Oregon Statutes 90.630 – Termination by landlord; causes; notice; cure; repeated nonpayment of rent
(1) Except as provided in subsection (5) of this section, the landlord may terminate a rental agreement for space for a manufactured dwelling or floating home by giving to the tenant not less than 30 days’ notice in writing before the termination date designated in the notice, if the tenant:
Terms Used In Oregon Statutes 90.630
- Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
- Floating home: has the meaning given that term in ORS § 830. See Oregon Statutes 90.100
- Good faith: means honesty in fact in the conduct of the transaction concerned. See Oregon Statutes 90.100
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
- Person: includes an individual or organization. See Oregon Statutes 90.100
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
- Rental agreement: includes a lease. See Oregon Statutes 90.100
(a) Materially violates a law related to the tenant’s conduct as a tenant;
(b) Materially violates a rental agreement provision related to the tenant’s conduct as a tenant and imposed as a condition of occupancy;
(c) Is classified as a level three sex offender under ORS § 163A.100 (3); or
(d) Fails to pay a:
(A) Late charge pursuant to ORS § 90.260;
(B) Fee pursuant to ORS § 90.302; or
(C) Utility or service charge pursuant to ORS § 90.568 or 90.572.
(2) A violation making a tenant subject to termination under subsection (1) of this section includes a tenant’s failure to maintain the space as required by law, 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 may only occur as provided in ORS § 90.632.
(3) The notice required by subsection (1) of this section must state:
(a) That the tenancy will terminate on a designated termination date;
(b) Facts sufficient to notify the tenant of the reasons for termination of the tenancy;
(c) That the tenant may avoid termination by correcting the violation by a designated date that is:
(A) At least 30 days after delivery of the notice; or
(B) If the violation involves conduct that was a separate and distinct act or omission and is not ongoing, at least three days after delivery of the notice;
(d) If a date to correct is given under paragraph (c)(B) of this subsection, that the violation is conduct that is a separate and distinct violation and that the date designated for correcting the violation is different from the termination date; and
(e) At least one possible method by which the tenant may correct the violation.
(4) For the purposes of subsection (3) of this section, conduct is ongoing if:
(a) The conduct is constant or persistent or has been sufficiently repetitive over time that a reasonable person would consider the conduct to be ongoing; and
(b) The violation does not involve a pet or assistance animal.
(5) The tenancy terminates on the termination date unless the tenant corrects the violation by the designated date in subsection (3)(c) of this section. If the notice fails to designate a date for correcting the violation, the violation must be corrected by the termination date.
(6) Notwithstanding subsection (3) of this section, if a tenant avoids termination as described in subsection (5) of this section and substantially the same act or omission that constituted a prior violation of which notice was given recurs within six months after the termination date designated in the original notice, the landlord may terminate the tenancy upon at least 20 days’ written notice before the termination date designated in the new notice specifying the violation and stating that the tenant has no right to correct the violation and avoid termination.
(7) Notwithstanding subsections (3) to (5) 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.
(8) This section does not limit a landlord’s right to terminate a tenancy for other cause under this chapter.
(9) A tenancy terminates on the termination 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.
(10) Notwithstanding any other provision of this section, 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 termination date designated in the notice 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 (2)(a) or the fifth day of the rental period as described in ORS § 90.394 (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 (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.
(11) Notwithstanding subsection (5) of this section, a tenant who receives a 30-day notice of termination pursuant to subsection (10) of this section does not have a right to correct the cause for the notice.
(12) The landlord may give a copy of the notice required by subsection (10) 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 (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. [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; 2013 c.708 § 15; 2015 c.820 15,22; 2017 c.442 § 15; 2019 c.430 3,7; 2019 c.625 § 38]