Oregon Statutes 90.403 – Taking possession of premises from unauthorized possessor
Current as of: 2023 | Check for updates
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(1) If an unauthorized person is in possession of the premises, after at least 24 hours’ written notice specifying the cause and the date and time by which the person must vacate, a landlord may take possession as provided in ORS § 105.100 to 105.168 if:
Terms Used In Oregon Statutes 90.403
- 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
- 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) The tenant has vacated the premises;
(b) The rental agreement with the tenant prohibited subleasing or allowing another person to occupy the premises without the written permission of the landlord; and
(c) The landlord has not knowingly accepted rent from the person in possession of the premises.
(2) Service of notice under this section does not create a right of tenancy for the person in possession of the premises. [2005 c.391 § 12]