Chapter § 31.1 INTRODUCTION

• Jurisdiction: Oregon

§ 31.1 INTRODUCTION

§ 31.1-1 Scope of Chapter

This chapter reviews residential landlord-tenant disputes and relations, with a focus on ORS chapter 90 (Residential Landlord and Tenant Act). Commercial tenancies are subject to ORS chapter 91, and are not within the scope of this chapter. However, commercial tenancies are discussed extensively in chapter 32. Fair-housing laws, the residential-abandonment process (ORS 90.425 and ORS 90.675), subsidized-housing requirements, and post-foreclosure evictions are also beyond the scope of this chapter.

§ 31.1-2 Coverage of the Oregon Residential Landlord and Tenant Act

ORS chapter 90 (Residential Landlord and Tenant Act) applies to most residential landlord-tenant relations throughout the State of Oregon. See ORS 90.115 ("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."). The act applies to landlords and tenants. See ORS 90.100(23) for the definition of landlord and ORS 90.100(47) for the definition of a tenant. As a tenant must be "entitled under a rental agreement to occupy a dwelling unit to the exclusion of others," one must assess whether or not there is a rental agreement between the parties. See ORS 90.100(38) for the definition of a rental agreement.

ORS 90.110, however, excludes nine types of occupancy from coverage under the Residential Landlord and Tenant Act:

(1) Occupancy which is "incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service, but not including residents in off-campus non-dormitory housing" (ORS 90.110(1));

(2) Occupancy "prior to the scheduled closing of a real estate sale or by a seller following closing of a sale . . . as permitted under the terms of an agreement for sale of a dwelling unit"; this does not apply to a "tenant who holds but has not exercised an option to purchase the dwelling unit" (ORS 90.110(2));

(3) "Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization" (ORS 90.110(3));

(4) "Transient occupancy in a hotel or motel" (ORS 90.110(4));

NOTE: Transient occupancy is defined under ORS 90.100(49) as "occupancy in transient lodging that has all of the following characteristics: (a) Occupancy is charged on a daily basis and is not collected more than six days in advance; (b) The lodging operator provides maid and linen

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