OREN-J_October_2013

Legislation Affects Real Estate and Landlord-Tenant Laws

Oregon Capitol Building by David Gn

In addition to Senate Bill 23 (see “Changes Made to License Law,” page 1), the Oregon Legislature passed other laws of interest to real estate licensees and escrow agents. The Oregon Real Estate Agency has provided summaries and links to the full text of the laws below. The Agency cannot answer questions about these laws. Refer any questions about these laws to your lawyer or legal counsel. Senate Bill 91 Effective 1/1/2014 Made significant changes to the Oregon Residential Landlord and TenantAct (Oregon Revised Statutes chapter 90). Renters Insurance: Landlords and prop- erty managers can now require a tenant to have renter’s insurance before accepting their application. Rules and exceptions apply. Screening and EvictionCriteria: The bill

makes changes to the rental criteria that that can be used to deny applicants. Past eviction filings that were dismissed and arrests that did not result in convictions or are over five years old cannot be considered when evaluating a tenant’s application. Landlords can still screen for criminal histories with drug-related crimes, person crimes (robbery, hate crimes, violent crimes, etc.), sex offenses, financial fraud, or any crime that would affect the property, health, safety, or peaceful living of the resi- dents, the landlord, or the property manager. Non-Compliance Fees: Tenants who violate a landlord’s written rules and policies can be charged with fees for not complying with the rules or policies. Certain notice re- quirements must be met. Landlords cannot charge a fee and terminate tenancy under the same non-compliance offense. Landlords also cannot deduct non-compliance fees from a tenant’s rent payment.

October 2013

Oregon Real Estate News-Journal

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