- 1. Does the law protect tenants?Get
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Yes. A state law, called the "Residential Landlord and Tenant Act", sets rules that landlords should follow. These rules apply if you rent a home, apartment, or room to sleep in, with only a few exceptions.
The rules listed in this booklet do not apply to the following exceptions: transient occupancy in a hotel or motel; living in a place as part of your employment in or around the rental building, such as a resident manager or janitor; living in a place you are buying; living on land rented primarily for the purpose of farming; and living in certain institutions.

- ORS 90.110
- 2. Do the landlord and tenant laws protect people who are living in a hotel or motel?Yes, unless the renter has a "transient occupancy" in the hotel or motel. A "transient occupancy" is where: 1) rent is charged per day and is paid no later than every two weeks; 2) maid and linen service is provided at least once every two days; 3) the person has not lived there more than 30 days; and 4) the person who has lived there more than 5 days has a business address or a residence someplace else. All other people living in a hotel or motel are covered by the Landlord and Tenant Act
- 3. What are my rights if I rent space for a mobile home or houseboat?Tenants who are renting space in a manufactured dwelling park or floating home moorage but who own (or are buying) a mobile or floating home have more rights than other tenants. For example, prior to eviction, the landlord must give you a 30-day written notice listing the problems. If you correct the problems listed in the notice during the 30 days, you may stay. If you violate the same section within 6 months the landlord can give you a 30-day notice without giving you a chance to correct the problems.
If your landlord is closing the mobile home park, the landlord must give 365 days' notice in writing or locate another reasonable space for the same rent, pay for moving your home and give 180
- Tenants who own (or are buying) a mobile home or floating home but who rent space that is not part of a manufactured dwelling park or floating home moorage may be evicted with a 180-day notice without cause.
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The Oregon State Tenants Association (OSTA) works for mobile home tenants and may be able to help you with information:
Oregon State Tenants' Association,
3791-B River Road, North. Salem, Oregon 97303 Telephone: 393-7737
There are different rules for RVs (recreational vehicles). Contact a lawyer if you have questions.

Note: In some of the answer sections of this booklet you will see references to ORS, which stands for Oregon Revised Statutes. For example, ORS 90.110. These references are to some of Oregon's landlord-tenant laws. These statutes can be found in most libraries as a part of a sixteen-volume set. You do not need to read these laws to use this booklet.
Discrimination Against Tenants:
6
- 4. Can a landlord evict me or refuse to rent to me because of my sex, race, color, marital status, national origin, physical handicap, mental handicap, because I have a guide dog, or because of my source of income?
Not legally. If you think that the landlord is treating you differently because you fit into one of these categories, contact legal services. You can also call the Oregon Bureau of Labor, Civil Rights Division. In Portland, the number is 229-5900. In Eugene, 686-7623. In Salem, 378-3296.
- It is not legal to refuse to rent to a blind or deaf person because the person has an animal needed to help this person. Landlords cannot charge an additional nonrefundable fee for a hearing or guide dog.
- ORS 90.390
City ordinances in Portland and Corvallis also prohibit discrimination because of a tenant's source of income, for example, welfare. - 5. Can a landlord refuse to rent to me or treat me differently because I have children?A landlord may not refuse to rent to you, evict you or treat you differently because you have children. There is an exception for certain federally subsidized projects, projects where all of the tenants are over 62, and projects where 80% of the the tenants are over 55 and are given significant services.
- In all other cases, if your landlord is discriminating against you because you have children, you should call legal services or the Fair Housing Council of Oregon at 1-800-424-3247.
- 6. Can a landlord rent to me if I am younger than 18?Yes. A state statute says that, if you are at least 16 years old or if you are pregnant with a child who will live with you,
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you can enter into rental agreements and be held responsible for paying rent and utilities. Minors who are younger than 16 or who are not pregnant can also sign a binding rental agreement under some circumstances. Under common law, all minors are responsible for the reasonable value of debts related to necessities, like housing.
- ORS 105.168
- 7. Can a landlord refuse to rent to me because I am gay or a lesbian?City ordinances in Portland, Corvallis and Ashland prohibit discrimination based on sexual orientation. State law does not.
- No landlord may refuse to rent to you, increase your rent, evict you or otherwise treat you differently because you have HIV disease or because they think you carry the virus or are likely to acquire it. This would be discrimination based on handicap. Contact the Civil Rights Division at the numbers listed under Question 4, above.

Some courts may find that private landlords cannot discriminate against two men or two women because this would be sex-based discrimination. Landlords who get federal subsidies should not discriminate on the basis of sexual orientation. If you feel you have been discriminated against, contact legal services.oregon landlord tenant law
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