Oregon Statutes 90.555 – Subleasing agreements
(1) As used in this section:
Terms Used In Oregon Statutes 90.555
- Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
- Dealer: means any person in the business of selling, leasing or distributing new or used manufactured dwellings or floating homes to persons who purchase or lease a manufactured dwelling or floating home for use as a residence. See Oregon Statutes 90.100
- Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
- Floating home: has the meaning given that term in ORS § 830. 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
- Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. 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) ‘Actively markets for sale’ means that the facility tenant:
(A) Places a for-sale sign on the dwelling or home;
(B) Retains a broker, real estate agent, or manufactured structure dealer to assist in the sale; and
(C) Advertises the dwelling or home for sale in a newspaper or online.
(b) ‘Facility landlord‘ means the landlord of the facility.
(c) ‘Facility tenant’ means the owner of the manufactured dwelling or floating home, who is the tenant of the facility landlord under the rental agreement.
(d) ‘Rental agreement’ means the rental agreement between the facility landlord and facility tenant.
(e) ‘Renter’ means a person other than the facility tenant who is lawfully occupying the manufactured dwelling or floating home under a subleasing agreement.
(f) ‘Subleasing agreement’ means the written agreement between the facility landlord, facility tenant, and renter concerning the occupancy of the renter and the rights of the parties.
(2) A facility tenant may not rent the facility tenant’s manufactured dwelling or floating home to another person for a period exceeding three days unless the facility landlord, facility tenant and renter enter into a written subleasing agreement specifying the rights and obligations of the facility landlord, facility tenant and renter during the renter’s occupancy of the dwelling or home. The subleasing agreement shall require the renter to timely pay to the facility landlord the space rent, any separately assessed fees payable under the rental agreement and any separately billed utility or service charge described in ORS § 90.560 to 90.584. The subleasing agreement shall also grant the renter the same rights as the facility tenant to cure a violation of the rental agreement for the facility space, to require the facility landlord to comply with ORS § 90.730 and to be protected from retaliatory conduct under ORS § 90.765. This subsection does not authorize a facility tenant to sublease to a renter in violation of the rental agreement.
(3) Notwithstanding ORS § 90.100 (51), a facility tenant who enters into a subleasing agreement remains the tenant of the facility space and retains all rights and obligations under the rental agreement and this chapter. The occupancy by a renter does not constitute abandonment of the dwelling or home by the facility tenant.
(4) The rights and obligations of the renter under a subleasing agreement are in addition to the rights and obligations retained by the facility tenant under subsection (3) of this section and any rights or obligations of the facility tenant and renter under ORS § 90.100 to 90.465.
(5) Unless otherwise provided in the subleasing agreement, and without regard to whether the facility landlord terminates the rental agreement, a facility landlord may terminate a subleasing agreement:
(a) Without cause by giving the renter written notice not less than 30 days prior to the termination;
(b) If a condition described in ORS § 90.380 (5)(b) exists for the facility space, by giving the renter the same notice to which the facility tenant is entitled under ORS § 90.380 (5)(b); or
(c) Subject to the right to cure:
(A) For nonpayment of facility space rent under ORS § 90.394 or 90.630; or
(B) For any conduct by the renter that would be a violation of the rental agreement under ORS § 90.396 or 90.398 if committed by the facility tenant.
(6) Upon termination of a subleasing agreement by the facility landlord, whether with or without cause, the renter and the facility tenant are excused from continued performance under any subleasing agreement.
(7)(a) If, during the term of a subleasing agreement, the facility landlord gives notice to the facility tenant of a rental agreement violation, a law or ordinance violation or the facility’s closure, conversion or sale, the landlord shall also promptly give a copy of the notice to the renter. The giving of notice to the renter does not constitute notice to the facility tenant unless the facility tenant has expressly appointed the renter as the facility tenant’s agent for purposes of receiving notice.
(b) If the facility landlord gives notice to the renter that the landlord is terminating the subleasing agreement, the landlord shall also promptly give a copy of the notice to the facility tenant by written notice.
(c) If, during the term of a subleasing agreement, the facility tenant gives notice to the facility landlord of a rental agreement violation, termination of tenancy or sale of the manufactured dwelling or floating home, the facility tenant shall also promptly give a copy of the notice to the renter.
(d) If the renter gives notice to the facility landlord of a violation of ORS § 90.730, the renter shall also promptly give a copy of the notice to the facility tenant.
(8) Before entering into a sublease agreement, the facility landlord may screen a renter under ORS § 90.303, but may not apply to the renter credit and conduct screening criteria that is more restrictive than the landlord applies to applicants for a tenancy of a dwelling or home that is either owned by the landlord or on consignment with the landlord under ORS § 90.680.
(9) Notwithstanding subsection (2) of this section, if a facility landlord rents or has a policy of renting manufactured dwellings or floating homes that are listed for sale by the facility landlord, the facility landlord may not prohibit the facility tenant from entering into a subleasing agreement while the facility tenant actively markets for sale the facility tenant’s manufactured dwelling or floating home. [2007 c.831 § 2; 2011 c.42 § 12; 2013 c.443 § 10; 2015 c.217 § 8; 2019 c.268 § 3; 2019 c.625 § 55; 2021 c.260 § 14; 2023 c.72 § 46; 2023 c.250 § 5; 2023 c.549 § 2c]
(Utility and Service Charges)