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Residential Landlord and Tenant Act

Note: In some of the answer sections of this booklet you will see references to ORS, which stands for Oregon Revised Statutes. For example, ORS 90.110. These references are to some of Oregon's landlord-tenant laws. These statutes can be found in most libraries as a part of a sixteen-volume set. You do not need to read these laws to use this booklet

1. Does the law protect tenants?

Yes. A state law, called the Oregon Residential Landlord and Tenant Act, sets rules that landlords should follow. These rules apply if you rent a home, apartment, or room to sleep in, with only a few exceptions. The rules listed in this booklet do not apply to the following exceptions: transient occupancy in a hotel or motel; living in a place as part of your employment in or around the rental building, such as a resident manager or janitor; for a buyer, living in a place within 90 days before the closing of a sale, or for a seller, living in a place within 90 days after the closing of a sale; living on land rented primarily for the purpose of farming; living in certain institutions; living in a place as a squatter; and living in a place on vacation for less than 45 days if you have another home. A squatter is a person who moved in without permission from the landlord or tenant. (ORS 90.110)

2. Do the landlord and tenant laws protect people who are living in a hotel or motel?

Yes, unless the renter has a 'transient occupancy' in the hotel or motel. There is a 'transient occupancy' when: 1) rent is charged per day and is not collected more than six days in advance; and 2) maid and linen service is provided at least once every two days; and 3) the person has not lived there more than 30 days. All other people living in a hotel or motel are covered by the Landlord and Tenant Act.

3. What are my rights if I rent space for a mobile home/manufactured dwelling or houseboat?

Tenants who are renting space in a mobile home/manufactured dwelling park or floating home moorage but who own (or are buying) a mobile or floating home have more rights than other tenants. For example, prior to eviction, the landlord must give you a 30-day written notice listing the problems. If you correct the problems listed in the notice during the 30 days, you may stay. If you violate the same section within 6 months the landlord can give you a 20-day notice without giving you a chance to correct the problems. Other time periods may apply if the landlord's notice is based on your failure to keep your home in good repair. If your landlord is closing the mobile home/manufactured dwelling park, the landlord must give 365 days' notice in writing or locate another reasonable space for the same rent, pay for moving your home and give 180 days' notice. For more information, contact a law office.

Tenants who own (or are buying) a mobile home or floating home but who rent space that is not part of a manufactured dwelling park or floating home moorage may be evicted with a 180-day notice without cause. There are different rules for RVs (recreational vehicles). Contact a lawyer if you have questions.

 

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