned or managed by the landlord.…
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ORS 90.734
Manager or owner continuing education requirements
(1) At least one person for each facility who has authority to manage the premises of the facility shall, every two years, complete four hours of continuing education relating to the management of facilities.…
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ORS 90.736
Civil penalties
(1) The Housing and Community Services Department may assess a civil penalty against a landlord or owner if the department finds that the landlord or owner has not complied with ORS 90.732 or 90.734. The civil penalty may not exceed $1,000. The department shall assess the civil penalty according to the schedule of penalties developed by the department under ORS 90.738.…
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ORS 90.738
Enforcement of registration and education requirements; advisory committee; rules
(1) The Housing and Community Services Department shall adopt rules for the administration and enforcement of ORS 90.732 and 90.734. The rules shall include, but need not be limited to, a rule that establishes a schedule of civil penalties for noncompliance that is consistent with the amount limitation established under ORS 90.736.…
Tenant Rights & Dispute Resolution (90.740-90.775)
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ORS 90.740
Tenant obligations
A tenant shall: (1) Install the tenant's manufactured dwelling or floating home and any accessory building or structure on a rented space in compliance with applicable laws and the rental agreement. (2) Except as provided by the rental agreement, dispose from the dwelling or home and the rented space all ashes, garbage, rubbish and other waste in a clean, safe and legal manner.…
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ORS 90.750
Right to assemble or canvass in facility; limitations
No provision contained in any bylaw, rental agreement, regulation or rule pertaining to a facility shall: (1) Infringe upon the right of persons who rent spaces in a facility to peaceably assemble in an open public meeting for any lawful purpose, at reasonable times and in a reasonable manner, in the common areas or recreational areas of the facility. Reasonable times shall include daily the hours between 8 a.m.…
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ORS 90.755
Right to speak on political issues; limitations; placement of political signs
(1) No provision in any bylaw, rental agreement, regulation or rule may infringe upon the right of a person who rents a space for a manufactured dwelling or floating home to invite public officers, candidates for public office or officers or representatives of a tenant organization to appear and speak upon matters of public interest in the common areas or recreational areas of the facility at reasonable times and in…
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ORS 90.765
Prohibitions on retaliatory conduct by landlord
(1) In addition to the prohibitions of ORS 90.385, a landlord who rents a space for a manufactured dwelling or floating home 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 expressed an intention to complain to agencies listed in ORS 90.385; (b) The tenant has made any co…
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ORS 90.767
Mandatory mediation
(1) For disputes subject to mediation under this section, if any party initiates mediation under this section, mediation is mandatory. A landlord of a tenancy subject to ORS 90.505 to 90.850 shall establish a mediation policy to resolve disputes related to: (a) Landlord or tenant compliance with the rental agreement or with the provisions of this chapter; (b) Landlord or tenant conduct within the facility; or (c) The…
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ORS 90.769
Informal dispute resolution
In addition to mandatory mediation required under ORS 90.767, a facility may establish an informal dispute resolution procedure that ensures each issue with merit is addressed within 30 days after receipt of a formal complaint. [Formerly 446.547]
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ORS 90.771
Confidentiality of information regarding disputes
(1) In order to foster the role of the Housing and Community Services Department in mediating and resolving disputes between landlords and tenants of manufactured dwelling and floating home facilities, the department shall establish procedures to maintain the confidentiality of information received by the department pertaining to individual landlords and tenants of facilities and to landlord-tenant disputes.…
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ORS 90.775
Rules
The Housing and Community Services Department may adopt rules necessary to carry out the provisions of ORS 90.771. [Formerly 91.955; 2001 c.596 §49]
Facility Transfer & Purchase (90.800-90.850)
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ORS 90.800
Policy
(1) The State of Oregon encourages affordable housing options for all Oregonians. One housing alternative chosen by many Oregonians is facility living. The Legislative Assembly finds that many facility tenants would like to join together, alone or in cooperation with an associated entity, to purchase the facility in which the tenants live in order to have greater control over the costs and environment of their housin…
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ORS 90.840
Park purchase funds, loans
(1) The Director of the Housing and Community Services Department may lend funds available to the Housing and Community Services Department to provide funds necessary to carry out the provisions of ORS 456.581 (2). Such funds advanced shall be repaid to the Housing and Community Services Department as determined by the director.…
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ORS 90.842
Notice of sale of facility; contents; formation of tenants committee for purchasing facility
(1) An owner of a facility shall give written notice of the owner's interest in selling the facility before the owner markets the facility for sale or when the owner receives an offer to purchase that the owner intends to consider, whichever occurs first.…
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ORS 90.844
Procedures for purchase of facility by tenants; financial information; deadlines
(1) Within 15 days after delivery of the notice described in ORS 90.842, if the tenants choose to compete to purchase the facility in which the tenants reside, the tenants must notify the owner in writing of: (a) The tenants' interest in competing to purchase the facility; (b) The formation or identification of a single tenants committee formed for the purpose of purchasing the facility; and (c) The name and contact…
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ORS 90.846
Notices and processes in facility transfer; remedies
(1) During the process described in ORS 90.842 to 90.850, the parties shall act in a commercially reasonable manner, which includes a duty of the owner of the facility to consider in good faith any offer from the tenants or an entity formed by or associated with the tenants and to negotiate with the tenants or the entity in good faith.…
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ORS 90.848
Exceptions to facility transfer requirements
(1) With regard to a sale or transfer of a facility, ORS 90.842, 90.844 and 90.846 do not apply to: (a) Any sale or transfer to an individual who would be included within the table of descent and distribution if the owner of the facility were to die intestate. (b) Any transfer by gift, devise or operation of law. (c) Any sale or transfer by a corporation to an affiliate.…
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ORS 90.849
Notice of conveyance
(1) In addition to providing notice as required by ORS 90.842, upon sale of a facility under ORS 90.842 to 90.850 or upon any sale, transfer, exchange or other conveyance of a facility described in ORS 90.848, the owner shall give notice of the conveyance to the Housing and Community Services Department stating: (a) The number of vacant spaces and homes in the facility; (b) If applicable, the final sale price of the…
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ORS 90.850
Owner affidavit certifying compliance with requirements for sale of facility
(1) A facility owner may present for recordation, in the County Clerk Lien Record of the county in which the facility is located, an affidavit in which the owner certifies that: (a) The owner has complied with the requirements of ORS 90.842, 90.844 and 90.846 with reference to an offer by the owner for the sale or transfer of the facility.…
Manufactured Dwelling Sales (90.860-90.875)
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ORS 90.860
Definitions for ORS 90.865 to 90.875
As used in ORS 90.865 to 90.875: (1) "Buyer" has the meaning given that term in ORS 72.1030; (2) "Facility" has the meaning given that term in ORS 90.100; (3) "Landlord" has the meaning given that term in ORS 90.100; (4) "Manufactured dwelling" has the meaning given that term in ORS 90.100; (5) "Purchase money security interest" has the meaning given that term in ORS 79.1070; (6) "Secured party" has the meaning given…
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ORS 90.865
Dealer notice of rent payments and financing
A seller of a manufactured dwelling who is subject to ORS 446.661 to 446.756 must provide notice under ORS 90.870 if the manufactured dwelling is to be placed in a facility and the seller: (1) Pays a portion of the rent for the dwelling; or (2) Provides financing or assists the buyer in arranging financing that results in a party taking a purchase money security interest in the dwelling and the seller knows that a po…
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ORS 90.870
Manner of giving notice; persons entitled to notice
(1) A seller subject to ORS 90.865 must give notice by certified mail to the parties listed in subsection (2) of this section prior to the date the manufactured dwelling is delivered to the facility. The notice must be in writing and include: (a) A statement that a portion of the rent is being paid by the seller or out of the proceeds from financing; and (b) The amount and duration of rent that is being paid by the s…
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ORS 90.875
Remedy for failure to give notice
If a seller fails to provide notice under ORS 90.870, a buyer, landlord or secured party without actual notice that suffers an ascertainable loss as a result of the failure may bring an individual action to recover actual damages or $200, whichever is greater. [2001 c.112 §4]
Rental Agreement Terms (90.220-90.275)
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ORS 90.220
Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment
(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 terms of a fixed term tenancy, including the amount of rent, may not be unilaterally amended by the landlord or tenant.…
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ORS 90.245
Prohibited provisions in rental agreements; remedy
(1) A rental agreement may not provide that the tenant: (a) Agrees to waive or forgo rights or remedies under this chapter; (b) Authorizes any person to confess judgment on a claim arising out of the rental agreement; (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 connect…
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ORS 90.250
Receipt of rent without 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) or 90.730. [Formerly 91.750; 1999 c.676 §10]
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ORS 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. [Formerly 91.755]
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ORS 90.260
Late rent payment charge or fee; restrictions; calculation
(1) A landlord may impose a late charge or fee, however designated, 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 th…
Occupancy & Use (90.340-90.380)
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ORS 90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain premises; generally
For park and marina space tenancies, habitability of the rented space and common areas is ORS 90.730 (not apartment dwelling-unit ORS 90.320). If the landlord fails that duty or the rental agreement, this section lets the tenant give written notice and pursue the listed remedies. Do not withhold rent without advice from an attorney.
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ORS 90.365
Failure of landlord to supply essential services; remedies
ORS 90.365(8): the essential-service remedies in this section (including substitute housing) generally do not apply when you own the manufactured dwelling or floating home and rent only the space. Facility tenants use ORS 90.730 and ORS 90.360 instead. Do not withhold rent or move out without advice from an attorney who has reviewed your facts.
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ORS 90.367
Application of security deposit or prepaid rent after notice of foreclosure; termination of fixed term tenancy after notice
ORS 90.367 Application of security deposit or prepaid rent after notice of foreclosure; termination of fixed term tenancy after notice (1) A tenant who receives actual notice that the property that is the subject of the tenant's rental agreement with a landlord is in foreclosure may apply the tenant's security deposit or prepaid rent to the tenant's obligation to the landlord.…
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ORS 90.368
Repair of minor habitability defect
ORS 90.368 Repair of minor habitability defect (1) As used in this section, "minor habitability defect": (a) Means a defect that may reasonably be repaired for not more than $300, such as the repair of leaky plumbing, stopped up toilets or faulty light switches. (b) Does not mean the presence of mold, radon, asbestos or lead-based paint.…
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ORS 90.370
Tenant counterclaims in action by landlord for possession or rent
ORS 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 th…
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ORS 90.375
Effect of unlawful ouster or exclusion; willful diminution of services
ORS 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 or seriously attempts or seriously threatens unlawfully to diminish services to the tenant by interrupting or causing the interruption o…
Termination & Landlord Conduct (90.385-90.459)
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ORS 90.385
Retaliatory conduct by landlord; 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…
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ORS 90.390
Discrimination against tenant or applicant; tenant defense
(1) A landlord may not discriminate against a tenant in violation of local, state or federal law, including ORS 659A.145 and 659A.421. (2) If the tenant can prove that the landlord violated 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.…
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ORS 90.391
Information to veterans required in notice
Except as provided in ORS 408.515 (3), a notice of termination of tenancy under any provision of this chapter must include the information required by ORS 408.515. [2019 c.405 §3]
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ORS 90.394
Termination of tenancy for failure to pay rent
A landlord may terminate for nonpayment of rent by delivering the written notice this section requires — typically 72 hours or 144 hours depending on when rent is due in the rental period. Park and marina landlords also use ORS 90.630 for other causes and for repeated late payment of rent. This is not a no-cause apartment eviction statute.
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ORS 90.395
Required delivery of notice of rental assistance and support services before termination for nonpayment
ORS 90.395 — Required delivery of notice of rental assistance and support services before termination for nonpayment (1) As used in this section: (a) "Nonpayment" means the nonpayment of a payment that is due to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.58…
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ORS 90.396
Acts or omissions justifying termination 24 hours after notice
(1) Except as provided in subsection (2) of this section, after at least 24 hours' written notice specifying the acts and omissions constituting the cause and specifying the date and time of the termination, the landlord may terminate the rental agreement and take possession as provided in ORS 105.100 to 105.168, if: (a) The tenant, someone in the tenant's control or the tenant's pet seriously threatens to inflict su…
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ORS 90.398
Termination of tenancy for drug or alcohol violations
ORS 90.398 Termination of tenancy for drug or alcohol violations (1) If a tenant living for less than two years in drug and alcohol free housing uses, possesses or shares alcohol, marijuana items as defined in ORS 475C.009, 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 and take posses…
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ORS 90.401
Remedies available to landlord
Except as provided in this chapter: (1) A landlord may pursue any one or more of the remedies set forth in ORS 90.392, 90.394, 90.396, 90.398, 90.403 and 90.405, simultaneously or sequentially. (2) In addition to the remedies provided in ORS 90.392, 90.394, 90.396 and 90.398, a landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or ORS 90.325 or 90.7…
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ORS 90.403
Taking possession of premises from unauthorized possessor
(1) If an unauthorized person is in possession of the premises, after at least 24 hours' written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS 105.100 to 105.168 if: (a) The tenant has vacated the premises; (b) The rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the w…
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ORS 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 delivery of the notice unless the tenant removes the pet from the premises prior to the termination date specified in the notice.…
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ORS 90.412
Waiver of termination of tenancy
ORS 90.412 Waiver of termination of tenancy (1) As used in this section and ORS 90.414 and 90.417, "rent" does not include funds paid to a landlord: (a) Under the United States Housing Act of 1937 (42 U.S.C. 1437f). (b) By any other local, state or federal housing assistance program.…
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ORS 90.414
Acts not constituting waiver of termination of tenancy
ORS 90.414 Acts not constituting waiver of termination of tenancy (1) If a notice of termination has been given by the landlord or the tenant, the following do not waive the right of the landlord to terminate on the notice and do not reinstate the tenancy: (a) Except when the notice is a nonpayment of rent termination notice under ORS 90.394, the acceptance of rent if: (A) The rent is prorated to the termination date…
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ORS 90.449
Landlord discrimination against victim; exception; tenant defenses and remedies
(1) A landlord may not terminate or fail to renew a tenancy, serve a notice to terminate a tenancy, bring or threaten to bring an action for possession, increase rent, decrease services or refuse to enter into a rental agreement: (a) Because a tenant or applicant is, or has been, a victim of domestic violence, sexual assault, bias crime or stalking.…
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ORS 90.453
Release of victim from tenancy; victim verification statement
(1) As used in this section: (a) "Immediate family member" means, with regard to a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking, any of the following who is not a perpetrator of the domestic violence, sexual assault, bias crime or stalking against the tenant: (A) An adult person related by blood, adoption, marriage or domestic partnership, as defined in ORS 106.310, or as define…
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ORS 90.456
Continuing tenancy after release of victim
Notwithstanding the release of a tenant who is a victim of domestic violence, sexual assault, bias crime or stalking, and any immediate family members of that tenant, from a rental agreement under ORS 90.453 or the exclusion of a perpetrator of domestic violence, sexual assault, bias crime or stalking as provided in ORS 90.459 or 105.128, if there are any remaining tenants of the dwelling unit, the tenancy shall cont…
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ORS 90.459
Change of locks at request of victim
(1) A tenant may give actual notice to the landlord that the tenant is a victim of domestic violence, sexual assault, bias crime or stalking and may request that the locks to the dwelling unit be changed. A tenant is not required to provide verification of the domestic violence, sexual assault, bias crime or stalking to initiate the changing of the locks.…