ORS § 90 § 90.275
Temporary occupancy agreement; terms and conditions.
Operative Text
(1) As provided under this section, a landlord may allow an individual to become a temporary occupant of the tenant’s dwelling unit. To create a temporary occupancy, the landlord, tenant and proposed temporary occupant must enter into a written temporary occupancy agreement that describes the temporary occupancy relationship. (2) The temporary occupant: (a) Is not a tenant entitled to occupy the dwelling unit to the exclusion of others; and (b) Does not have the rights of a tenant. (3) The temporary occupancy agreement may be terminated by: (a) The tenant without cause at any time; and (b) The landlord only for cause that is a material violation of the temporary occupancy agreement. (4) The temporary occupant does not have a right to cure a violation that causes a landlord to terminate the temporary occupancy agreement. (5) Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record. The landlord may not screen the proposed temporary occupant for credit history or income level. (6) A temporary occupancy agreement: (a) Shall expressly include the requirements of subsections (2) to (4) of this section; (b) May provide that the temporary occupant is required to comply with any applicable rules for the premises; and (c) May have a specific ending date. (7) The landlord, tenant and temporary occupant may extend or renew a temporary occupancy agreement or may enter into a new temporary occupancy agreement. (8) A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement. (9) The temporary occupant shall promptly vacate the dwelling unit if a landlord terminates a temporary occupancy agreement for material violation of the temporary occupancy agreement or if the temporary occupancy agreement ends by its terms. Except as provided in ORS 90.449, the landlord may terminate the tenancy of the tenant as provided under ORS 90.392 or 90.630 if the temporary occupant fails to promptly vacate the dwelling unit or if the tenant materially violates the temporary occupancy agreement. (10) A temporary occupant shall be treated as a squatter if the temporary occupant continues to occupy the dwelling unit after a tenancy has ended or after the tenant revokes permission for the occupancy by terminating the temporary occupancy agreement. (11)(a) A landlord may not enter into a temporary occupancy agreement for the purpose of evading landlord responsibilities under this chapter or to diminish the rights of an applicant or tenant under this chapter. (b) A tenant may not become a temporary occupant in the tenant’s own dwelling unit. (c) A tenancy may not consist solely of a temporary occupancy. Each tenancy must have at least one tenant.
Oregon Revised Statutes § 90.275 establishes a formal framework for 'temporary occupancy' arrangements in residential rental housing. Under this provision, a landlord, tenant, and proposed temporary occupant must all sign a written agreement that explicitly states the temporary occupant is not a tenant and does not hold tenant rights. The tenant may end the arrangement at any time without cause, while the landlord may only terminate it for a material violation of the agreement. A temporary occupant who remains after the arrangement ends is treated as a squatter, and the provision expressly prohibits using temporary occupancy agreements to evade landlord obligations or strip tenant rights.
Plain English — not legal advice.
Under ORS § 90.275, operators who allow temporary occupants must use a written agreement signed by all three parties — landlord, tenant, and temporary occupant — that expressly incorporates the statutory limitations on the temporary occupant's status and rights. Before signing, a landlord may screen the proposed occupant for conduct issues or criminal history, but screening for credit history or income level is not permitted under this section. Compliant operators ensure the agreement clearly states it can be terminated by the tenant at any time without cause, and that the landlord's termination right is limited to material violations; they also maintain at least one named tenant on every tenancy, since a tenancy cannot consist solely of a temporary occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.275 gives tenants meaningful control over temporary occupancy arrangements: a tenant may terminate a temporary occupancy agreement at any time and without cause, and the temporary occupant has no independent right to remain in the unit. Tenants should be aware that if a temporary occupant fails to vacate after termination, the landlord may have grounds to pursue termination of the underlying tenancy under ORS 90.392 or 90.630. Tenants who believe a landlord is using a temporary occupancy agreement to improperly reduce their rights or evade legal responsibilities may wish to consult a tenant-rights organization or legal aid provider familiar with Oregon landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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