ORS 90.680
Sale of dwelling or home on rented space

  • consignment sales
  • duties and rights of seller, prospective purchaser and landlord

(1)

As used in this section, “consignment” means an agreement in which a tenant authorizes a landlord to sell a manufactured dwelling or floating home on behalf of the tenant who owns the dwelling or home in a facility that is owned by the landlord and for which the landlord receives compensation.

(2)

A landlord may not deny any manufactured dwelling or floating home space tenant the right to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove the dwelling or home from the space solely on the basis of the sale.

(3)

A landlord may not require, as a condition of a tenant’s occupancy, consignment of the tenant’s manufactured dwelling or floating home.

(4)

Intentionally left blank —Ed.

(a)

A landlord may sell a tenant’s manufactured dwelling or floating home on consignment only if:

(A)

The sale involves a dwelling in a facility and the landlord is licensed to sell dwellings under ORS 446.661 (Definitions for ORS 446.661 to 446.756) to 446.756 (Violation of consigned manufactured structure transfer). The license may be held by a person that differs from the person that owns the facility and is the landlord, if there is common ownership between the two.

(B)

The landlord and tenant first enter into a written consignment contract that specifies at a minimum:
(i)
The duration of the contract, which, unless extended in writing, may not exceed 180 days;
(ii)
The estimated square footage of the dwelling or home, and the make, model, year, vehicle identification number and license plate number, if known;
(iii)
The price offered for sale of the dwelling or home;
(iv)
Whether lender financing is permitted and the amount, if any, of the earnest money deposit;
(v)
Whether the transaction is intended to be closed through a state-licensed escrow;
(vi)
All liens, taxes and other charges known to be in existence against the dwelling or home that must be removed before the tenant can convey marketable title to a prospective buyer;
(vii)
The method of marketing the sale of a dwelling or home to the public, such as signs posted at the facility or through advertisements posted on the Internet or published in newspapers or in other publications;
(viii)
The form and amount of compensation to the landlord, such as a fixed fee, a percentage of the gross sale price or another similar arrangement. If the form of compensation is a fixed fee, the contract shall state the amount; and
(ix)
For the purpose of determining the net sale proceeds that are payable to the tenant, the manner and order by which the gross sale proceeds will be applied to liens, taxes, actual costs of sale, landlord compensation and other closing costs.

(C)

Within 10 days after a sale, the landlord pays to the tenant the tenant’s share of the sale proceeds and provides to the tenant a written accounting for the sale proceeds.

(b)

The landlord may not exact a commission or fee, however designated, or retain a portion of any sale proceeds for the sale of a manufactured dwelling or floating home on a rented space unless the landlord has acted as representative for the seller pursuant to a written consignment contract.

(5)

Intentionally left blank —Ed.

(a)

The landlord may not deny the tenant the right to place a “for sale” sign on or in a manufactured dwelling or floating home owned by the tenant. The size, placement and character of such signs shall be subject to reasonable rules of the landlord.

(b)

If the landlord advertises a manufactured dwelling or floating home for sale within the facility, the tenant may advertise the sale of the tenant’s dwelling or home by posting a sign in a similar manner and similar location.

(6)

A landlord may not knowingly make false statements to a prospective purchaser about the quality of a tenant’s manufactured dwelling or floating home.

(7)

Nothing in this section prevents a landlord from selling to a prospective purchaser a manufactured dwelling or floating home owned by the landlord at a price or on terms, including space rent, that are more favorable than the price and terms offered for dwellings or homes that are for sale by a tenant.

(8)

If the prospective purchaser of a manufactured dwelling or floating home desires to leave the dwelling or home on the rented space and become a tenant, the landlord may require 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 (Statement of policy) (5)(b), (f), (g), (i) and (j); and

(d)

If the sale is not by a lienholder, that the prospective purchaser pay in full all rents, fees, deposits or charges owed by the tenant as authorized under ORS 90.140 (Types of payments landlord may require or accept) and the rental agreement, prior to the landlord’s acceptance of the prospective purchaser as a tenant.

(9)

Intentionally left blank —Ed.

(a)

If a landlord requires a prospective purchaser to submit an application for occupancy as a tenant under subsection (8) of this section, the landlord shall provide, upon request from the purchaser, a copy of the application. At the time that the landlord gives the prospective purchaser an application the landlord shall also give the prospective purchaser:

(A)

Copies of the statement of policy, the rental agreement and the facility rules and regulations, including any conditions imposed on a subsequent sale, all as provided by ORS 90.510 (Statement of policy);

(B)

Copies of any outstanding notices given to the tenant under ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home);

(C)

A list of any disrepair or deterioration of the manufactured dwelling or floating home;

(D)

A list of any failures to maintain the space or to comply with any other provisions of the rental agreement, including aesthetic or cosmetic improvements; and

(E)

A statement that the landlord may require a prospective purchaser to complete repairs, maintenance and improvements as described in the notices and lists provided under subparagraphs (B) to (D) of this paragraph.

(b)

The terms of the statement, rental agreement and rules and regulations need not be the same as those in the selling tenant’s statement, rental agreement and rules and regulations.

(c)

Consistent with ORS 90.305 (Disclosure of certain matters) (4)(b), a landlord may require a prospective purchaser to pay a reasonable copying charge for the documents.

(d)

If a prospective purchaser agrees, a landlord may provide the documents in an electronic format.

(10)

The following apply if a landlord receives an application for tenancy from a prospective purchaser under subsection (8) of this section:

(a)

The landlord shall accept or reject the prospective purchaser’s application within seven days following the day the landlord receives a complete and accurate written application. An application is not complete until the prospective purchaser pays any required applicant screening charge and provides the landlord with all information and documentation, including any financial data and references, required by the landlord pursuant to ORS 90.510 (Statement of policy) (5)(i). The landlord and the prospective purchaser may agree to a longer time period for the landlord to evaluate the prospective purchaser’s application or to allow the prospective purchaser to address any failure to meet the landlord’s screening or admission criteria. If a tenant has not previously given the landlord the 10 days’ notice required under subsection (8)(a) of this section, the period provided for the landlord to accept or reject a complete and accurate written application is extended to 10 days.

(b)

When a landlord considers an application for tenancy from a prospective purchaser of a dwelling or home from a tenant, the landlord shall apply to the prospective purchaser credit and conduct screening criteria that are substantially similar to the credit and conduct screening criteria the landlord applies to a prospective purchaser of a dwelling or home from the landlord.

(c)

The landlord may not unreasonably reject a prospective purchaser as a tenant. Reasonable cause for rejection includes, but is not limited to, failure of the prospective purchaser to meet the landlord’s conditions for approval as provided in ORS 90.510 (Statement of policy) (5)(i) or failure of the prospective purchaser’s references to respond to the landlord’s timely request for verification within the time allowed for acceptance or rejection under paragraph (a) of this subsection. Except as provided in paragraph (d) of this subsection, the landlord shall furnish to the seller and purchaser a written statement of the reasons for the rejection.

(d)

If a rejection under paragraph (c) of this subsection is based upon a consumer report, as defined in 15 U.S.C. 1681a for purposes of the federal Fair Credit Reporting Act, the landlord may not disclose the contents of the report to anyone other than the purchaser. The landlord shall disclose to the seller in writing that the rejection is based upon information contained within a consumer report and that the landlord may not disclose the information within the report.

(11)

The following apply if a landlord does not require a prospective purchaser to submit an application for occupancy as a tenant under subsection (8) of this section or if the landlord does not accept or reject the prospective purchaser as a tenant within the time required under subsection (10) of this section:

(a)

The landlord waives any right to bring an action against the tenant under the rental agreement for breach of the landlord’s right to establish conditions upon and approve a prospective purchaser of the tenant’s dwelling or home;

(b)

The prospective purchaser, upon completion of the sale, may occupy the dwelling or home as a tenant under the same conditions and terms as the tenant who sold the dwelling or home; and

(c)

If the prospective purchaser becomes a new tenant, the landlord may impose conditions or terms on the tenancy that are inconsistent with the terms and conditions of the seller’s rental agreement only if the new tenant agrees in writing.

(12)

A landlord may not, because of the age, size, style or original construction material of the dwelling or home or because the dwelling or home was built prior to adoption of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403), in compliance with the standards of that Act in effect at that time or in compliance with the state building code as defined in ORS 455.010 (Definitions for ORS chapter 455):

(a)

Reject an application for tenancy from a prospective purchaser of an existing dwelling or home on a rented space within a facility; or

(b)

Require a prospective purchaser of an existing dwelling or home on a rented space within a facility to remove the dwelling or home from the rented space.

(13)

A tenant who has received a notice pursuant to ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) may sell the tenant’s dwelling or home in compliance with this section during the notice period. The tenant shall provide a prospective purchaser with a copy of any outstanding notice given to the tenant under ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) prior to a sale. If the tenancy has been terminated pursuant to ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home), or the notice period provided in ORS 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home) has expired without a correction of cause or extension of time to correct, a prospective purchaser does not have a right to leave the dwelling or home on the rented space and become a tenant.

(14)

The following applies to a landlord that accepts a prospective purchaser as a tenant under subsection (10) of this section:

(a)

Notwithstanding any waiver given by the landlord to the previous tenant, the landlord may require the new tenant to complete the repairs, maintenance and improvements described in the notices provided under subsection (9)(a)(B) to (D) of this section.

(b)

Notwithstanding ORS 90.412 (Waiver of termination of tenancy), if the new tenant fails to complete the repairs, maintenance and improvements described in the notices provided under subsection (9)(a)(B) to (D) of this section within six months after the tenancy begins, the landlord may terminate the tenancy by giving the new tenant the notice required under ORS 90.630 (Termination by landlord) or 90.632 (Termination of tenancy due to physical condition of manufactured dwelling or floating home).

(15)

Except as provided by subsection (13) of this section, after a tenancy has ended and during the period provided by ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) (6) and (8), a former tenant retains the right to sell the tenant’s dwelling or home to a purchaser who wishes to leave the dwelling or home on the rented space and become a tenant as provided by this section, if the former tenant makes timely periodic payment of all storage charges as provided by ORS 90.675 (Disposition of manufactured dwelling or floating home left in facility) (7)(b), maintains the dwelling or home and the rented space on which it is stored and enters the premises only with the written permission of the landlord. Payment of the storage charges or maintenance of the dwelling or home and the space does not 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). A former tenant may not enter the premises without the written permission of the landlord, including entry to maintain the dwelling or home or the space or to facilitate a sale.

(16)

A landlord or tenant who sells a manufactured dwelling or floating home shall deliver title to the dwelling or home to the purchaser within 25 business days after completion of the sale. If the sale by contract requires future payments, the landlord or tenant shall notify the county that the purchaser is responsible for property tax payments. [Formerly 91.890; 1991 c.844 §14; 1993 c.580 §6; 1997 c.577 §27c; 1999 c.676 §25; 1999 c.820 §2; 2003 c.658 §9; 2005 c.22 §68; 2007 c.906 §35; 2013 c.443 §13; 2015 c.217 §5; 2017 c.324 §3]

Source: Section 90.680 — Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord, https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html.

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