ORS 90.425
Disposition of personal property abandoned by tenant

  • notice
  • sale
  • limitation on landlord liability
  • tax cancellation
  • storage agreements
  • hazardous property

(1)

As used in this section:

(a)

“Current market value” means the amount in cash, as determined by the county assessor, that could reasonably be expected to be paid for a manufactured dwelling or floating home by an informed buyer to an informed seller, each acting without compulsion in an arm’s-length transaction occurring on the assessment date for the tax year or on the date of a subsequent reappraisal by the county assessor.

(b)

“Dispose of the personal property” means that, if reasonably appropriate, the landlord may throw away the property or may give it without consideration to a nonprofit organization or to a person unrelated to the landlord. The landlord may not retain the property for personal use or benefit.

(c)

“Goods” includes those goods left inside a recreational vehicle, manufactured dwelling or floating home or left upon the rental space outside a recreational vehicle, manufactured dwelling or floating home, whether the recreational vehicle, dwelling or home is located inside or outside of a facility.

(d)

“Lienholder” means any lienholder of an abandoned recreational vehicle, manufactured dwelling or floating home, if the lien is of record or the lienholder is actually known to the landlord.

(e)

“Of record” means:

(A)

For a recreational vehicle that is not more than eight and one-half feet wide, that a security interest has been properly recorded with the Department of Transportation pursuant to ORS 802.200 (Required records) (1)(a)(A) and 803.097 (Perfection of security interest in vehicle).

(B)

For a manufactured dwelling or recreational vehicle that is more than eight and one-half feet wide, that a security interest has been properly recorded for the manufactured dwelling or recreational vehicle in the records of the Department of Consumer and Business Services pursuant to ORS 446.611 (Perfection of security interest in manufactured structure having ownership document) or on a certificate of title issued by the Department of Transportation.

(C)

For a floating home, that a security interest has been properly recorded with the State Marine Board pursuant to ORS 830.740 (Perfection of security interest in boats, boathouses and floating homes covered by certificate of title) to 830.755 (Transfer by operation of law of title subject to security interest) for a home registered and titled with the board pursuant to ORS 830.715 (Record of certificates and numbers).

(f)

“Owner” means any owner of an abandoned recreational vehicle, manufactured dwelling or floating home, if different from the tenant and either of record or actually known to the landlord.

(g)

“Personal property” means goods, vehicles and recreational vehicles and includes manufactured dwellings and floating homes not located in a facility. “Personal property” does not include manufactured dwellings and floating homes located in a facility and therefore subject to being stored, sold or disposed of as provided under ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility).

(2)

A landlord is responsible for abandoned personal property and shall store, sell or dispose of abandoned personal property as provided by this section. This section governs the rights and obligations of landlords, tenants and any lienholders or owners in any personal property abandoned or left upon the premises by the tenant or any lienholder or owner in the following circumstances:

(a)

The tenancy has ended by termination or expiration of a rental agreement or by relinquishment or abandonment of the premises and the landlord reasonably believes under all the circumstances that the tenant has left the personal property upon the premises with no intention of asserting any further claim to the premises or to the personal property;

(b)

The tenant has been absent from the premises continuously for seven days after termination of a tenancy by a court order that has not been executed; or

(c)

The landlord receives possession of the premises from the sheriff following restitution pursuant to ORS 105.161 (Service and enforcement of writ of execution and eviction trespass notice).

(3)

Prior to storing, selling or disposing of the tenant’s personal property under this section, the landlord must give a written notice to the tenant that must be:

(a)

Personally delivered to the tenant; or

(b)

Sent by first class mail addressed and mailed to the tenant at:

(A)

The premises;

(B)

Any post-office box held by the tenant and actually known to the landlord; and

(C)

The most recent forwarding address if provided by the tenant or actually known to the landlord.

(4)

Intentionally left blank —Ed.

(a)

In addition to the notice required by subsection (3) of this section, in the case of an abandoned recreational vehicle, manufactured dwelling or floating home, a landlord shall also give a copy of the notice described in subsection (3) of this section to:

(A)

Any lienholder of the recreational vehicle, manufactured dwelling or floating home;

(B)

Any owner of the recreational vehicle, manufactured dwelling or floating home;

(C)

The tax collector of the county where the manufactured dwelling or floating home is located; and

(D)

The assessor of the county where the manufactured dwelling or floating home is located.

(b)

The landlord shall give the notice copy required by this subsection by personal delivery or first class mail, except that for any lienholder, mail service must be both by first class mail and by certified mail with return receipt requested.

(c)

A notice to lienholders under paragraph (a)(A) of this subsection must be sent to each lienholder at each address:

(A)

Actually known to the landlord;

(B)

Of record; and

(C)

Provided to the landlord by the lienholder in a written notice that identifies the personal property subject to the lien and that was sent to the landlord by certified mail with return receipt requested within the preceding five years. The notice must identify the personal property by describing the physical address of the property.

(5)

The notice required under subsection (3) of this section must state that:

(a)

The personal property left upon the premises is considered abandoned;

(b)

The tenant or any lienholder or owner must contact the landlord by a specified date, as provided in subsection (6) of this section, to arrange for the removal of the abandoned personal property;

(c)

The personal property is stored at a place of safekeeping, except that if the property includes a manufactured dwelling or floating home, the dwelling or home must be stored on the rented space;

(d)

The tenant or any lienholder or owner, except as provided by subsection (18) of this section, may arrange for removal of the personal property by contacting the landlord at a described telephone number or address on or before the specified date;

(e)

The landlord shall make the personal property available for removal by the tenant or any lienholder or owner, except as provided by subsection (18) of this section, by appointment at reasonable times;

(f)

If the personal property is considered to be abandoned pursuant to subsection (2)(a) or (b) of this section, the landlord may require payment of removal and storage charges, as provided by subsection (7)(d) of this section, prior to releasing the personal property to the tenant or any lienholder or owner;

(g)

If the personal property is considered to be abandoned pursuant to subsection (2)(c) of this section, the landlord may not require payment of storage charges prior to releasing the personal property;

(h)

If the tenant or any lienholder or owner fails to contact the landlord by the specified date, or after that contact, fails to remove the personal property within 30 days for recreational vehicles, manufactured dwellings and floating homes or 15 days for all other personal property, the landlord may sell or dispose of the personal property. If the landlord reasonably believes that the personal property will be eligible for disposal pursuant to subsection (10)(b) of this section and the landlord intends to dispose of the property if the property is not claimed, the notice shall state that belief and intent; and

(i)

If the personal property includes a recreational vehicle, manufactured dwelling or floating home and if applicable, there is a lienholder or owner that has a right to claim the recreational vehicle, dwelling or home, except as provided by subsection (18) of this section.

(6)

For purposes of subsection (5) of this section, the specified date by which a tenant, lienholder or owner must contact a landlord to arrange for the disposition of abandoned personal property is:

(a)

For abandoned recreational vehicles, manufactured dwellings or floating homes, not less than 45 days after personal delivery or mailing of the notice; or

(b)

For all other abandoned personal property, not less than five days after personal delivery or eight days after mailing of the notice.

(7)

After notifying the tenant as required by subsection (3) of this section, the landlord:

(a)

Shall store any abandoned manufactured dwelling or floating home on the rented space and shall exercise reasonable care for the dwelling or home;

(b)

Shall store all other abandoned personal property of the tenant, including goods left inside a recreational vehicle, manufactured dwelling or floating home or left upon the rented space outside a recreational vehicle, dwelling or home, in a place of safekeeping and shall exercise reasonable care for the personal property, except that the landlord may:

(A)

Promptly dispose of rotting food; and

(B)

Allow an animal control agency to remove any abandoned pets or livestock. If an animal control agency will not remove the abandoned pets or livestock, the landlord shall exercise reasonable care for the animals given all the circumstances, including the type and condition of the animals, and may give the animals to an agency that is willing and able to care for the animals, such as a humane society or similar organization;

(c)

Except for manufactured dwellings and floating homes, may store the abandoned personal property at the dwelling unit, move and store it elsewhere on the premises or move and store it at a commercial storage company or other place of safekeeping; and

(d)

Is entitled to reasonable or actual storage charges and costs incidental to storage or disposal, including any cost of removal to a place of storage. In the case of an abandoned manufactured dwelling or floating home, the storage charge may be no greater than the monthly space rent last payable by the tenant.

(8)

If a tenant, lienholder or owner, upon the receipt of the notice provided by subsection (3) or (4) of this section or otherwise, responds by actual notice to the landlord on or before the specified date in the landlord’s notice that the tenant, lienholder or owner intends to remove the personal property from the premises or from the place of safekeeping, the landlord must make that personal property available for removal by the tenant, lienholder or owner by appointment at reasonable times during the 15 days or, in the case of a recreational vehicle, manufactured dwelling or floating home, 30 days following the date of the response, subject to subsection (18) of this section. 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. Acceptance by a landlord of such payment does not operate to create or reinstate a tenancy or create a waiver pursuant to ORS 90.412 (Waiver of termination of tenancy) or 90.417 (Duty to pay rent).

(9)

Except as provided in subsections (18) to (20) of this section, if the tenant, lienholder or owner of a recreational vehicle, manufactured dwelling or floating home does not respond within the time provided by the landlord’s notice, or the tenant, lienholder or owner does not remove the personal property within the time required by subsection (8) of this section or by any date agreed to with the landlord, whichever is later, the tenant’s, lienholder’s or owner’s personal property is conclusively presumed to be abandoned. The tenant and any lienholder or owner that have been given notice pursuant to subsection (3) or (4) of this section shall, except with regard to the distribution of sale proceeds pursuant to subsection (13) of this section, have no further right, title or interest to the personal property and may not claim or sell the property.

(10)

If the personal property is presumed to be abandoned under subsection (9) of this section, the landlord then may:

(a)

Sell the personal property at a public or private sale, provided that prior to the sale of a recreational vehicle, manufactured dwelling or floating home:

(A)

The landlord may seek to transfer ownership of record of the personal property by complying with the requirements of the appropriate state agency; and

(B)

The landlord shall:
(i)
Place a notice in a newspaper of general circulation in the county in which the recreational vehicle, manufactured dwelling or floating home is located. The notice shall state:

(I)

That the recreational vehicle, manufactured dwelling or floating home is abandoned;

(II)

The tenant’s and owner’s name, if of record or actually known to the landlord;

(III)

The address and any space number where the recreational vehicle, manufactured dwelling or floating home is located, and any plate, registration or other identification number for a recreational vehicle or floating home noted on the certificate of title, if actually known to the landlord;

(IV)

Whether the sale is by private bidding or public auction;

(V)

Whether the landlord is accepting sealed bids and, if so, the last date on which bids will be accepted; and

(VI)

The name and telephone number of the person to contact to inspect the recreational vehicle, manufactured dwelling or floating home;
(ii)
At a reasonable time prior to the sale, give a copy of the notice required by sub-subparagraph (i) of this subparagraph to the tenant and to any lienholder and owner, by personal delivery or first class mail, except that for any lienholder, mail service must be by first class mail with certificate of mailing;
(iii)
Obtain an affidavit of publication from the newspaper to show that the notice required under sub-subparagraph (i) of this subparagraph ran in the newspaper at least one day in each of two consecutive weeks prior to the date scheduled for the sale or the last date bids will be accepted; and
(iv)
Obtain written proof from the county that all property taxes and assessments on the manufactured dwelling or floating home have been paid or, if not paid, that the county has authorized the sale, with the sale proceeds to be distributed pursuant to subsection (13) of this section;

(b)

Destroy or otherwise dispose of the personal property if the landlord determines that:

(A)

For a manufactured dwelling or floating home, the current market value of the property is $8,000 or less as determined by the county assessor; or

(B)

For all other personal property, the reasonable current fair market value is $1,000 or less or so low that the cost of storage and conducting a public sale probably exceeds the amount that would be realized from the sale; or

(c)

Consistent with paragraphs (a) and (b) of this subsection, sell certain items and destroy or otherwise dispose of the remaining personal property.

(11)

Intentionally left blank —Ed.

(a)

A public or private sale authorized by this section must:

(A)

For a recreational vehicle, manufactured dwelling or floating home, be conducted consistent with the terms listed in subsection (10)(a)(B)(i) of this section. Every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable; or

(B)

For all other personal property, be conducted under the provisions of ORS 79.0610 (UCC 9-610. Disposition of collateral after default).

(b)

If there is no buyer at a sale of a manufactured dwelling or floating home, the personal property is considered to be worth $8,000 or less, regardless of current market value, and the landlord shall destroy or otherwise dispose of the personal property.

(12)

Notwithstanding ORS 446.155 (Sanitation and safety requirements) (1) and (2), unless a landlord intentionally misrepresents the condition of a manufactured dwelling or floating home, the landlord is not liable for the condition of the dwelling or home to:

(a)

A buyer of the dwelling or home at a sale pursuant to subsection (10)(a) of this section, with or without consideration; or

(b)

A person or nonprofit organization to whom the landlord gives the dwelling or home pursuant to subsection (1)(b), (10)(b) or (11)(b) of this section.

(13)

Intentionally left blank —Ed.

(a)

The landlord may deduct from the proceeds of the sale:

(A)

The reasonable or actual cost of notice, storage and sale; and

(B)

Unpaid rent.

(b)

If the sale was of a manufactured dwelling or floating home, after deducting the amounts listed in paragraph (a) of this subsection, the landlord shall remit the remaining proceeds, if any, to the county tax collector to the extent of any unpaid property taxes and assessments owed on the dwelling or home.

(c)

If the sale was of a recreational vehicle, manufactured dwelling or floating home, after deducting the amounts listed in paragraphs (a) and (b) of this subsection, if applicable, the landlord shall remit the remaining proceeds, if any, to any lienholder to the extent of any unpaid balance owed on the lien on the recreational vehicle, dwelling or home.

(d)

After deducting the amounts listed in paragraphs (a), (b) and (c) of this subsection, if applicable, the landlord shall remit to the tenant or owner the remaining proceeds, if any, together with an itemized accounting.

(e)

If the tenant or owner cannot after due diligence be found, the landlord shall deposit the remaining proceeds with the county treasurer of the county in which the sale occurred. If not claimed within three years, the deposited proceeds revert to the general fund of the county and are available for general purposes.

(14)

The county tax collector shall cancel all unpaid property taxes and assessments owed on a manufactured dwelling or floating home, as provided under ORS 311.790 (Cancellation of uncollectible property tax), only under one of the following circumstances:

(a)

The landlord disposes of the manufactured dwelling or floating home after a determination described in subsection (10)(b) of this section.

(b)

There is no buyer of the manufactured dwelling or floating home at a sale described under subsection (11) of this section.

(c)

Intentionally left blank —Ed.

(A)

There is a buyer of the manufactured dwelling or floating home at a sale described under subsection (11) of this section;

(B)

The current market value of the manufactured dwelling or floating home is $8,000 or less; and

(C)

The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments owed on the dwelling or home after distribution of the proceeds pursuant to subsection (13) of this section.

(d)

Intentionally left blank —Ed.

(A)

The landlord buys the manufactured dwelling or floating home at a sale described under subsection (11) of this section;

(B)

The current market value of the manufactured dwelling or floating home is more than $8,000;

(C)

The proceeds of the sale are insufficient to satisfy the unpaid property taxes and assessments owed on the manufactured dwelling or floating home after distribution of the proceeds pursuant to subsection (13) of this section; and

(D)

The landlord disposes of the manufactured dwelling or floating home.

(15)

The landlord is not responsible for any loss to the tenant, lienholder or owner resulting from storage of personal property in compliance with this section unless the loss was caused by the landlord’s deliberate or negligent act. In the event of a deliberate and malicious violation, the landlord is liable for twice the actual damages sustained by the tenant, lienholder or owner.

(16)

Complete compliance in good faith with this section shall constitute a complete defense in any action brought by a tenant, lienholder or owner against a landlord for loss or damage to such personal property disposed of pursuant to this section.

(17)

If a landlord does not comply with this section:

(a)

The tenant is relieved of any liability for damage to the premises caused by conduct that was not deliberate, intentional or grossly negligent and for unpaid rent and may recover from the landlord up to twice the actual damages sustained by the tenant;

(b)

A lienholder or owner aggrieved by the noncompliance may recover from the landlord the actual damages sustained by the lienholder or owner. ORS 90.255 (Attorney fees) does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph; and

(c)

A county tax collector aggrieved by the noncompliance may recover from the landlord the actual damages sustained by the tax collector, if the noncompliance is part of an effort by the landlord to defraud the tax collector. ORS 90.255 (Attorney fees) does not authorize an award of attorney fees to the prevailing party in any action arising under this paragraph.

(18)

In the case of an abandoned recreational vehicle, manufactured dwelling or floating home, the provisions of this section regarding the rights and responsibilities of a tenant to the abandoned vehicle, dwelling or home also apply to any lienholder except that the lienholder may not sell or remove the vehicle, dwelling or home unless:

(a)

The lienholder has foreclosed its lien on the recreational vehicle, manufactured dwelling or floating home;

(b)

The tenant or a personal representative or designated person described in subsection (20) of this section has waived all rights under this section pursuant to subsection (26) of this section; or

(c)

The notice and response periods provided by subsections (6) and (8) of this section have expired.

(19)

Intentionally left blank —Ed.

(a)

In the case of an abandoned manufactured dwelling or floating home but not including a dwelling or home abandoned following a termination pursuant to ORS 90.429 (Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850) and except as provided by subsection (20)(d) and (e) of this section, if a lienholder makes a timely response to a notice of abandoned personal property pursuant to subsections (6) and (8) of this section and so requests, a landlord shall enter into a written storage agreement with the lienholder providing that the dwelling or home may not be sold or disposed of by the landlord for up to 12 months. A storage agreement entitles the lienholder to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property.

(b)

The lienholder’s right to a storage agreement arises upon the failure of the tenant, owner or, in the case of a deceased tenant, the personal representative, designated person, heir or devisee to remove or sell the dwelling or home within the allotted time.

(c)

To exercise the right to a storage agreement under this subsection, in addition to contacting the landlord with a timely response as described in paragraph (a) of this subsection, the lienholder must enter into the proposed storage agreement within 60 days after the landlord gives a copy of the agreement to the lienholder. The landlord shall give a copy of the proposed storage agreement to the lienholder in the same manner as provided by subsection (4)(b) of this section. The landlord may include a copy of the proposed storage agreement with the notice of abandoned property required by subsection (4) of this section. A lienholder enters into a storage agreement by signing a copy of the agreement provided by the landlord and personally delivering or mailing the signed copy to the landlord within the 60-day period.

(d)

The storage agreement may require, in addition to other provisions agreed to by the landlord and the lienholder, that:

(A)

The lienholder make timely periodic payment of all storage charges, as described in subsection (7)(d) of this section, accruing from the commencement of the 45-day period described in subsection (6) of this section. A storage charge may include a utility or service charge, as described in ORS 90.562 (Utility and service charges), if limited to charges for electricity, water, sewer service and natural gas and if incidental to the storage of personal property. A storage charge may not be due more frequently than monthly;

(B)

The lienholder pay a late charge or fee for failure to pay a storage charge by the date required in the agreement, if the amount of the late charge is no greater than for late charges described in the rental agreement between the landlord and the tenant; and

(C)

The lienholder maintain the personal property and the space on which the personal property is stored in a manner consistent with the rights and obligations described in the rental agreement between the landlord and the tenant.

(e)

During the term of an agreement described under this subsection, the lienholder has the right to remove or sell the property, subject to the provisions of the lien. Selling the property includes a sale to a purchaser who wishes to leave the dwelling or home on the rented space and become a tenant, subject to any conditions previously agreed to by the landlord and tenant regarding the landlord’s approval of a purchaser or, if there was no such agreement, any reasonable conditions by the landlord regarding approval of any purchaser who wishes to leave the dwelling or home on the rented space and become a tenant. The landlord also may condition approval for occupancy of any purchaser of the property upon payment of all unpaid storage charges and maintenance costs.

(f)

Intentionally left blank —Ed.

(A)

If the lienholder violates the storage agreement, the landlord may terminate the agreement by giving at least 90 days’ written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for the termination. 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.

(B)

After a landlord gives a termination notice pursuant to subparagraph (A) of this paragraph for failure of the lienholder to pay a storage charge and the lienholder corrects the violation, if the lienholder again violates the storage agreement by failing to pay a subsequent storage charge, the landlord may terminate the agreement by giving at least 30 days’ written notice to the lienholder stating facts sufficient to notify the lienholder of the reason for termination. 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.

(C)

A lienholder may terminate a storage agreement at any time upon at least 14 days’ written notice to the landlord and may remove the property from the rented space if the lienholder has paid all storage charges and other charges as provided in the agreement.

(g)

Upon the failure of a lienholder to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the lienholder has sold or removed the manufactured dwelling or floating home, the landlord may sell or dispose of the property pursuant to this section without further notice to the lienholder.

(20)

If the personal property is 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 dwelling or home, this section applies, except as follows:

(a)

The following persons have the same rights and responsibilities regarding the abandoned dwelling or home as a tenant:

(A)

Any personal representative named in a will or appointed by a court to act for the deceased tenant.

(B)

Any person designated in writing by the tenant to be contacted by the landlord in the event of the tenant’s death.

(b)

The notice required by subsection (3) of this section must be:

(A)

Sent by first class mail to the deceased tenant at the premises; and

(B)

Personally delivered or sent by first class mail to any personal representative or designated person, if actually known to the landlord.

(c)

The notice described in subsection (5) of this section must refer to any personal representative or designated person, instead of the deceased tenant, and must incorporate the provisions of this subsection.

(d)

If a personal representative, designated person or other person entitled to possession of the property, such as an heir or devisee, responds by actual notice to a landlord within the 45-day period provided by subsection (6) of this section and so requests, the landlord shall enter into a written storage agreement with the representative or person providing that the dwelling or home may not be sold or disposed of by the landlord for up to 90 days or until conclusion of any probate proceedings, whichever is later. A storage agreement entitles the representative or person to store the personal property on the previously rented space during the term of the agreement, but does not entitle anyone to occupy the personal property. If such an agreement is entered, the landlord may not enter a similar agreement with a lienholder pursuant to subsection (19) of this section until the agreement with the personal representative or designated person ends.

(e)

If a personal representative or other person requests that a landlord enter into a storage agreement, subsection (19)(c), (d) and (f)(C) of this section applies, with the representative or person having the rights and responsibilities of a lienholder with regard to the storage agreement.

(f)

During the term of an agreement described under paragraph (d) of this subsection, the representative or person has the right to remove or sell the dwelling or home, including a sale to a purchaser or a transfer to an heir or devisee where the purchaser, heir or devisee wishes to leave the dwelling or home on the rented space and become a tenant, subject to any conditions previously agreed to by the landlord and tenant regarding the landlord’s approval for occupancy of a purchaser, heir or devisee or, if there was no such agreement, any reasonable conditions by the landlord regarding approval for occupancy of any purchaser, heir or devisee who wishes to leave the dwelling or home on the rented space and become a tenant. The landlord also may condition approval for occupancy of any purchaser, heir or devisee of the dwelling or home upon payment of all unpaid storage charges and maintenance costs.

(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. Unless the representative or person 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 representative or person.

(h)

Upon the failure of a representative or person to enter into a storage agreement as provided by this subsection or upon termination of an agreement, unless the parties otherwise agree or the representative or person has sold or removed the manufactured dwelling or floating home, the landlord may sell or dispose of the property pursuant to this section without further notice to the representative or person.

(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:

(A)

An heir or devisee.

(B)

Any personal representative named in a will or appointed by a court to act for the deceased tenant.

(C)

Any person designated in writing by the tenant to be contacted by the landlord in the event of the tenant’s death.

(b)

The notice required by subsection (3) of this section must be:

(A)

Sent by first class mail to the deceased tenant at the premises;

(B)

Personally delivered or sent by first class mail to any heir, devisee, personal representative or designated person, if actually known to the landlord; and

(C)

Sent by first class mail to the attention of an estate administrator of the State Treasurer.

(c)

The notice described in subsection (5) of this section must refer to the heir, devisee, personal representative, designated person or estate administrator of the State Treasurer, instead of the deceased tenant, and must incorporate the provisions of this subsection.

(d)

The landlord shall allow a person that is an heir, devisee or personal representative of the tenant, or an estate administrator of the State Treasurer, to remove the personal property if the person contacts the landlord within the period provided by subsection (6) of this section, complies with the requirements of this section and provides the landlord with reasonable evidence that the person is an heir, devisee or personal representative, or an estate administrator of the State Treasurer.

(e)

If no heir, devisee or personal representative of the tenant, or no estate administrator of the State Treasurer, contacts the landlord within the time period provided by subsection (6) of this section, the landlord shall allow removal of the personal property by the designated person of the tenant, if the designated person contacts the landlord within that period and complies with the requirements of this section and provides the landlord with reasonable evidence that the person is the designated person.

(f)

A landlord who allows removal of personal property under this subsection is not liable to another person that has a claim or interest in the personal property.

(22)

If a governmental agency determines that the condition of a manufactured dwelling, floating home or recreational vehicle abandoned under this section constitutes an extreme health or safety hazard under state or local law and the agency determines that the hazard endangers others in the immediate vicinity and requires quick removal of the property, the landlord may sell or dispose of the property pursuant to this subsection. The landlord shall comply with all provisions of this section, except as follows:

(a)

The date provided in subsection (6) of this section by which a tenant, lienholder, owner, personal representative or designated person must contact a landlord to arrange for the disposition of the property must be not less than 15 days after personal delivery or mailing of the notice required by subsection (3) of this section.

(b)

The date provided in subsections (8) and (9) of this section by which a tenant, lienholder, owner, personal representative or designated person must remove the property must be not less than seven days after the tenant, lienholder, owner, personal representative or designated person contacts the landlord.

(c)

The notice required by subsection (3) of this section must be as provided in subsection (5) of this section, except that:

(A)

The dates and deadlines in the notice for contacting the landlord and removing the property must be consistent with this subsection;

(B)

The notice must state that a governmental agency has determined that the property constitutes an extreme health or safety hazard and must be removed quickly; and

(C)

The landlord shall attach a copy of the agency’s determination to the notice.

(d)

If the tenant, a lienholder, owner, 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.

(e)

A landlord is not required to enter into a storage agreement with a lienholder, owner, personal representative or designated person pursuant to subsection (19) of this section.

(23)

Intentionally left blank —Ed.

(a)

If an official or agency referred to in ORS 453.876 (Determination that property is not fit for use) notifies the landlord that the official or agency has determined that all or part of the premises is unfit for use as a result of the presence of an illegal drug manufacturing site involving methamphetamine, and the landlord complies with this subsection, the landlord is not required to comply with subsections (1) to (22) and (24) to (27) of this section with regard to personal property left on the portion of the premises that the official or agency has determined to be unfit for use.

(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. The landlord shall also attach a copy of the notice in a secure manner to the main entrance of the dwelling unit. The notice to the tenant shall include a copy of the official’s or agency’s notice and state:

(A)

That the premises, or a portion of the premises, has been determined by an official or agency to be unfit for use due to contamination from the manufacture of methamphetamine and that as a result subsections (1) to (22) and (24) to (27) of this section do not apply to personal property left on any portion of the premises determined to be unfit for use;

(B)

That the landlord has hired, or will hire, a contractor to assess the level of contamination of the site and to decontaminate the site;

(C)

That upon hiring the contractor, the landlord will provide to the tenant the name, address and telephone number of the contractor; and

(D)

That the tenant may contact the contractor to determine whether any of the tenant’s personal property may be removed from the premises or may be decontaminated at the tenant’s expense and then removed.

(c)

To the extent consistent with rules of the Department of Human Services, the contractor may release personal property to the tenant.

(d)

If the contractor and the department determine that the premises or the tenant’s personal property is not unfit for use, upon notification by the department of the determination, the landlord shall comply with subsections (1) to (22) and (24) to (27) of this section for any personal property left on the premises.

(e)

Except as provided in paragraph (d) of this subsection, the landlord is not responsible for storing or returning any personal property left on the portion of the premises that is unfit for use.

(24)

In the case of an abandoned recreational vehicle, manufactured dwelling or floating home that is owned by someone other than the tenant, the provisions of this section regarding the rights and responsibilities of a tenant to the abandoned vehicle, dwelling or home also apply to that owner, with regard only to the vehicle, dwelling or home, and not to any goods left inside or outside the vehicle, dwelling or home.

(25)

In the case of an abandoned motor vehicle, the procedure authorized by ORS 98.830 (Towing abandoned vehicle from private property) for removal of abandoned motor vehicles from private property may be used by a landlord as an alternative to the procedures required in this section.

(26)

Intentionally left blank —Ed.

(a)

A landlord may sell or dispose of a tenant’s abandoned personal property without complying with subsections (1) to (25) and (27) of this section if, after termination of the tenancy or no more than seven days prior to the termination of the tenancy, the following parties so agree in a writing entered into in good faith:

(A)

The landlord;

(B)

The tenant, or for an abandonment as the result of the death of a tenant who was the only tenant, the personal representative, designated person or other person entitled to possession of the personal property, such as an heir or devisee, as described in subsection (20) or (21) of this section; and

(C)

In the case of a manufactured dwelling, floating home or recreational vehicle, any owner and any lienholder.

(b)

A landlord may not, as part of a rental agreement, require a tenant, a personal representative, a designated person or any lienholder or owner to waive any right provided by this section.

(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 (Possessory lien for labor or material expended on chattel) for storing the personal property. [Formerly 91.840; 1993 c.18 §15; 1993 c.369 §14; 1995 c.559 §31; 1997 c.577 §25; 1999 c.603 §28; 2001 c.44 §1; 2001 c.445 §165; 2001 c.596 §35; 2003 c.378 §14; 2003 c.655 §57; 2003 c.658 §5; 2005 c.5 §1; 2005 c.391 §34; 2005 c.619 §§17,18; 2007 c.906 §31; 2009 c.431 §8; 2011 c.42 §8b; 2013 c.294 §12; 2017 c.480 §17; 2019 c.585 §17; 2019 c.678 §52]

Source: Section 90.425 — Disposition of personal property abandoned by tenant; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html.

Notes of Decisions

Notice stating landlord would provide access for removal of property did not satisfy requirement of ORS 105.165 to notify tenant that property was available for removal without payment of storage charge. Taylor v. Hayden Island Mobile Home Park, 123 Or App 318, 859 P2d 1173 (1993)

Any noncompliance in seizing and retaining tenant property triggers discretionary double damage remedy, regardless of showing that noncompliance was deliberate, malicious or negligent. Taylor v. Hayden Island Mobile Home Park, 123 Or App 318, 859 P2d 1173 (1993)

Potential damage to realty does not affect ability of lienholder to repossess manufactured structure titled as vehicle. BankAmerica Housing Services v. P.D.N. and Associates, 159 Or App 264, 977 P2d 396 (1999)

Substantial compliance with notice requirement is insufficient to prevent landlord liability. Tompte v. Stone, 195 Or App 599, 98 P3d 1171 (2004)

Abandoned personal property for which landlord is responsible does not include trash or other items that have no value. Eddy v. Anderson, 294 Or App 163, 430 P3d 1100 (2018), rev’d on other grounds, 366 Or 176, 458 P3d 678 (2020)

Law Review Citations

16 WLR 289 (1979)

90.100
Definitions
90.105
Short title
90.110
Exclusions from application of this chapter
90.112
Maximum occupancy limit
90.113
Additional exclusion from application of chapter
90.115
Territorial application
90.120
Applicability of other statutory lien, tenancy and rent provisions
90.125
Administration of remedies
90.130
Obligation of good faith
90.135
Unconscionability
90.140
Types of payments landlord may require or accept
90.145
Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord
90.147
Delivery of possession
90.148
Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy
90.150
Service or delivery of actual notice
90.155
Service or delivery of written notice
90.160
Calculation of notice periods
90.220
Terms and conditions of rental agreement
90.222
Renter’s liability insurance
90.228
Notice of location in 100-year flood plain
90.230
Rental agreements for occupancy of recreational vehicle in park
90.243
Qualifications for drug and alcohol free housing
90.245
Prohibited provisions in rental agreements
90.250
Receipt of rent without obligation to maintain premises prohibited
90.255
Attorney fees
90.260
Late rent payment charge or fee
90.262
Use and occupancy rules and regulations
90.263
Vehicle tags
90.265
Interest in alternative energy device installed by tenant
90.275
Temporary occupancy agreement
90.295
Applicant screening charges
90.297
Prohibition on charging deposit or fee to enter rental agreement
90.300
Security deposits
90.302
Fees allowed for certain landlord expenses
90.303
Evaluation of applicant
90.304
Statement of reasons for denial
90.305
Disclosure of certain matters
90.310
Disclosure of legal proceedings
90.315
Utility or service payments
90.316
Carbon monoxide alarm
90.317
Repair or replacement of carbon monoxide alarm
90.318
Criteria for landlord provision of certain recycling services
90.320
Landlord to maintain premises in habitable condition
90.322
Landlord or agent access to premises
90.323
Maximum rent increase
90.324
Calculation of maximum rent increase
90.325
Tenant duties
90.340
Occupancy of premises as dwelling unit only
90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain premises
90.365
Failure of landlord to supply essential services
90.367
Application of security deposit or prepaid rent after notice of foreclosure
90.368
Repair of minor habitability defect
90.370
Tenant counterclaims in action by landlord for possession or rent
90.375
Effect of unlawful ouster or exclusion
90.380
Effect of rental of dwelling in violation of building or housing codes
90.385
Retaliatory conduct by landlord
90.390
Discrimination against tenant or applicant
90.391
Information to veterans required in notice
90.392
Termination of tenancy for cause
90.394
Termination of tenancy for failure to pay rent
90.396
Acts or omissions justifying termination 24 hours after notice
90.398
Termination of tenancy for drug or alcohol violations
90.401
Remedies available to landlord
90.403
Taking possession of premises from unauthorized possessor
90.405
Effect of tenant keeping unpermitted pet
90.410
Effect of tenant failure to give notice of absence
90.412
Waiver of termination of tenancy
90.414
Acts not constituting waiver of termination of tenancy
90.417
Duty to pay rent
90.420
Enforceability of landlord liens
90.425
Disposition of personal property abandoned by tenant
90.427
Termination of tenancy without tenant cause
90.429
Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850
90.430
Claims for possession, rent, damages after termination of rental agreement
90.435
Limitation on recovery of possession of premises
90.440
Termination of tenancy in group recovery home
90.445
Termination of tenant committing criminal act of physical violence
90.449
Landlord discrimination against victim
90.453
Termination by tenant who is victim of domestic violence, sexual assault or stalking
90.456
Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual assault or stalking
90.459
Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking
90.460
Alternate exit from bedroom required
90.462
Electric vehicle charging stations
90.465
Right of city to recover from owner for costs of relocating tenant due to condemnation
90.472
Termination by tenant called into active state service by Governor
90.475
Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration
90.485
Restrictions on landlord removal of vehicle
90.490
Prohibited acts in anticipation of notice of conversion to condominium
90.493
Prohibited acts following notice of conversion to condominium
90.505
Definitions for ORS 90.505 to 90.850
90.510
Statement of policy
90.512
Definitions for ORS 90.514 and 90.518
90.514
Disclosure to prospective tenant of improvements required under rental agreement
90.516
Model statement for disclosure of improvements required under rental agreement
90.518
Provider statement of estimated cost of improvements
90.525
Unreasonable conditions of rental or occupancy prohibited
90.527
Renter’s liability insurance in park
90.528
Use of common areas or facilities
90.530
Pets in facilities
90.545
Fixed term tenancy expiration
90.550
Permissible forms of tenancy
90.555
Subleasing agreements
90.560
Definitions for ORS 90.560 to 90.584
90.562
Utility and service charges
90.564
Charge for cable, satellite or Internet
90.566
Conversion to direct billing for garbage service
90.568
Pro rata billing
90.570
Public service charge pro rata apportionment
90.572
Submeter billing
90.574
Conversion to submeter or pro rata billing for water
90.576
Legislative findings
90.578
Conversion to submeter or direct billing for large parks
90.580
Entry to read submeter
90.584
Park specific billing for water
90.600
Increases in rent
90.605
Persons authorized to receive notice and demands on landlord’s behalf
90.610
Notice of proposed change in rule or regulation
90.620
Termination by tenant
90.630
Termination by landlord
90.632
Termination of tenancy due to physical condition of manufactured dwelling or floating home
90.634
Prohibition against lien for rent
90.640
Park damaged by natural disaster
90.643
Conversion of park to planned community subdivision of manufactured dwellings
90.645
Closure of park
90.650
Notice of tax provisions to tenants of closing park
90.655
Park closure notice to nontenants
90.660
Local regulation of park closures
90.671
Closure of marina
90.675
Disposition of manufactured dwelling or floating home left in facility
90.680
Sale of dwelling or home on rented space
90.710
Causes of action
90.720
Action to enjoin violation of ORS 90.750 or 90.755
90.725
Landlord or agent access to rented space
90.727
Maintenance of trees in rented spaces
90.729
Temporary movement of floating home
90.730
Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition
90.732
Landlord registration
90.734
Manager or owner continuing education requirements
90.736
Civil penalties
90.738
Enforcement of registration and education requirements
90.740
Tenant obligations
90.750
Right to assemble or canvass in facility
90.755
Right to speak on political issues
90.765
Prohibitions on retaliatory conduct by landlord
90.767
Mandatory mediation
90.769
Informal dispute resolution
90.771
Confidentiality of information regarding disputes
90.775
Rules
90.800
Policy
90.840
Park purchase funds, loans
90.842
Notice of sale of facility
90.844
Procedures for purchase of facility by tenants
90.846
Notices and processes in facility transfer
90.848
Exceptions to facility transfer requirements
90.849
Notice of conveyance
90.850
Owner affidavit certifying compliance with requirements for sale of facility
90.860
Definitions for ORS 90.865 to 90.875
90.865
Dealer notice of rent payments and financing
90.870
Manner of giving notice
90.875
Remedy for failure to give notice
Green check means up to date. Up to date