ORS 90.275 attempts to clarify the rules relating to temporary occupants. The following are the main issues that the bill addressed:
- A written temporary occupancy agreement may be made between a landlord and a temporary occupant.
- A temporary occupant does not have tenancy rights.
- No written notice is required to terminate a temporary occupant’s occupancy of the premises.
- A temporary occupancy agreement may be terminated by the tenant at any time without cause.
- A temporary occupancy agreement may be terminated by the landlord only for cause for a material violation of the temporary occupancy agreement.
- If the landlord terminates a temporary occupancy agreement for a material violation, the temporary occupant has no right to cure the violation.
- A landlord may screen the temporary occupant for conduct and criminal records, but cannot screen for credit history or income.
- A tenancy cannot consist of one sole temporary occupant. If the tenant vacates, the temporary occupant must also vacate and cannot stay on and become the tenant.
- A temporary occupant who refuses to leave after a temporary occupancy agreement is terminated (or the tenant vacates) is deemed a squatter. As a squatter, the temporary occupant is a criminal trespasser and can be removed from the premises by the local police. This new provision clarifies that no quasi-tenancy is created between the landlord and temporary occupant. A quasi-tenancy requires an eviction to remove the quasi-tenant.