91.080 Terminationwhen expiration of tenancy fixed by terms of lease
91.090 Terminationof tenancy by failure to pay rent; reinstatement
91.100 Waiverof notice
91.110 Noticesto be in writing; how served
91.115 Tenantnot to deny landlord’s title
EVICTIONOF NONTENANTS
91.120 Evictionof employee; notice required
91.130 Evictionof purchaser or seller of property; notice required
RENT
91.210 Rentspayable in advance unless otherwise agreed; demand unnecessary
91.220 Tenantin possession liable for rent; remedies for recovery
91.225 Localrent control prohibited; exclusions; exceptions
EMBLEMENTS
91.230 Farmtenant’s right to emblements
MATTERSRELATING TO GAMBLING LEASES
91.240 Gamblingleases prohibited; status of rental contracts; termination; recovery ofpossession
91.245 Penaltyfor letting or renting a place for gambling purposes
UTILITYCLAIMS
91.255 Transferof claim; prohibition; limitations
CREATIONAND TERMINATION OF TENANCIES
91.010When tenancy is deemed to exist. A tenancy is deemed to exist under thischapter and ORS 105.115 and 105.120 when one has let real estate as a landlordto another. [Amended by 1987 c.158 §16]
91.020Tenancies classified.Tenancies are as follows: Tenancy at sufferance, tenancy at will, tenancyfor years, tenancy from year to year, tenancy from month to month, tenancy byentirety and tenancy for life. The times and conditions of the holdings shalldetermine the nature and character of the tenancy. [Amended by 1969 c.591 §273]
91.030Tenancy by entirety or for life. A tenancy by entirety and a tenancy forlife shall be such as now fixed and defined by the laws of the State of Oregon.[Amended by 1969 c.591 §274]
91.040Tenancy at sufferance. One who comes into possession of the real estate ofanother lawfully, but who holds over by wrong after the termination of theterm, is considered as a tenant at sufferance. No notice is required toterminate a tenancy at sufferance.
91.050Tenancy at will.One who enters into the possession of real estate with the consent of theowners, under circumstances not showing an intention to create a freeholdinterest, is considered a tenant at will. When the rent reserved in the leaseat will is payable at periods of less than three months, a notice to terminatethe tenancy is sufficient if it is equal to the interval between the times ofpayment of rent. The notice to terminate a tenancy at will is sufficient ifgiven for the prescribed period prior to the expiration of the period forwhich, by the terms of the lease and holding, rents are to be paid.
91.060Tenancy from year to year. One who enters into the possession of real estatewith the consent of the owner, and no certain time is mentioned, but an annualrent is reserved, is considered a tenant from year to year. A notice toterminate a tenancy from year to year is sufficient if it is given 60 daysprior to the expiration of the period for which, by the terms of the lease andholding, rents are to be paid.
91.070Tenancy from month to month. One who holds the lands or tenements ofanother, under the demise of the other, and no certain time has been mentioned,but a monthly rental has been reserved, is considered a tenant from month tomonth. Except as otherwise provided by statute or agreement, such tenancy mayonly be terminated by either the landlord or tenant giving the other, at anytime during the tenancy, not less than 30 days’ notice in writing prior to thedate designated in the notice for the termination of the tenancy. The tenancyshall terminate on the date designated and without regard to the expiration ofthe period for which, by the terms of the tenancy and holding, rents are to bepaid.
91.080Termination when expiration of tenancy fixed by terms of lease. A tenantentering into the possession of real estate may, by the terms of the lease, fixthe date of expiration of the tenancy, and when so fixed, no notice is requiredto render the holding of the tenant wrongful and by force after the expirationof the term as fixed by the lease.
91.090Termination of tenancy by failure to pay rent; reinstatement. The failure ofa tenant to pay the rent reserved by the terms of the lease for the period of10 days, unless a different period is stipulated in the lease, after it becomesdue and payable, operates to terminate the tenancy. No notice to quit or paythe rent is required to render the holding of such tenant thereafter wrongful;however, if the landlord, after such default in payment of rent, acceptspayment thereof, the lease is reinstated for the full period fixed by itsterms, subject to termination by subsequent defaults in payment of rent.
91.100Waiver of notice.Any person entering into the possession of real estate under written lease, asthe tenant of another, may, by the terms of the lease of the person, waive thegiving of any notice prescribed by ORS 91.050 to 91.070.
91.110Notices to be in writing; how served. All notices required by ORS 91.050 to91.070 and by ORS 105.120, must be in writing and must be served upon thetenant by being delivered to the tenant in person or by being posted in aconspicuous place on the leased premises in case of the absence of the tenant,or by being left at the residence or place of abode.
91.115Tenant not to deny landlord’s title. A tenant is not permitted to deny thetitle of the tenant’s landlord at the time of the commencement of the relation.[1981 c.892 §85]
EVICTIONOF NONTENANTS
91.120Eviction of employee; notice required. An employee described in ORS 90.110 (7)may only be evicted pursuant to ORS 105.105 to 105.168 after at least 24 hours’written notice of the termination of employment or a notice period set forth ina written employment contract, whichever is longer. This section does notcreate the relationship of landlord and tenant between a landlord and suchemployee. [1987 c.611 §3; 1997 c.577 §29; 2001 c.596 §41]
91.125 [1987 c.611 §5;repealed by 1993 c.369 §39]
91.130Eviction of purchaser or seller of property; notice required. A dwelling unitpurchaser or seller described in ORS 90.110 (2) may only be evicted pursuant toORS 105.105 to 105.168 after at least 24 hours’ written notice of thetermination of the occupancy or a notice period set forth in a writtenagreement of sale, whichever is longer. This section does not create therelationship of landlord and tenant between the seller and purchaser. [2001c.596 §2]
RENT
91.210Rents payable in advance unless otherwise agreed; demand unnecessary. Unlessotherwise expressly provided by the lease or terms of holding, all rentsreserved under the lease or terms of holding are due and payable in advance.The tenant shall pay or tender payment thereof on or prior to the first day ofthe rent paying period provided in the lease or by the terms of the holding,and no demand therefor is necessary to render a tenant in default.
91.220Tenant in possession liable for rent; remedies for recovery. (1) Everyperson in possession of land out of which any rent is due, whether it wasoriginally demised in fee, or for any other estate of freehold, or for any termof years, is liable for the amount or proportion of rent due from the land inpossession of the person, although it is only a part of what was originallydemised.
(2)Such rent may be recovered in an action at law, and the deed of demise, orother instrument in writing, if there is any, showing the provisions of thelease, may be used in evidence by either party to prove the amount due from thedefendant.
(3)This section shall not deprive landlords of any other legal remedy for therecovery of their rents, whether secured to them by their leases or provided bylaw.
91.225Local rent control prohibited; exclusions; exceptions. (1) The LegislativeAssembly finds that there is a social and economic need to insure an adequatesupply of affordable housing for Oregonians. The Legislative Assembly alsofinds that the imposition of general restrictions on housing rents will disruptan orderly housing market, increase deferred maintenance of existing housingstock, lead to abandonment of existing rental units and create a property taxshift from rental-owned to owner-occupied housing. Therefore, the LegislativeAssembly declares that the imposition of rent control on housing in the Stateof Oregon is a matter of statewide concern.
(2)Except as provided in subsections (3) to (5) of this section, a city or countyshall not enact any ordinance or resolution which controls the rent that may becharged for the rental of any dwelling unit.
(3)This section does not impair the right of any state agency, city, county orurban renewal agency as defined by ORS 457.035 to reserve to itself the rightto approve rent increases, establish base rents or establish limitations onrents on any residential property for which it has entered into a contractunder which certain benefits are applied to the property for the expressedpurpose of providing reduced rents for low income tenants. Such benefitsinclude, but are not limited to, property tax exemptions, long-term financing,rent subsidies, code enforcement procedures and zoning density bonuses.
(4)Cities and counties are not prohibited from including in condominium conversionordinances a requirement that, during the notification period specified in ORS100.305, the owner or developer may not raise the rents of any affected tenantexcept by an amount established by ordinance that does not exceed the limitimposed by ORS 90.493.
(5)Cities, counties and state agencies may impose temporary rent controls when anatural or man-made disaster that materially eliminates a significant portionof the rental housing supply occurs, but must remove the controls when therental housing supply is restored to substantially normal levels.
(6)As used in this section, “dwelling unit” and “rent” have the meaning giventhose terms in ORS 90.100.
(7)This section is applicable throughout this state and in all cities and countiestherein. The electors or the governing body of a city or county shall notenact, and the governing body shall not enforce, any ordinance, resolution orother regulation that is inconsistent with this section. [1985 c.335 §2; 2007c.705 §3]
EMBLEMENTS
91.230Farm tenant’s right to emblements. When the leasing or occupation is forthe purpose of farming or agriculture, the tenant or person in possessionshall, after the termination of the lease or occupancy, have free access to thepremises to cultivate and harvest or gather any crop or produce of the soilplanted or sown by the tenant or person in possession before the service ofnotice to quit. [Formerly 91.310]
MATTERSRELATING TO GAMBLING LEASES
91.240Gambling leases prohibited; status of rental contracts; termination; recoveryof possession.(1) No person shall let or rent any house, room, shop or other building, or anyboat, booth, garden or other place, knowing or having reason to believe it willbe used for gambling purposes.
(2)All contracts for the rent of a room, building or place in violation ofsubsection (1) of this section are void between the parties.
(3)Any person letting or renting any room, building, or place mentioned insubsection (1) of this section which is at any time used by the lessee oroccupant thereof, or any other person with the knowledge or consent of thelessee or occupant, for gambling purposes, upon discovery thereof, may avoidand terminate such lease or contract of occupancy, and recover immediatepossession of such building or other place by an action at law for that purposeto be brought before any justice of the peace of the county in which the use ispermitted. [Formerly 91.410]
91.245Penalty for letting or renting a place for gambling purposes. Violation ofORS 91.240 (1) results in a forfeiture of twice the amount of the rent of suchbuilding or other place for six months to be recovered by action at lawinstituted by the district attorney in the name of the state. [Formerly 91.420]
UTILITYCLAIMS
91.255Transfer of claim; prohibition; limitations. (1) As used in this section, “municipalutility” means any city, county or district that provides or deliverselectricity, natural gas, domestic water, sewer service or garbage or refuseservice. A “municipal utility” does not include a people’s utility district.
(2)A utility company shall not transfer a claim against a tenant to the owner ofthe real property without the written consent of the owner.
(3)A municipal utility shall not transfer a claim against a tenant to the owner ofthe real property unless the municipal utility provided notice of thedelinquent status to the tenant and mailed a copy of the notice of delinquencyby first class mail to the last address of the owner or owner’s agent that ison file with the utility, within 30 days from the time the payment is due onthe account.
(4)A municipal utility shall not deny or shut off its service to any subsequenttenant based on any lien for an unpaid claim for services furnished to aprevious tenant who has vacated the premises unless the utility notified theowner or the owner’s agent of any delinquency by mailing a copy of the noticeof delinquency by first class mail to the last address of the owner or owner’sagent that is on file with the utility, at the time the notice was sent to theprevious tenant.
(5)A municipal utility may not provide service to a tenant if the tenant has aprevious unpaid bill with the municipal utility unless that municipal utilityand tenant agree to a plan for repayment of unpaid utility bills.
(6)A municipal utility shall have the same policy regarding the disconnection ofservices for nonpayment of an outstanding amount for a single family residenceoccupied by a tenant and for a single family residence occupied by the owner.
(7)A municipal utility shall provide information to the owner or owner’s agentregarding the status of a tenant’s account upon request, within a reasonableamount of time. If a request is made verbally, the municipal utility shallprovide the information verbally. If a municipal utility discloses informationunder this subsection, the municipal utility shall not be held responsible forthe disclosure of information to a person who is not an owner or owner’s agent.
(8)Subsections (5) and (6) of this section apply only if a municipal utility intendsto file a lien for unpaid utility services or intends to deny service to asubsequent tenant based on a claim for unpaid services to a previous tenant.
(9)Subsection (7) of this section applies only if a municipal utility intends tofile a lien for unpaid utility services or intends to deny service to asubsequent tenant based on a claim for unpaid services to a previous tenant.
(10)Nothing in this section creates, expands or abridges any authority of amunicipal utility to transfer a claim, based upon any contract, ordinance orlien.
(11)Nothing in this section shall abridge any procedural due process protectionssuch as notice and hearing that a tenant or subsequent tenant is entitled tounder a contract, utility policy, rule, statute or the state and federalConstitutions, prior to the denial or shutoff of service. [1987 c.611 §1; 1993c.786 §1]
Note: 91.255 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 91 or any series therein by legislative action. See Prefaceto Oregon Revised Statutes for further explanation.
91.080 Terminationwhen expiration of tenancy fixed by terms of lease
91.090 Terminationof tenancy by failure to pay rent; reinstatement
91.100 Waiverof notice
91.110 Noticesto be in writing; how served
91.115 Tenantnot to deny landlord’s title
EVICTIONOF NONTENANTS
91.120 Evictionof employee; notice required
91.130 Evictionof purchaser or seller of property; notice required
RENT
91.210 Rentspayable in advance unless otherwise agreed; demand unnecessary
91.220 Tenantin possession liable for rent; remedies for recovery
91.225 Localrent control prohibited; exclusions; exceptions
EMBLEMENTS
91.230 Farmtenant’s right to emblements
MATTERSRELATING TO GAMBLING LEASES
91.240 Gamblingleases prohibited; status of rental contracts; termination; recovery ofpossession
91.245 Penaltyfor letting or renting a place for gambling purposes
UTILITYCLAIMS
91.255 Transferof claim; prohibition; limitations
CREATIONAND TERMINATION OF TENANCIES
91.010When tenancy is deemed to exist. A tenancy is deemed to exist under thischapter and ORS 105.115 and 105.120 when one has let real estate as a landlordto another. [Amended by 1987 c.158 §16]
91.020Tenancies classified.Tenancies are as follows: Tenancy at sufferance, tenancy at will, tenancyfor years, tenancy from year to year, tenancy from month to month, tenancy byentirety and tenancy for life. The times and conditions of the holdings shalldetermine the nature and character of the tenancy. [Amended by 1969 c.591 §273]
91.030Tenancy by entirety or for life. A tenancy by entirety and a tenancy forlife shall be such as now fixed and defined by the laws of the State of Oregon.[Amended by 1969 c.591 §274]
91.040Tenancy at sufferance. One who comes into possession of the real estate ofanother lawfully, but who holds over by wrong after the termination of theterm, is considered as a tenant at sufferance. No notice is required toterminate a tenancy at sufferance.
91.050Tenancy at will.One who enters into the possession of real estate with the consent of theowners, under circumstances not showing an intention to create a freeholdinterest, is considered a tenant at will. When the rent reserved in the leaseat will is payable at periods of less than three months, a notice to terminatethe tenancy is sufficient if it is equal to the interval between the times ofpayment of rent. The notice to terminate a tenancy at will is sufficient ifgiven for the prescribed period prior to the expiration of the period forwhich, by the terms of the lease and holding, rents are to be paid.
91.060Tenancy from year to year. One who enters into the possession of real estatewith the consent of the owner, and no certain time is mentioned, but an annualrent is reserved, is considered a tenant from year to year. A notice toterminate a tenancy from year to year is sufficient if it is given 60 daysprior to the expiration of the period for which, by the terms of the lease andholding, rents are to be paid.
91.070Tenancy from month to month. One who holds the lands or tenements ofanother, under the demise of the other, and no certain time has been mentioned,but a monthly rental has been reserved, is considered a tenant from month tomonth. Except as otherwise provided by statute or agreement, such tenancy mayonly be terminated by either the landlord or tenant giving the other, at anytime during the tenancy, not less than 30 days’ notice in writing prior to thedate designated in the notice for the termination of the tenancy. The tenancyshall terminate on the date designated and without regard to the expiration ofthe period for which, by the terms of the tenancy and holding, rents are to bepaid.
91.080Termination when expiration of tenancy fixed by terms of lease. A tenantentering into the possession of real estate may, by the terms of the lease, fixthe date of expiration of the tenancy, and when so fixed, no notice is requiredto render the holding of the tenant wrongful and by force after the expirationof the term as fixed by the lease.
91.090Termination of tenancy by failure to pay rent; reinstatement. The failure ofa tenant to pay the rent reserved by the terms of the lease for the period of10 days, unless a different period is stipulated in the lease, after it becomesdue and payable, operates to terminate the tenancy. No notice to quit or paythe rent is required to render the holding of such tenant thereafter wrongful;however, if the landlord, after such default in payment of rent, acceptspayment thereof, the lease is reinstated for the full period fixed by itsterms, subject to termination by subsequent defaults in payment of rent.
91.100Waiver of notice.Any person entering into the possession of real estate under written lease, asthe tenant of another, may, by the terms of the lease of the person, waive thegiving of any notice prescribed by ORS 91.050 to 91.070.
91.110Notices to be in writing; how served. All notices required by ORS 91.050 to91.070 and by ORS 105.120, must be in writing and must be served upon thetenant by being delivered to the tenant in person or by being posted in aconspicuous place on the leased premises in case of the absence of the tenant,or by being left at the residence or place of abode.
91.115Tenant not to deny landlord’s title. A tenant is not permitted to deny thetitle of the tenant’s landlord at the time of the commencement of the relation.[1981 c.892 §85]
EVICTIONOF NONTENANTS
91.120Eviction of employee; notice required. An employee described in ORS 90.110 (7)may only be evicted pursuant to ORS 105.105 to 105.168 after at least 24 hours’written notice of the termination of employment or a notice period set forth ina written employment contract, whichever is longer. This section does notcreate the relationship of landlord and tenant between a landlord and suchemployee. [1987 c.611 §3; 1997 c.577 §29; 2001 c.596 §41]
91.125 [1987 c.611 §5;repealed by 1993 c.369 §39]
91.130Eviction of purchaser or seller of property; notice required. A dwelling unitpurchaser or seller described in ORS 90.110 (2) may only be evicted pursuant toORS 105.105 to 105.168 after at least 24 hours’ written notice of thetermination of the occupancy or a notice period set forth in a writtenagreement of sale, whichever is longer. This section does not create therelationship of landlord and tenant between the seller and purchaser. [2001c.596 §2]
RENT
91.210Rents payable in advance unless otherwise agreed; demand unnecessary. Unlessotherwise expressly provided by the lease or terms of holding, all rentsreserved under the lease or terms of holding are due and payable in advance.The tenant shall pay or tender payment thereof on or prior to the first day ofthe rent paying period provided in the lease or by the terms of the holding,and no demand therefor is necessary to render a tenant in default.
91.220Tenant in possession liable for rent; remedies for recovery. (1) Everyperson in possession of land out of which any rent is due, whether it wasoriginally demised in fee, or for any other estate of freehold, or for any termof years, is liable for the amount or proportion of rent due from the land inpossession of the person, although it is only a part of what was originallydemised.
(2)Such rent may be recovered in an action at law, and the deed of demise, orother instrument in writing, if there is any, showing the provisions of thelease, may be used in evidence by either party to prove the amount due from thedefendant.
(3)This section shall not deprive landlords of any other legal remedy for therecovery of their rents, whether secured to them by their leases or provided bylaw.
91.225Local rent control prohibited; exclusions; exceptions. (1) The LegislativeAssembly finds that there is a social and economic need to insure an adequatesupply of affordable housing for Oregonians. The Legislative Assembly alsofinds that the imposition of general restrictions on housing rents will disruptan orderly housing market, increase deferred maintenance of existing housingstock, lead to abandonment of existing rental units and create a property taxshift from rental-owned to owner-occupied housing. Therefore, the LegislativeAssembly declares that the imposition of rent control on housing in the Stateof Oregon is a matter of statewide concern.
(2)Except as provided in subsections (3) to (5) of this section, a city or countyshall not enact any ordinance or resolution which controls the rent that may becharged for the rental of any dwelling unit.
(3)This section does not impair the right of any state agency, city, county orurban renewal agency as defined by ORS 457.035 to reserve to itself the rightto approve rent increases, establish base rents or establish limitations onrents on any residential property for which it has entered into a contractunder which certain benefits are applied to the property for the expressedpurpose of providing reduced rents for low income tenants. Such benefitsinclude, but are not limited to, property tax exemptions, long-term financing,rent subsidies, code enforcement procedures and zoning density bonuses.
(4)Cities and counties are not prohibited from including in condominium conversionordinances a requirement that, during the notification period specified in ORS100.305, the owner or developer may not raise the rents of any affected tenantexcept by an amount established by ordinance that does not exceed the limitimposed by ORS 90.493.
(5)Cities, counties and state agencies may impose temporary rent controls when anatural or man-made disaster that materially eliminates a significant portionof the rental housing supply occurs, but must remove the controls when therental housing supply is restored to substantially normal levels.
(6)As used in this section, “dwelling unit” and “rent” have the meaning giventhose terms in ORS 90.100.
(7)This section is applicable throughout this state and in all cities and countiestherein. The electors or the governing body of a city or county shall notenact, and the governing body shall not enforce, any ordinance, resolution orother regulation that is inconsistent with this section. [1985 c.335 §2; 2007c.705 §3]
EMBLEMENTS
91.230Farm tenant’s right to emblements. When the leasing or occupation is forthe purpose of farming or agriculture, the tenant or person in possessionshall, after the termination of the lease or occupancy, have free access to thepremises to cultivate and harvest or gather any crop or produce of the soilplanted or sown by the tenant or person in possession before the service ofnotice to quit. [Formerly 91.310]
MATTERSRELATING TO GAMBLING LEASES
91.240Gambling leases prohibited; status of rental contracts; termination; recoveryof possession.(1) No person shall let or rent any house, room, shop or other building, or anyboat, booth, garden or other place, knowing or having reason to believe it willbe used for gambling purposes.
(2)All contracts for the rent of a room, building or place in violation ofsubsection (1) of this section are void between the parties.
(3)Any person letting or renting any room, building, or place mentioned insubsection (1) of this section which is at any time used by the lessee oroccupant thereof, or any other person with the knowledge or consent of thelessee or occupant, for gambling purposes, upon discovery thereof, may avoidand terminate such lease or contract of occupancy, and recover immediatepossession of such building or other place by an action at law for that purposeto be brought before any justice of the peace of the county in which the use ispermitted. [Formerly 91.410]
91.245Penalty for letting or renting a place for gambling purposes. Violation ofORS 91.240 (1) results in a forfeiture of twice the amount of the rent of suchbuilding or other place for six months to be recovered by action at lawinstituted by the district attorney in the name of the state. [Formerly 91.420]
UTILITYCLAIMS
91.255Transfer of claim; prohibition; limitations. (1) As used in this section, “municipalutility” means any city, county or district that provides or deliverselectricity, natural gas, domestic water, sewer service or garbage or refuseservice. A “municipal utility” does not include a people’s utility district.
(2)A utility company shall not transfer a claim against a tenant to the owner ofthe real property without the written consent of the owner.
(3)A municipal utility shall not transfer a claim against a tenant to the owner ofthe real property unless the municipal utility provided notice of thedelinquent status to the tenant and mailed a copy of the notice of delinquencyby first class mail to the last address of the owner or owner’s agent that ison file with the utility, within 30 days from the time the payment is due onthe account.
(4)A municipal utility shall not deny or shut off its service to any subsequenttenant based on any lien for an unpaid claim for services furnished to aprevious tenant who has vacated the premises unless the utility notified theowner or the owner’s agent of any delinquency by mailing a copy of the noticeof delinquency by first class mail to the last address of the owner or owner’sagent that is on file with the utility, at the time the notice was sent to theprevious tenant.
(5)A municipal utility may not provide service to a tenant if the tenant has aprevious unpaid bill with the municipal utility unless that municipal utilityand tenant agree to a plan for repayment of unpaid utility bills.
(6)A municipal utility shall have the same policy regarding the disconnection ofservices for nonpayment of an outstanding amount for a single family residenceoccupied by a tenant and for a single family residence occupied by the owner.
(7)A municipal utility shall provide information to the owner or owner’s agentregarding the status of a tenant’s account upon request, within a reasonableamount of time. If a request is made verbally, the municipal utility shallprovide the information verbally. If a municipal utility discloses informationunder this subsection, the municipal utility shall not be held responsible forthe disclosure of information to a person who is not an owner or owner’s agent.
(8)Subsections (5) and (6) of this section apply only if a municipal utility intendsto file a lien for unpaid utility services or intends to deny service to asubsequent tenant based on a claim for unpaid services to a previous tenant.
(9)Subsection (7) of this section applies only if a municipal utility intends tofile a lien for unpaid utility services or intends to deny service to asubsequent tenant based on a claim for unpaid services to a previous tenant.
(10)Nothing in this section creates, expands or abridges any authority of amunicipal utility to transfer a claim, based upon any contract, ordinance orlien.
(11)Nothing in this section shall abridge any procedural due process protectionssuch as notice and hearing that a tenant or subsequent tenant is entitled tounder a contract, utility policy, rule, statute or the state and federalConstitutions, prior to the denial or shutoff of service. [1987 c.611 §1; 1993c.786 §1]
Note: 91.255 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 91 or any series therein by legislative action. See Prefaceto Oregon Revised Statutes for further explanation.
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91.080 Terminationwhen expiration of tenancy fixed by terms of lease
91.090 Terminationof tenancy by failure to pay rent; reinstatement
91.100 Waiverof notice
91.110 Noticesto be in writing; how served
91.115 Tenantnot to deny landlord’s title
EVICTIONOF NONTENANTS
91.120 Evictionof employee; notice required
91.130 Evictionof purchaser or seller of property; notice required
RENT
91.210 Rentspayable in advance unless otherwise agreed; demand unnecessary
91.220 Tenantin possession liable for rent; remedies for recovery
91.225 Localrent control prohibited; exclusions; exceptions
EMBLEMENTS
91.230 Farmtenant’s right to emblements
MATTERSRELATING TO GAMBLING LEASES
91.240 Gamblingleases prohibited; status of rental contracts; termination; recovery ofpossession
91.245 Penaltyfor letting or renting a place for gambling purposes
UTILITYCLAIMS
91.255 Transferof claim; prohibition; limitations
CREATIONAND TERMINATION OF TENANCIES
91.010When tenancy is deemed to exist. A tenancy is deemed to exist under thischapter and ORS 105.115 and 105.120 when one has let real estate as a landlordto another. [Amended by 1987 c.158 §16]
91.020Tenancies classified.Tenancies are as follows: Tenancy at sufferance, tenancy at will, tenancyfor years, tenancy from year to year, tenancy from month to month, tenancy byentirety and tenancy for life. The times and conditions of the holdings shalldetermine the nature and character of the tenancy. [Amended by 1969 c.591 §273]
91.030Tenancy by entirety or for life. A tenancy by entirety and a tenancy forlife shall be such as now fixed and defined by the laws of the State of Oregon.[Amended by 1969 c.591 §274]
91.040Tenancy at sufferance. One who comes into possession of the real estate ofanother lawfully, but who holds over by wrong after the termination of theterm, is considered as a tenant at sufferance. No notice is required toterminate a tenancy at sufferance.
91.050Tenancy at will.One who enters into the possession of real estate with the consent of theowners, under circumstances not showing an intention to create a freeholdinterest, is considered a tenant at will. When the rent reserved in the leaseat will is payable at periods of less than three months, a notice to terminatethe tenancy is sufficient if it is equal to the interval between the times ofpayment of rent. The notice to terminate a tenancy at will is sufficient ifgiven for the prescribed period prior to the expiration of the period forwhich, by the terms of the lease and holding, rents are to be paid.
91.060Tenancy from year to year. One who enters into the possession of real estatewith the consent of the owner, and no certain time is mentioned, but an annualrent is reserved, is considered a tenant from year to year. A notice toterminate a tenancy from year to year is sufficient if it is given 60 daysprior to the expiration of the period for which, by the terms of the lease andholding, rents are to be paid.
91.070Tenancy from month to month. One who holds the lands or tenements ofanother, under the demise of the other, and no certain time has been mentioned,but a monthly rental has been reserved, is considered a tenant from month tomonth. Except as otherwise provided by statute or agreement, such tenancy mayonly be terminated by either the landlord or tenant giving the other, at anytime during the tenancy, not less than 30 days’ notice in writing prior to thedate designated in the notice for the termination of the tenancy. The tenancyshall terminate on the date designated and without regard to the expiration ofthe period for which, by the terms of the tenancy and holding, rents are to bepaid.
91.080Termination when expiration of tenancy fixed by terms of lease. A tenantentering into the possession of real estate may, by the terms of the lease, fixthe date of expiration of the tenancy, and when so fixed, no notice is requiredto render the holding of the tenant wrongful and by force after the expirationof the term as fixed by the lease.
91.090Termination of tenancy by failure to pay rent; reinstatement. The failure ofa tenant to pay the rent reserved by the terms of the lease for the period of10 days, unless a different period is stipulated in the lease, after it becomesdue and payable, operates to terminate the tenancy. No notice to quit or paythe rent is required to render the holding of such tenant thereafter wrongful;however, if the landlord, after such default in payment of rent, acceptspayment thereof, the lease is reinstated for the full period fixed by itsterms, subject to termination by subsequent defaults in payment of rent.
91.100Waiver of notice.Any person entering into the possession of real estate under written lease, asthe tenant of another, may, by the terms of the lease of the person, waive thegiving of any notice prescribed by ORS 91.050 to 91.070.
91.110Notices to be in writing; how served. All notices required by ORS 91.050 to91.070 and by ORS 105.120, must be in writing and must be served upon thetenant by being delivered to the tenant in person or by being posted in aconspicuous place on the leased premises in case of the absence of the tenant,or by being left at the residence or place of abode.
91.115Tenant not to deny landlord’s title. A tenant is not permitted to deny thetitle of the tenant’s landlord at the time of the commencement of the relation.[1981 c.892 §85]
EVICTIONOF NONTENANTS
91.120Eviction of employee; notice required. An employee described in ORS 90.110 (7)may only be evicted pursuant to ORS 105.105 to 105.168 after at least 24 hours’written notice of the termination of employment or a notice period set forth ina written employment contract, whichever is longer. This section does notcreate the relationship of landlord and tenant between a landlord and suchemployee. [1987 c.611 §3; 1997 c.577 §29; 2001 c.596 §41]
91.125 [1987 c.611 §5;repealed by 1993 c.369 §39]
91.130Eviction of purchaser or seller of property; notice required. A dwelling unitpurchaser or seller described in ORS 90.110 (2) may only be evicted pursuant toORS 105.105 to 105.168 after at least 24 hours’ written notice of thetermination of the occupancy or a notice period set forth in a writtenagreement of sale, whichever is longer. This section does not create therelationship of landlord and tenant between the seller and purchaser. [2001c.596 §2]
RENT
91.210Rents payable in advance unless otherwise agreed; demand unnecessary. Unlessotherwise expressly provided by the lease or terms of holding, all rentsreserved under the lease or terms of holding are due and payable in advance.The tenant shall pay or tender payment thereof on or prior to the first day ofthe rent paying period provided in the lease or by the terms of the holding,and no demand therefor is necessary to render a tenant in default.
91.220Tenant in possession liable for rent; remedies for recovery. (1) Everyperson in possession of land out of which any rent is due, whether it wasoriginally demised in fee, or for any other estate of freehold, or for any termof years, is liable for the amount or proportion of rent due from the land inpossession of the person, although it is only a part of what was originallydemised.
(2)Such rent may be recovered in an action at law, and the deed of demise, orother instrument in writing, if there is any, showing the provisions of thelease, may be used in evidence by either party to prove the amount due from thedefendant.
(3)This section shall not deprive landlords of any other legal remedy for therecovery of their rents, whether secured to them by their leases or provided bylaw.
91.225Local rent control prohibited; exclusions; exceptions. (1) The LegislativeAssembly finds that there is a social and economic need to insure an adequatesupply of affordable housing for Oregonians. The Legislative Assembly alsofinds that the imposition of general restrictions on housing rents will disruptan orderly housing market, increase deferred maintenance of existing housingstock, lead to abandonment of existing rental units and create a property taxshift from rental-owned to owner-occupied housing. Therefore, the LegislativeAssembly declares that the imposition of rent control on housing in the Stateof Oregon is a matter of statewide concern.
(2)Except as provided in subsections (3) to (5) of this section, a city or countyshall not enact any ordinance or resolution which controls the rent that may becharged for the rental of any dwelling unit.
(3)This section does not impair the right of any state agency, city, county orurban renewal agency as defined by ORS 457.035 to reserve to itself the rightto approve rent increases, establish base rents or establish limitations onrents on any residential property for which it has entered into a contractunder which certain benefits are applied to the property for the expressedpurpose of providing reduced rents for low income tenants. Such benefitsinclude, but are not limited to, property tax exemptions, long-term financing,rent subsidies, code enforcement procedures and zoning density bonuses.
(4)Cities and counties are not prohibited from including in condominium conversionordinances a requirement that, during the notification period specified in ORS100.305, the owner or developer may not raise the rents of any affected tenantexcept by an amount established by ordinance that does not exceed the limitimposed by ORS 90.493.
(5)Cities, counties and state agencies may impose temporary rent controls when anatural or man-made disaster that materially eliminates a significant portionof the rental housing supply occurs, but must remove the controls when therental housing supply is restored to substantially normal levels.
(6)As used in this section, “dwelling unit” and “rent” have the meaning giventhose terms in ORS 90.100.
(7)This section is applicable throughout this state and in all cities and countiestherein. The electors or the governing body of a city or county shall notenact, and the governing body shall not enforce, any ordinance, resolution orother regulation that is inconsistent with this section. [1985 c.335 §2; 2007c.705 §3]
EMBLEMENTS
91.230Farm tenant’s right to emblements. When the leasing or occupation is forthe purpose of farming or agriculture, the tenant or person in possessionshall, after the termination of the lease or occupancy, have free access to thepremises to cultivate and harvest or gather any crop or produce of the soilplanted or sown by the tenant or person in possession before the service ofnotice to quit. [Formerly 91.310]
MATTERSRELATING TO GAMBLING LEASES
91.240Gambling leases prohibited; status of rental contracts; termination; recoveryof possession.(1) No person shall let or rent any house, room, shop or other building, or anyboat, booth, garden or other place, knowing or having reason to believe it willbe used for gambling purposes.
(2)All contracts for the rent of a room, building or place in violation ofsubsection (1) of this section are void between the parties.
(3)Any person letting or renting any room, building, or place mentioned insubsection (1) of this section which is at any time used by the lessee oroccupant thereof, or any other person with the knowledge or consent of thelessee or occupant, for gambling purposes, upon discovery thereof, may avoidand terminate such lease or contract of occupancy, and recover immediatepossession of such building or other place by an action at law for that purposeto be brought before any justice of the peace of the county in which the use ispermitted. [Formerly 91.410]
91.245Penalty for letting or renting a place for gambling purposes. Violation ofORS 91.240 (1) results in a forfeiture of twice the amount of the rent of suchbuilding or other place for six months to be recovered by action at lawinstituted by the district attorney in the name of the state. [Formerly 91.420]
UTILITYCLAIMS
91.255Transfer of claim; prohibition; limitations. (1) As used in this section, “municipalutility” means any city, county or district that provides or deliverselectricity, natural gas, domestic water, sewer service or garbage or refuseservice. A “municipal utility” does not include a people’s utility district.
(2)A utility company shall not transfer a claim against a tenant to the owner ofthe real property without the written consent of the owner.
(3)A municipal utility shall not transfer a claim against a tenant to the owner ofthe real property unless the municipal utility provided notice of thedelinquent status to the tenant and mailed a copy of the notice of delinquencyby first class mail to the last address of the owner or owner’s agent that ison file with the utility, within 30 days from the time the payment is due onthe account.
(4)A municipal utility shall not deny or shut off its service to any subsequenttenant based on any lien for an unpaid claim for services furnished to aprevious tenant who has vacated the premises unless the utility notified theowner or the owner’s agent of any delinquency by mailing a copy of the noticeof delinquency by first class mail to the last address of the owner or owner’sagent that is on file with the utility, at the time the notice was sent to theprevious tenant.
(5)A municipal utility may not provide service to a tenant if the tenant has aprevious unpaid bill with the municipal utility unless that municipal utilityand tenant agree to a plan for repayment of unpaid utility bills.
(6)A municipal utility shall have the same policy regarding the disconnection ofservices for nonpayment of an outstanding amount for a single family residenceoccupied by a tenant and for a single family residence occupied by the owner.
(7)A municipal utility shall provide information to the owner or owner’s agentregarding the status of a tenant’s account upon request, within a reasonableamount of time. If a request is made verbally, the municipal utility shallprovide the information verbally. If a municipal utility discloses informationunder this subsection, the municipal utility shall not be held responsible forthe disclosure of information to a person who is not an owner or owner’s agent.
(8)Subsections (5) and (6) of this section apply only if a municipal utility intendsto file a lien for unpaid utility services or intends to deny service to asubsequent tenant based on a claim for unpaid services to a previous tenant.
(9)Subsection (7) of this section applies only if a municipal utility intends tofile a lien for unpaid utility services or intends to deny service to asubsequent tenant based on a claim for unpaid services to a previous tenant.
(10)Nothing in this section creates, expands or abridges any authority of amunicipal utility to transfer a claim, based upon any contract, ordinance orlien.
(11)Nothing in this section shall abridge any procedural due process protectionssuch as notice and hearing that a tenant or subsequent tenant is entitled tounder a contract, utility policy, rule, statute or the state and federalConstitutions, prior to the denial or shutoff of service. [1987 c.611 §1; 1993c.786 §1]
Note: 91.255 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 91 or any series therein by legislative action. See Prefaceto Oregon Revised Statutes for further explanation.
