Landlord Tenant – Lease Termination – Oregon
CREATION AND TERMINATION OF TENANCIES
When tenancy is deemed to exist.
A tenancy is deemed to exist under this chapter and ORS 105.115 and 105.120 when one has let real estate as a landlord to another. [Amended by 1987 c.158 s.16] Chap. 91, §91.010
Tenancies are as follows: Tenancy at sufferance, tenancy at will, tenancy for years, tenancy from year to year, tenancy from month to month, tenancy by entirety and tenancy for life. The times and conditions of the holdings shall determine the nature and character of the tenancy. [Amended by 1969 c.591 s.273] Chap. 91, §91.020
Tenancy by entirety or for life.
A tenancy by entirety and a tenancy for life shall be such as now fixed and defined by the laws of the State of Oregon. [Amended by 1969 c.591 s.274] Chap. 91, §91.030
Tenancy at sufferance.
One who comes into possession of the real estate of another lawfully, but who holds over by wrong after the termination of the term, is considered as a tenant at sufferance. No notice is required to terminate a tenancy at sufferance. Chap. 91, §91.040
Tenancy at will.
One who enters into the possession of real estate with the consent of the owners, under circumstances not showing an intention to create a freehold interest, is considered a tenant at will. When the rent reserved in the lease at will is payable at periods of less than three months, a notice to terminate the tenancy is sufficient if it is equal to the interval between the times of payment of rent. The notice to terminate a tenancy at will is sufficient if given for the prescribed period prior to the expiration of the period for which, by the terms of the lease and holding, rents are to be paid. Chap. 91, §91.050
Tenancy from year to year.
One who enters into the possession of real estate with the consent of the owner, and no certain time is mentioned, but an annual rent is reserved, is considered a tenant from year to year. A notice to terminate a tenancy from year to year is sufficient if it is given 60 days prior to the expiration of the period for which, by the terms of the lease and holding, rents are to be paid. Chap. 91, §91.060
Tenancy from month to month.
One who holds the lands or tenements of another, 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 to month. Except as otherwise provided by statute or agreement, such tenancy may only be terminated by either the landlord or tenant giving the other, 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. The tenancy shall terminate on the date designated and without regard to the expiration of the period for which, by the terms of the tenancy and holding, rents are to be paid. Chap. 91, §91.070
Termination when expiration of tenancy fixed by terms of lease.
A tenant entering into the possession of real estate may, by the terms of the lease, fix the date of expiration of the tenancy, and when so fixed, no notice is required to render the holding of the tenant wrongful and by force after the expiration of the term as fixed by the lease. Chap. 91, §91.080
Termination of tenancy by failure to pay rent; reinstatement.
The failure of a tenant to pay the rent reserved by the terms of the lease for the period of 10 days, unless a different period is stipulated in the lease, after it becomes due and payable, operates to terminate the tenancy. No notice to quit or pay the rent is required to render the holding of such tenant thereafter wrongful; however, if the landlord, after such default in payment of rent, accepts payment thereof, the lease is reinstated for the full period fixed by its terms, subject to termination by subsequent defaults in payment of rent. Chap. 91, §91.090
Waiver of notice.
Any person entering into the possession of real estate under written lease, as the tenant of another, may, by the terms of the lease of the person, waive the giving of any notice prescribed by ORS 91.050 to 91.070. Chap. 91, §91.100
Notices to be in writing; how served.
All notices required by ORS 91.050 to 91.070 and by ORS 105.120, must be in writing and must be served upon the tenant by being delivered to the tenant in person or by being posted in a conspicuous place on the leased premises in case of the absence of the tenant, or by being left at the residence or place of abode. Chap. 91, §91.110
Tenant not to deny landlord’s title.
A tenant is not permitted to deny the title of the tenant’s landlord at the time of the commencement of the relation. [1981 c.892 s.85] Chap. 91, §91.115
Eviction of employee; notice required.
A landlord or employer of an employee of the landlord, as set forth in ORS 90.110 (7), may only evict the employee pursuant to ORS 105.105 to 105.168 after 24 hours following written notice of the termination of employment or as set forth in a written employment contract, whichever is longer. This section does not create the relationship of landlord and tenant between a landlord and such employee. [1987 c.611 s.3; 1997 c.577 s.29] Chap. 91, §91.120
91.125 [1987 c.611 s.5; repealed by 1993 c.369 s.39]
Rents payable in advance unless otherwise agreed; demand unnecessary.
Unless otherwise expressly provided by the lease or terms of holding, all rents reserved 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 of the 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. Chap. 91, §91.210
Tenant in possession liable for rent; remedies for recovery.
(1) Every person in possession of land out of which any rent is due, whether it was originally demised in fee, or for any other estate of freehold, or for any term of years, is liable for the amount or proportion of rent due from the land in possession of the person, although it is only a part of what was originally demised.
(2) Such rent may be recovered in an action at law, and the deed of demise, or other instrument in writing, if there is any, showing the provisions of the lease, may be used in evidence by either party to prove the amount due from the defendant.
(3) This section shall not deprive landlords of any other legal remedy for the recovery of their rents, whether secured to them by their leases or provided by law. Chap. 91, §91.220
Local rent control prohibited; exclusions; exceptions.
(1) The Legislative Assembly finds that there is a social and economic need to insure an adequate supply of affordable housing for Oregonians. The Legislative Assembly also finds that the imposition of general restrictions on housing rents will disrupt an orderly housing market, increase deferred maintenance of existing housing stock, lead to abandonment of existing rental units and create a property tax shift from rental-owned to owner-occupied housing. Therefore, the Legislative Assembly declares that the imposition of rent control on housing in the State of Oregon is a matter of statewide concern.
(2) Except as provided in subsections (3) to (5) of this section, a city or county shall not enact any ordinance or resolution which controls the rent that may be charged for the rental of any dwelling unit.
(3) This section does not impair the right of any state agency, city, county or urban renewal agency as defined by ORS 457.035 to reserve to itself the right to approve rent increases, establish base rents or establish limitations on rents on any residential property for which it has entered into a contract under which certain benefits are applied to the property for the expressed purpose of providing reduced rents for low income tenants. Such benefits include, 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 conversion ordinances a requirement that, during the notification period specified in ORS 100.305, the owner or developer may not raise the rents of any affected tenant except in a proportional amount equal to the percentage increase in the All Items Portland Consumer Price Index since the date of the last rent increase for the dwelling unit then occupied by the affected tenant.
(5) Cities, counties and state agencies may impose temporary rent controls when a natural or man-made disaster that materially eliminates a significant portion of the rental housing supply occurs, but must remove the controls when the rental housing supply is restored to substantially normal levels.
(6) As used in this section, “dwelling unit” and “rent” have the meaning given those terms in ORS 90.100.
(7) This section is applicable throughout this state and in all cities and counties therein. The electors or the governing body of a city or county shall not enact, and the governing body shall not enforce, any ordinance, resolution or other regulation that is inconsistent with this section. Chap. 91, §91.225 [1985 c.335 s.2]
Farm tenant’s right to emblements.
When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of the lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or sown by the tenant or person in possession before the service of notice to quit. [Formerly 91.310] Chap. 91, §91.230
MATTERS RELATING TO GAMBLING LEASES
Gambling leases prohibited; status of rental contracts; termination; recovery of possession.
(1) No person shall let or rent any house, room, shop or other building, or any boat, booth, garden or other place, knowing or having reason to believe it will be used for gambling purposes.
(2) All contracts for the rent of a room, building or place in violation of subsection (1) of this section are void between the parties.
(3) Any person letting or renting any room, building, or place mentioned in subsection (1) of this section which is at any time used by the lessee or occupant thereof, or any other person with the knowledge or consent of the lessee or occupant, for gambling purposes, upon discovery thereof, may avoid and terminate such lease or contract of occupancy, and recover immediate possession of such building or other place by an action at law for that purpose to be brought before any justice of the peace of the county in which the use is permitted. [Formerly 91.410] Chap. 91, §91.240
Penalty for letting or renting a place for gambling purposes.
Violation of ORS 91.240 (1) results in a forfeiture of twice the amount of the rent of such building or other place for six months to be recovered by action at law instituted by the district attorney in the name of the state. [Formerly 91.420] Chap. 91, §91.245
Transfer of claim; prohibition; limitations.
(1) As used in this section, “municipal utility” means any city, county or district that provides or delivers electricity, natural gas, domestic water, sewer service or garbage or refuse service. 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 of the real property without the written consent of the owner.
(3) A municipal utility shall not transfer a claim against a tenant to the owner of the real property unless the municipal utility provided notice of the delinquent status to the tenant and mailed a copy of the notice of delinquency by first class mail to the last address of the owner or owner’s agent that is on file with the utility, within 30 days from the time the payment is due on the account.
(4) A municipal utility shall not deny or shut off its service to any subsequent tenant based on any lien for an unpaid claim for services furnished to a previous tenant who has vacated the premises unless the utility notified the owner or the owner’s agent of any delinquency by mailing a copy of the notice of delinquency by first class mail to the last address of the owner or owner’s agent that is on file with the utility, at the time the notice was sent to the previous tenant.
(5) A municipal utility may not provide service to a tenant if the tenant has a previous unpaid bill with the municipal utility unless that municipal utility and tenant agree to a plan for repayment of unpaid utility bills.
(6) A municipal utility shall have the same policy regarding the disconnection of services for nonpayment of an outstanding amount for a single family residence occupied 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 agent regarding the status of a tenant’s account upon request, within a reasonable amount of time. If a request is made verbally, the municipal utility shall provide the information verbally. If a municipal utility discloses information under this subsection, the municipal utility shall not be held responsible for the 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 intends to file a lien for unpaid utility services or intends to deny service to a subsequent 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 to file a lien for unpaid utility services or intends to deny service to a subsequent tenant based on a claim for unpaid services to a previous tenant.
(10) Nothing in this section creates, expands or abridges any authority of a municipal utility to transfer a claim, based upon any contract, ordinance or lien.
(11) Nothing in this section shall abridge any procedural due process protections such as notice and hearing that a tenant or subsequent tenant is entitled to under a contract, utility policy, rule, statute or the state and federal Constitutions, prior to the denial or shutoff of service. [1987 c.611 s.1; 1993 c.786 s.1] Chap. 91, §91.255
Note: §91.255 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 91 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.