2011 ORS § 90.630¹
Termination by landlord
  • causes
  • notice
  • cure
  • repeated nonpayment of rent

(1) Except as provided in subsection (4) of this section, the landlord may terminate a rental agreement that is a month-to-month or fixed term tenancy for space for a manufactured dwelling or floating home by giving to the tenant not less than 30 days notice in writing before the date designated in the notice for termination if the tenant:

(a) Violates a law or ordinance related to the tenants conduct as a tenant, including but not limited to a material noncompliance with ORS 90.740 (Tenant obligations);

(b) Violates a rule or rental agreement provision related to the tenants conduct as a tenant and imposed as a condition of occupancy, including but not limited to a material noncompliance with a rental agreement regarding a program of recovery in drug and alcohol free housing;

(c) Is determined to be a predatory sex offender under ORS 181.585 (Predatory sex offender defined) to 181.587 (Availability of information on supervised predatory sex offender); or

(d) Fails to pay a:

(A) Late charge pursuant to ORS 90.260 (Late rent payment charge or fee);

(B) Fee pursuant to ORS 90.302 (Fees allowed for certain landlord expenses); or

(C) Utility or service charge pursuant to ORS 90.534 (Allocated charges for utility or service provided directly to space or common area) or 90.536 (Charges for utilities or services measured by submeter).

(2) A violation making a tenant subject to termination under subsection (1) of this section includes a tenants failure to maintain the space as required by law, ordinance, rental agreement or rule, but does not include the physical condition of the dwelling or home. Termination of a rental agreement based upon the physical condition of a dwelling or home shall only be as provided in ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home).

(3) The notice required by subsection (1) of this section shall state facts sufficient to notify the tenant of the reasons for termination of the tenancy and state that the tenant may avoid termination by correcting the violation as provided in subsection (4) of this section.

(4) The tenant may avoid termination of the tenancy by correcting the violation within the 30-day period specified in subsection (1) of this section. However, if substantially the same act or omission that constituted a prior violation of which notice was given recurs within six months after the date of the notice, the landlord may terminate the tenancy upon at least 20 days written notice specifying the violation and the date of termination of the tenancy.

(5) Notwithstanding subsection (3) or (4) of this section, a tenant who is given a notice of termination under subsection (1)(c) of this section does not have a right to correct the violation. A notice given to a tenant under subsection (1)(c) of this section must state that the tenant does not have a right to avoid the termination.

(6) This section does not limit a landlords right to terminate a tenancy for nonpayment of rent under ORS 90.394 (Termination of rental agreement for failure to pay rent) or for other cause under ORS 90.380 (Effect of rental of dwelling in violation of building or housing codes) (5)(b), 90.396 (Acts or omissions justifying termination 24 hours after notice), 90.398 (Termination of rental agreement for drug or alcohol violations) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) by complying with ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings).

(7) A tenancy terminates on the date designated in the notice and without regard to the expiration of the period for which, by the terms of the rental agreement, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day.

(8) Notwithstanding any other provision of this section or ORS 90.394 (Termination of rental agreement for failure to pay rent), 90.396 (Acts or omissions justifying termination 24 hours after notice) or 90.398 (Termination of rental agreement for drug or alcohol violations), the landlord may terminate the rental agreement for space for a manufactured dwelling or floating home because of repeated late payment of rent by giving the tenant not less than 30 days notice in writing before the date designated in that notice for termination and may take possession as provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings) if:

(a) The tenant has not paid the monthly rent prior to the eighth day of the rental period as described in ORS 90.394 (Termination of rental agreement for failure to pay rent) (2)(a) or the fifth day of the rental period as described in ORS 90.394 (Termination of rental agreement for failure to pay rent) (2)(b) in at least three of the preceding 12 months and the landlord has given the tenant a nonpayment of rent termination notice pursuant to ORS 90.394 (Termination of rental agreement for failure to pay rent) (2) during each of those three instances of nonpayment;

(b) The landlord warns the tenant of the risk of a 30-day notice for termination with no right to correct the cause, upon the occurrence of a third nonpayment of rent termination notice within a 12-month period. The warning must be contained in at least two nonpayment of rent termination notices that precede the third notice within a 12-month period or in separate written notices that are given concurrent with, or a reasonable time after, each of the two nonpayment of rent termination notices; and

(c) The 30-day notice of termination states facts sufficient to notify the tenant of the cause for termination of the tenancy and is given to the tenant concurrent with or after the third or a subsequent nonpayment of rent termination notice.

(9) Notwithstanding subsection (4) of this section, a tenant who receives a 30-day notice of termination pursuant to subsection (8) of this section does not have a right to correct the cause for the notice.

(10) The landlord may give a copy of the notice required by subsection (8) of this section to any lienholder of the manufactured dwelling or floating home by first class mail with certificate of mailing or by any other method allowed by ORS 90.150 (Service or delivery of actual notice) (2) and (3). A landlord is not liable to a tenant for any damages incurred by the tenant as a result of the landlord giving a copy of the notice in good faith to a lienholder. A lienholders rights and obligations regarding an abandoned manufactured dwelling or floating home shall be as provided under ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility). [Formerly 91.886; 1991 c.844 §12; 1995 c.559 §37; 1995 c.633 §1; 1999 c.676 §22; 2001 c.596 §38; 2005 c.22 §65; 2005 c.391 §25; 2005 c.619 §20; 2007 c.906 §32]