Chapter § 31.10 ADDITIONAL POST-TENANCY NOTICES AND ISSUES

• Jurisdiction: Oregon

§ 31.10 ADDITIONAL POST-TENANCY NOTICES AND ISSUES

§ 31.10-1 Disposition of Abandoned Property

ORS 90.425 regulates the disposition of abandoned personal property, including an abandoned manufactured dwelling and floating home outside of a facility, an abandoned recreational vehicle, and all other abandoned personal property. ORS 90.425. In the context of an abandoned manufactured dwelling or floating home located inside a facility, ORS 90.675 prescribes the required course of action. Although ORS 90.425 and ORS 90.675 are essentially a mirror image of each other, there are substantive differences of which lawyers must be aware.

Disposition of abandoned property is an extremely complicated issue. Abandonment procedures are beyond the scope of this chapter. However, they are discussed in chapter 63. Failure to follow all requirements of ORS 90.425 or ORS 90.675, or both, may result in significant damages to be paid by the landlord, along with attorney fees awarded to the prevailing party. See ORS 90.425(17), ORS 90.675(18), as amended by Or Laws 2015, ch 217, § 4.

§ 31.10-2 Security-Deposit Accounting Statement

A security deposit is "a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement." ORS 90.100(41). A security deposit "does not include a fee." ORS 90.100(41). A security deposit does include any last-month's rent deposit. ORS 90.300(1). The written rental agreement must reference any security deposit, and the landlord may not charge a tenant a pet security deposit if the animal is a service animal or companion animal "that a tenant with a disability requires as a reasonable accommodation under fair housing laws." ORS 90.300(4).

ORS 90.300 regulates all aspects of security deposits and post-tenancy security deposit accounting statements. ORS 90.300(12) specifies that

[i]n order to claim all or part of any prepaid rent or security deposit, within 31 days after the tenancy terminates and the tenant delivers possession the landlord shall give to the tenant a written accounting that states specifically the basis or bases of the claim. The landlord shall give a separate accounting for security deposits and for prepaid rent.

The landlord must return to the tenant the security deposit or prepaid rent (or the portion not claimed by the landlord) "not later than 31 days after the tenancy terminates and the tenant delivers possession to the...