Oregon Statutes 90.634 – Prohibition against lien for rent; action for possession; disposition of dwelling or home; disposition of goods
(1) A landlord may not assert a lien under ORS § 87.162 for dwelling unit rent against a manufactured dwelling or floating home located in a facility. Notwithstanding ORS § 90.100 (51) and 90.675 and regardless of whether the owner of a manufactured dwelling or floating home occupies the dwelling or home as a residence, a facility landlord that is entitled to unpaid rent and receives possession of the facility space from the sheriff following restitution pursuant to ORS § 105.161 may sell or dispose of the dwelling or home as provided in ORS § 90.675.
Terms Used In Oregon Statutes 90.634
- 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
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) If a manufactured dwelling or floating home was occupied immediately prior to abandonment by a person other than the facility tenant, and the name and address of the person are known to the landlord, a landlord selling or disposing of the dwelling or home under subsection (1) of this section shall promptly send the person a copy of the notice sent to the facility tenant under ORS § 90.675 (3). Notwithstanding ORS § 90.425, the facility landlord may sell or dispose of goods left in the dwelling or home or upon the dwelling unit by the person in the same manner as if the goods were left by the facility tenant. If the name and address of the person are known to the facility landlord, the landlord shall promptly send the person a copy of the written notice sent to the facility tenant under ORS § 90.425 (3) and allow the person the time described in the notice to arrange for removal of the goods. [2007 c.831 § 4; 2011 c.42 § 13; 2013 c.443 § 11; 2021 c.260 § 15; 2023 c.72 § 47; 2023 c.250 § 6; 2023 c.549 § 3]
[1995 c.746 47,48; 1997 c.577 § 26b; 1999 c.676 § 23; 2001 c.596 § 45; 2003 c.21 § 1; 2005 c.22 § 67; 2007 c.843 § 91; 2007 c.906 § 7; renumbered 90.650 in 2007]