Oregon Statutes 90.275 – Temporary occupancy agreement; terms and conditions
(1) As provided under this section, a landlord may allow an individual to become a temporary occupant of the tenant’s dwelling unit. To create a temporary occupancy, the landlord, tenant and proposed temporary occupant must enter into a written temporary occupancy agreement that describes the temporary occupancy relationship.
Terms Used In Oregon Statutes 90.275
- Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. 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
- Squatter: means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. See Oregon Statutes 90.100
(2) The temporary occupant:
(a) Is not a tenant entitled to occupy the dwelling unit to the exclusion of others; and
(b) Does not have the rights of a tenant.
(3) The temporary occupancy agreement may be terminated by:
(a) The tenant without cause at any time; and
(b) The landlord only for cause that is a material violation of the temporary occupancy agreement.
(4) The temporary occupant does not have a right to cure a violation that causes a landlord to terminate the temporary occupancy agreement.
(5) Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record. The landlord may not screen the proposed temporary occupant for credit history or income level.
(6) A temporary occupancy agreement:
(a) Shall expressly include the requirements of subsections (2) to (4) of this section;
(b) May provide that the temporary occupant is required to comply with any applicable rules for the premises; and
(c) May have a specific ending date.
(7) The landlord, tenant and temporary occupant may extend or renew a temporary occupancy agreement or may enter into a new temporary occupancy agreement.
(8) A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement.
(9) The temporary occupant shall promptly vacate the dwelling unit if a landlord terminates a temporary occupancy agreement for material violation of the temporary occupancy agreement or if the temporary occupancy agreement ends by its terms. Except as provided in ORS § 90.449, the landlord may terminate the tenancy of the tenant as provided under ORS § 90.392 or 90.630 if the temporary occupant fails to promptly vacate the dwelling unit or if the tenant materially violates the temporary occupancy agreement.
(10) A temporary occupant shall be treated as a squatter if the temporary occupant continues to occupy the dwelling unit after a tenancy has ended or after the tenant revokes permission for the occupancy by terminating the temporary occupancy agreement.
(11)(a) A landlord may not enter into a temporary occupancy agreement for the purpose of evading landlord responsibilities under this chapter or to diminish the rights of an applicant or tenant under this chapter.
(b) A tenant may not become a temporary occupant in the tenant’s own dwelling unit.
(c) A tenancy may not consist solely of a temporary occupancy. Each tenancy must have at least one tenant. [2009 c.431 § 6 and 2009 c.816 § 15; 2013 c.294 § 5]
FEES AND DEPOSITS