2021 Oregon Revised Statutes
Chapter 090 - Residential Landlord and Tenant
Section 90.403 - Taking possession of premises from unauthorized possessor.


(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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 090 - Residential Landlord and Tenant

Section 90.100 - Definitions.

Section 90.110 - Exclusions from application of this chapter.

Section 90.112 - Maximum occupancy limit.

Section 90.120 - Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.465 and 90.505 to 90.850.

Section 90.125 - Administration of remedies; enforcement.

Section 90.135 - Unconscionability.

Section 90.140 - Types of payments landlord may require or accept; written evidence of payment.

Section 90.145 - Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord; restrictions.

Section 90.147 - Delivery of possession.

Section 90.148 - Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy.

Section 90.150 - Service or delivery of actual notice.

Section 90.155 - Service or delivery of written notice.

Section 90.160 - Calculation of notice periods.

Section 90.220 - Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment.

Section 90.222 - Renter’s liability insurance.

Section 90.228 - Notice of location in 100-year flood plain.

Section 90.230 - Rental agreements for occupancy of recreational vehicle in park; remedy for noncompliance; exception.

Section 90.243 - Qualifications for drug and alcohol free housing; "program of recovery" defined.

Section 90.245 - Prohibited provisions in rental agreements; remedy.

Section 90.260 - Late rent payment charge or fee; restrictions; calculation.

Section 90.262 - Use and occupancy rules and regulations; adoption; enforceability; restrictions.

Section 90.263 - Vehicle tags.

Section 90.265 - Interest in alternative energy device installed by tenant.

Section 90.275 - Temporary occupancy agreement; terms and conditions.

Section 90.295 - Applicant screening charges; screening criteria.

Section 90.297 - Prohibition on charging deposit or fee to enter rental agreement; exceptions; deposit allowed for securing execution of rental agreement; remedy.

Section 90.300 - Security deposits; prepaid rent.

Section 90.302 - Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies.

Section 90.303 - Evaluation of applicant.

Section 90.304 - Statement of reasons for denial; remedy.

Section 90.305 - Disclosure of certain matters; retention of rental agreement; inspection of agreement.

Section 90.310 - Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager.

Section 90.315 - Utility or service payments; additional charges; responsibility for utility or service; remedies.

Section 90.316 - Carbon monoxide alarm.

Section 90.317 - Repair or replacement of carbon monoxide alarm.

Section 90.318 - Criteria for landlord provision of certain recycling services.

Section 90.320 - Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises.

Section 90.322 - Landlord or agent access to premises; remedies.

Section 90.323 - Maximum rent increase; exceptions; notice.

Section 90.324 - Calculation of maximum rent increase; publication.

Section 90.325 - Tenant duties.

Section 90.360 - Effect of landlord noncompliance with rental agreement or obligation to maintain premises; generally.

Section 90.365 - Failure of landlord to supply essential services; remedies.

Section 90.367 - Application of security deposit or prepaid rent after notice of foreclosure; termination of fixed term tenancy after notice.

Section 90.368 - Repair of minor habitability defect.

Section 90.370 - Tenant counterclaims in action by landlord for possession or rent.

Section 90.380 - Effect of rental of dwelling in violation of building or housing codes; remedy.

Section 90.385 - Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases.

Section 90.390 - Discrimination against tenant or applicant; tenant defense.

Section 90.391 - Information to veterans required in notice.

Section 90.392 - Termination of tenancy for cause; tenant right to cure violation.

Section 90.394 - Termination of tenancy for failure to pay rent.

Section 90.396 - Acts or omissions justifying termination 24 hours after notice.

Section 90.398 - Termination of tenancy for drug or alcohol violations.

Section 90.401 - Remedies available to landlord.

Section 90.403 - Taking possession of premises from unauthorized possessor.

Section 90.405 - Effect of tenant keeping unpermitted pet.

Section 90.410 - Effect of tenant failure to give notice of absence; absence; abandonment.

Section 90.412 - Waiver of termination of tenancy.

Section 90.414 - Acts not constituting waiver of termination of tenancy; delivery of rent refund.

Section 90.417 - Duty to pay rent; effect of acceptance of partial rent.

Section 90.420 - Enforceability of landlord liens; distraint for rent abolished.

Section 90.425 - Disposition of personal property abandoned by tenant; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property.

Section 90.427 - Termination of tenancy without tenant cause; effect of termination notice.

Section 90.429 - Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850.

Section 90.440 - Termination of tenancy in group recovery home; recovery of possession; damages.

Section 90.445 - Termination of tenant committing criminal act of physical violence.

Section 90.449 - Landlord discrimination against victim; exception; tenant defenses and remedies.

Section 90.453 - Termination by tenant who is victim of domestic violence, sexual assault or stalking; verification statement.

Section 90.459 - Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking.

Section 90.460 - Alternate exit from bedroom required; tenant right to recover for landlord noncompliance.

Section 90.462 - Electric vehicle charging stations.

Section 90.465 - Right of city to recover from owner for costs of relocating tenant due to condemnation; defense.

Section 90.472 - Termination by tenant called into active state service by Governor.

Section 90.475 - Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration.

Section 90.485 - Restrictions on landlord removal of vehicle; exceptions.

Section 90.490 - Prohibited acts in anticipation of notice of conversion to condominium; damages.

Section 90.493 - Prohibited acts following notice of conversion to condominium; damages.

Section 90.505 - Definitions for ORS 90.505 to 90.850; application of statutes.

Section 90.510 - Statement of policy; rental agreement; rules and regulations; remedies.

Section 90.512 - Definitions for ORS 90.514 and 90.518.

Section 90.514 - Disclosure to prospective tenant of improvements required under rental agreement.

Section 90.518 - Provider statement of estimated cost of improvements.

Section 90.525 - Unreasonable conditions of rental or occupancy prohibited; notice of rights.

Section 90.527 - Renter’s liability insurance in park.

Section 90.528 - Use of common areas or facilities.

Section 90.530 - Pets in facilities; rental agreements; violations.

Section 90.545 - Fixed term tenancy expiration; renewal or extension; new rental agreements; tenant refusal of new rental agreement; written storage agreement upon termination of tenancy.

Section 90.555 - Subleasing agreements.

Section 90.560 - Definitions for ORS 90.560 to 90.584.

Section 90.562 - Utility and service charges; limits.

Section 90.564 - Charge for cable, satellite or Internet.

Section 90.566 - Conversion to direct billing for garbage service.

Section 90.568 - Pro rata billing; apportionment methods.

Section 90.572 - Submeter billing.

Section 90.574 - Conversion to submeter or pro rata billing for water.

Section 90.576 - Legislative findings.

Section 90.578 - Conversion to submeter or direct billing for large parks.

Section 90.580 - Entry to read submeter; requirement for water submeter.

Section 90.582 - Publication of submeter or pro rata bills; tenant

Section 90.584 - Park specific billing for water; voting.

Section 90.600 - Increases in rent; limitations; notice; meeting with tenants; effect of failure to meet.

Section 90.610 - Notice of proposed change in rule or regulation; tenant objection to change.

Section 90.620 - Termination by tenant; notice to landlord.

Section 90.630 - Termination by landlord; causes; notice; cure; repeated nonpayment of rent.

Section 90.632 - Termination of tenancy due to physical condition of manufactured dwelling or floating home; correction of condition by tenant.

Section 90.634 - Prohibition against lien for rent; action for possession; disposition of dwelling or home; disposition of goods.

Section 90.640 - Park damaged by natural disaster.

Section 90.643 - Conversion of park to planned community subdivision of manufactured dwellings.

Section 90.645 - Closure of park; notices; payments to tenants; rules.

Section 90.650 - Notice of tax provisions to tenants of closing park; rules.

Section 90.655 - Park closure notice to nontenants; report of tenant reactions.

Section 90.671 - Closure of marina; notices; payments to tenants; rules.

Section 90.675 - Disposition of manufactured dwelling or floating home left in facility; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property.

Section 90.680 - Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord.

Section 90.710 - Causes of action; limit on cause of action of tenant.

Section 90.725 - Landlord or agent access to rented space; remedies.

Section 90.727 - Maintenance of trees in rented spaces.

Section 90.729 - Temporary movement of floating home; notice; costs paid by landlord.

Section 90.730 - Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition.

Section 90.732 - Landlord registration; registration fee.

Section 90.734 - Manager or owner continuing education requirements.

Section 90.736 - Civil penalties.

Section 90.738 - Enforcement of registration and education requirements; advisory committee; rules.

Section 90.740 - Tenant obligations.

Section 90.750 - Right to assemble or canvass in facility; limitations.

Section 90.755 - Right to speak on political issues; limitations; placement of political signs.

Section 90.765 - Prohibitions on retaliatory conduct by landlord.

Section 90.767 - Mandatory mediation.

Section 90.771 - Confidentiality of information regarding disputes.

Section 90.800 - Policy.

Section 90.840 - Park purchase funds, loans.

Section 90.842 - Notice of sale of facility; contents; formation of tenants committee for purchasing facility.

Section 90.844 - Procedures for purchase of facility by tenants; financial information; deadlines.

Section 90.846 - Notices and processes in facility transfer; remedies.

Section 90.848 - Exceptions to facility transfer requirements.

Section 90.849 - Notice of conveyance.

Section 90.850 - Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit.

Section 90.860 - Definitions for ORS 90.865 to 90.875.

Section 90.865 - Dealer notice of rent payments and financing.

Section 90.870 - Manner of giving notice; persons entitled to notice.

Section 90.875 - Remedy for failure to give notice.