Chapter § 31.3 RENTAL AGREEMENTS AND RELATED DOCUMENTS

• Jurisdiction: Oregon

§ 31.3 RENTAL AGREEMENTS AND RELATED DOCUMENTS

§ 31.3-1 Types of Residential Rental Agreements

There are three types of rental agreements for a residential tenancy: week-to-week, month-to-month, and fixed-term lease.

A week-to-week tenancy is defined under ORS 90.100(52) as a tenancy which has the following characteristics:

(a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;
(b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under [ORS Chapter 90]; and
(c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS 90.295.

A month-to-month tenancy is defined under ORS 90.100(30) as "a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties."

A fixed-term lease or fixed-term tenancy is defined under ORS 90.100(18) as "a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination." In a manufactured-dwelling park or floating-home marina, the minimum term of a fixed-term lease is two years. ORS 90.550.

There are four distinct forms of residential rental agreement. These are for (1) a week-to-week tenancy, (2) a manufactured-dwelling-park tenancy, (3) a recreational-vehicle-park tenancy, and (4) a form for all other residential tenancies covered by the Residential Landlord and Tenant Act.

§ 31.3-1(a) Manufactured-Dwelling-Park and Floating-Home-Marina Rental Agreement

The rental agreement for a manufactured-dwelling-park and floating-home-marina tenancy is regulated by ORS 90.510. This requires that the rental agreement set forth at least 13 separate pieces of information. See ORS 90.510(5)(a)-(m).

ORS 90.680 regulates all aspects of the tenant's sale of his or her manufactured dwelling or floating home on site; it also regulates screening of applicants (and prospective buyers) of the home by the landlord. Subsection (8) (as amended by Or Laws 2015, ch 217, § 5) specifies that if the prospective buyer wishes to leave the dwelling or home on the rented space and become a tenant, the landlord may require the following in the rental agreement:

(a) Except when a termination or abandonment occurs, that a tenant give not more than 10 days' notice in writing prior to the sale of the dwelling or home on a rented space;
(b) That prior to the sale, the prospective purchaser submit to the landlord a complete and accurate written application for occupancy of the dwelling or home as a tenant after the sale is finalized and that a prospective purchaser may not occupy the dwelling or home until after the prospective purchaser is accepted by the landlord as a tenant;
(c) That a tenant give notice to any lienholder, prospective purchaser or person licensed to sell dwellings or homes of the requirements of paragraphs (b) and (d) of this subsection, the location of all properly functioning smoke alarms and any other rules and regulations of the facility such as those described in ORS 90.510(5)(b), (f), (h) and (j); and
(d) If the sale is not by a lienholder, that the prospective purchaser pay in full all rents, fees, deposits

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