If the tenant does not obtain renter's liability insurance within the 30-day period: (a) The landlord may terminate the tenancy pursuant to ORS 90.392; and. (32) "Owner" includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested: (a) All or part of the legal title to property; or. Where there are references in this chapter to periods or notices based on a number of hours, those hours shall be calculated in consecutive clock hours, beginning immediately upon service. (B) The most recent incident(s) that I rely on in support of this statement occurred on the following date(s):_________. (3) A landlord that meets the following requirements designed to promote conservation is not required to comply with subsection (1) of this section: (A) Bill for water provided to a space using the pro rata billing method described in ORS 90.532 (1)(b)(C)(ii) by apportioning the utility provider's charge to tenants on a pro rata basis, with only the following factors being considered in the apportionment, notwithstanding ORS 90.534 (2)(c): (i) The number of tenants or occupants in the manufactured dwelling compared with the number of tenants or occupants in the manufactured dwelling park; and. (3) A landlord has not accepted rent for purposes of subsection (2) of this section if: (a) Within 10 days after receipt of the rent payment, the landlord refunds the rent; or. (33) "Person" includes an individual or organization. (2) If a manufactured dwelling or floating home was occupied immediately prior to abandonment by a person other than the facility tenant, and the name and address of the person are known to the landlord, a landlord selling or disposing of the dwelling or home under subsection (1) of this section shall promptly send the person a copy of the notice sent to the facility tenant under ORS 90.675 (3). (b) The specified date for repair contained in a written notice given to a landlord under this subsection must be at least seven days after the date the notice is given to the landlord. The landlord shall file a registration and pay a registration fee for each park owned or managed by the landlord. See Preface to Oregon Revised Statutes for further explanation. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility shall be governed by ORS 90.730, not by this section. 90.725 Landlord or agent access to rented space; remedies. (c) A facility for manufactured dwellings or floating homes. (i) The purchase of a facility by a governmental entity under that entity's powers of eminent domain. (a) A public or private sale authorized by this section must be conducted consistent with the terms listed in subsection (10)(a)(B)(i) of this section. (b) Upon receiving notice from an official or agency determining the premises to be unfit for use, the landlord shall promptly give written notice to the tenant as provided in subsection (3) of this section. If a tenant has not previously given the landlord the 10 days' notice required under subsection (4)(a) of this section, the period provided for the landlord to accept or reject a complete and accurate written application is extended to 10 days. If a landlord fails to promptly act, the tenant may change the locks without the landlord's permission. 1437f. (9) After the effective date of the rule or regulation change, when a tenant continues to engage in an activity affected by the new rule or regulation to which the landlord objects, the landlord may give the tenant a notice of termination of the tenancy pursuant to ORS 90.630. (B) Shall give a tenant a written notice describing the noncompliance when assessing a fee for a second or subsequent noncompliance that occurs within one year after the warning notice. The tenant's written request may specify allowable times. (1) An alternative energy device installed in a dwelling unit by a tenant with the landlord's written permission is not a fixture in which the landlord has a legal interest, except as otherwise expressly provided in a written agreement between the landlord and tenant. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the property without further notice to the lienholder.
California Code of Regulations, Article 4, Section 5540.1 - Recording (B) "Bedroom" means a room that is intended to be used primarily for sleeping purposes and does not include bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas. (b) A landlord may charge a tenant for rent for any period during which the tenant occupies the space and may deduct from the payment amount required by subsection (1) of this section any unpaid moneys owed by the tenant to the landlord. (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 that the tenant must prove that prior to the filing of the landlord's action the landlord reasonably had or should have had knowledge or had received actual notice of the facts that constitute the tenant's counterclaim. If the tenant fails to make the repair as required, the landlord may terminate the tenancy pursuant to ORS 90.630. (3) Notwithstanding subsections (1) and (2) of this section, a landlord may terminate the tenancy of a victim of domestic violence, sexual assault or stalking if the landlord has previously given the tenant a written warning regarding the conduct of the perpetrator relating to domestic violence, sexual assault or stalking and: (a) The tenant permits or consents to the perpetrator's presence on the premises and the perpetrator is an actual and imminent threat to the safety of persons on the premises other than the victim; or. Note: 90.650 (4) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 90 or any series therein by legislative action. (5) Notwithstanding the release from a rental agreement of a tenant who is a victim of domestic violence, sexual assault or stalking and any tenant who is an immediate family member of that tenant, other tenants remain subject to the rental agreement. At this point he has over 100 properties under his belt. If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement. (a) Except as provided in paragraphs (b) and (c) of this subsection, a tenant shall have a cause of action against the landlord for a violation of ORS 90.510 (4) for any damages sustained as a result of such violation, or $100, whichever is greater. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord's agent prior to, or at the time of, the attempt by the landlord or landlord's agent to enter. (e) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours' actual notice of the intent of the landlord to enter and the landlord or landlord's agent may enter only at reasonable times. An application is not complete until the prospective purchaser pays any required applicant screening charge and provides the landlord with all information and documentation, including any financial data and references, required by the landlord pursuant to ORS 90.510 (5)(i). What is the difference between a title and a deed? (2) A tenant who requests a writing that evidences the tenant's payment is entitled to receive that writing from the landlord as a condition for making the payment. (g) If the representative or person violates the storage agreement, the landlord may terminate the agreement by giving at least 30 days' written notice to the representative or person stating facts sufficient to notify the representative or person of the reason for the termination. The person listed is the one that can claim legal ownership of the property. Mobile Home Friend LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. (21) If the personal property is other than a manufactured dwelling or floating home and is considered abandoned as a result of the death of a tenant who was the only tenant and who owned the personal property, this section applies except as follows: (a) The following persons have the same rights and responsibilities regarding the abandoned personal property as a tenant: (B) Any personal representative named in a will or appointed by a court to act for the deceased tenant. Find out more here. If the personal property is considered to be abandoned pursuant to subsection (2)(a) or (b) of this section, but not pursuant to subsection (2)(c) of this section, the landlord may require payment of removal and storage charges, as provided in subsection (7)(d) of this section, prior to allowing the tenant, lienholder or owner to remove the personal property. (5) Except as provided in subsection (3) of this section, a tenant is responsible for maintaining the trees on the tenant's space in a manufactured dwelling park at the tenant's expense. 90.630 Termination by landlord; causes; notice; cure; repeated nonpayment of rent. (b) A tenant may not become a temporary occupant in the tenant's own dwelling unit. How many mobile home titles should you have? Once they receive the duplicate title, then youll both need to sign the title form, and you can have the local motor vehicle department transfer title to you as the new owner of record. (E) May not deduct a fee assessed pursuant to this subsection from a rent payment for the current or a subsequent rental period. (B) Are the same as those offered to new or prospective tenants in the facility at the time the proposed agreement is submitted to the tenant and for the six-month period preceding the submission of the proposed agreement or, if there have been no new or prospective tenants during the six-month period, are the same as are customary for the rental market; (b) Are consistent with the rights and remedies provided to tenants under this chapter, including the right to keep a pet pursuant to ORS 90.530; (c) Do not relate to the age, size, style, construction material or year of construction of the manufactured dwelling or floating home contrary to ORS 90.632 (2); and. (4) The tenant may not terminate or recover damages under this section for a condition caused by the deliberate or negligent act or omission of the tenant or other person on the premises with the tenant's permission or consent. (26) "Last month's rent deposit" means a type of security deposit, however designated, the primary function of which is to secure the payment of rent for the last month of the tenancy. (4) As used in this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol or illegal drugs while living in drug and alcohol free housing. (5) For a continuous or ongoing violation, the landlord's written warning notice under subsection (4)(b) of this section remains effective for 12 months and may be renewed with a new warning notice before the end of the 12 months. Unless the lienholder corrects the violation within the notice period, the agreement terminates as provided and the landlord may sell or dispose of the dwelling or home without further notice to the lienholder. (27) Until personal property is conclusively presumed to be abandoned under subsection (9) of this section, a landlord does not have a lien pursuant to ORS 87.152 for storing the personal property. 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. (4) This section does not apply to a vacation occupancy. (a) Require that a tenant obtain renter's liability insurance from a particular insurer; (b) Require that a tenant name the landlord as an additional insured or as having any other special status on the tenant's renter's liability insurance policy; (c) Require that a tenant waive the insurer's subrogation rights; or. (5) A landlord has no other right of access except: (c) When the tenant has abandoned or relinquished the premises. (3) Except as provided in subsection (2) of this section, the landlord may not bill or collect more money from tenants for utilities or services than the utility or service provider charges the landlord. (B) A prosecution-based victim assistance program or unit. (3) A utility or service charge to be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from the utility or service charge for the tenant's space. Before you leave, here is a quick explanation of what an affidavit of affixture is. Within four days of the tenant's notice of termination, the landlord shall return to the tenant: (a) All of the security deposit or prepaid rent owed to the tenant under ORS 90.300; and. (6) The department shall annually send a written reminder notice regarding continuing education requirements under this section to each manufactured dwelling park at the address shown in the park registration filed under ORS 90.732. (2) Causes for termination under this section are: (a) Material violation by the tenant of the rental agreement. This chapter shall be known and may be cited as the "Residential Landlord and Tenant Act." A storage charge may include a utility or service charge, as described in ORS 90.532, if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. (d) If the tenant, a lienholder or a personal representative or designated person does not remove the property within the time allowed, the landlord or a buyer at a sale by the landlord under subsection (11) of this section shall promptly remove the property from the facility. If the pet is not removed by the date specified, the tenancy shall terminate and the landlord may take possession in the manner provided in ORS 105.105 to 105.168. (D) Burglary as described in ORS 164.215 and 164.225. (2) Unless otherwise provided, ORS 90.100 to 90.465 apply to rental agreements that are subject to ORS 90.505 to 90.840. (5) Notwithstanding subsection (1) of this section: (a) A landlord is not required to make a payment to a tenant as provided in subsection (1) of this section unless the tenant gives the landlord not less than 30 days' and not more than 60 days' written notice of the date within the 365-day period on which the tenant will cease tenancy, whether by relocation or abandonment of the manufactured dwelling. 90.620 Termination by tenant; notice to landlord. (3) The department, in consultation with the office, shall adopt rules establishing a sample form and explanation for the property tax assessment appeal. The landlord may also give any prospective purchaser a copy of any such notice. The tenant need not terminate the rental agreement, obtain injunctive relief or recover possession to recover damages under this section. (2) Notwithstanding ORS 90.100 (47), a facility tenant who enters into a subleasing agreement continues to be the tenant of the facility space and retains all rights and obligations of a facility tenant under the rental agreement and this chapter. (a) Prior to causing a repair under subsection (2) of this section, the tenant shall give the landlord written notice: (A) Describing the minor habitability defect; and. The size of the signs and the length of time for which the signs may be displayed are subject to the reasonable rules of the landlord. (C) Inability to verify information regarding credit history. (b) Material violation by the tenant of ORS 90.325. Leave a comment if you have questions and well do whatever we can to help you get an answer to your question. (c) Post a bond or pay a deposit in an amount not to exceed the cost of restoring the premises to its condition at the time of installation of the alternative energy device. Resources for those affected by wildfires and other natural disasters in Oregon. (1) A tenant may give actual notice to the landlord that the tenant is a victim of domestic violence, sexual assault or stalking and may request that the locks to the dwelling unit be changed. (1) As used in this section, "posted" means that a governmental agency has attached a copy of the agency's written determination in a secure manner to the main entrance of the dwelling unit or to the premises or building of which the dwelling unit is a part. Please enter your city, county, or zip code. (a) If a tenant gives a landlord at least 14 days' written notice, and the notice so requests, the landlord shall release the tenant and any immediate family member of the tenant from the rental agreement. (3) In periodic tenancies, a landlord may change the type or amount of late charge by giving 30 days' written notice to the tenant. [2011 c.503 17; 2013 c.443 12]. (1) If a landlord requires an applicant to pay an applicant screening charge and the application is denied, or if an applicant makes a written request following the landlord's denial of an application, the landlord must promptly provide the applicant with a written statement of one or more reasons for the denial. [2009 c.510 4; 2011 c.42 7a; 2013 c.294 10]. [1999 c.397 2]. 90.275 Temporary occupancy agreement; terms and conditions. However, you might be able to request a duplicate title so that both you and the lien holder have a copy. (2) During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.
Legal Owner Vs Registered Owner - isalegal (3) The purpose of ORS 90.100, 90.630, 90.760, 90.800 to 90.840, 308.905, 446.003, 456.579 and 456.581 is to strengthen the private housing market in Oregon by encouraging all Oregonians to have the ability to participate in the purchase of housing of their choice.
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