Oregon Statutes 90.727 – Maintenance of trees in rented spaces
(1) As used in this section:
Terms Used In Oregon Statutes 90.727
- DBH: means the diameter at breast height, which is measured as the width of a standing tree at four and one-half feet above the ground on the uphill side. See Oregon Statutes 90.100
- Hazard tree: means a tree that:
(a) Is located on a rented space in a manufactured dwelling park;
(b) Measures at least eight inches DBH; and
(c) Is considered, by an arborist licensed as a landscape construction professional pursuant to ORS § 671. 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
- Manufactured dwelling park: means a place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. 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
(a) ‘Maintaining a tree’ means removing or trimming a tree for the purpose of eliminating features of the tree that cause the tree to be hazardous, or that may cause the tree to become hazardous in the near future.
(b) ‘Removing a tree’ includes:
(A) Felling and removing the tree; and
(B) Grinding or removing the stump of the tree.
(2) The landlord or tenant that is responsible for maintaining a tree must engage a landscape construction professional with a valid license issued pursuant to ORS § 671.560 to maintain any tree with a DBH of eight inches or more.
(3) A landlord:
(a) Shall maintain a tree that is a hazard tree, that was not planted by the current tenant, on a rented space in a manufactured dwelling park if the landlord knows or should know that the tree is a hazard tree.
(b) May maintain a tree on the rented space to prevent the tree from becoming a hazard tree.
(c) Has discretion to decide whether the appropriate maintenance is removal or trimming of the hazard tree.
(d) Is not responsible for maintaining a tree that is not a hazard tree or for maintaining any tree for aesthetic purposes.
(4) In addition to complying with ORS § 90.725, before entering a tenant’s space to inspect or maintain a tree, the landlord must provide the tenant with:
(a) Reasonable notice to inspect a tree.
(b) Reasonable written notice to maintain a tree and, except as necessary to avoid an imminent and serious harm to persons or property, a reasonable opportunity for the tenant to maintain the tree. The notice must specify any tree that the landlord intends to remove.
(5) Except as provided in subsection (3) of this section, a tenant is responsible for maintaining the trees on the tenant’s space in a manufactured dwelling park at the tenant’s expense. The tenant may retain an arborist licensed as a landscape construction professional pursuant to ORS § 671.560 and certified by the International Society of Arboriculture to inspect a tree on the tenant’s rented space at the tenant’s expense and if the arborist determines that the tree is a hazard, the tenant may:
(a) Require the landlord to maintain a tree that is the landlord’s responsibility under subsection (3) of this section; or
(b) Maintain the tree at the tenant’s expense, after providing the landlord with reasonable written notice of the proposed maintenance and a copy of the arborist’s report.
(6) If a manufactured dwelling cannot be removed from a space without first removing or trimming a tree on the space, the owner of the manufactured dwelling may remove or trim the tree at the dwelling owner’s expense, after giving reasonable written notice to the landlord, for the purpose of removing the manufactured dwelling. [2013 c.443 § 5; 2019 c.625 § 35]