ORS § 90 § 90.730

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

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/7/2026OregonHabitability & Repair

Operative Text

ORS § 90 § 90.730
(1) As used in this section, “facility common areas” means all areas under control of the landlord and held out for the general use of tenants.

(2) A landlord who rents a space for a manufactured dwelling or floating home shall at all times during the tenancy maintain the rented space, vacant spaces in the facility and the facility common areas in a habitable condition. The landlord does not have a duty to maintain a dwelling or home. A landlord’s habitability duty under this section includes only the matters described in subsections (3) to (6) of this section.

(3) For purposes of this section, a rented space is considered unhabitable if it substantially lacks:

(a) A sewage disposal system and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the sewage disposal system can be controlled by the landlord;

(b) If required by applicable law, a drainage system reasonably capable of disposing of storm water, ground water and subsurface water, approved under applicable law at the time of installation and maintained in good working order;

(c) A water supply and a connection to the space approved under applicable law at the time of installation and maintained so as to provide safe drinking water and to be in good working order to the extent that the water supply system can be controlled by the landlord;

(d) An electrical supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order and of sufficient amperage to meet reasonable year-round needs for electrical heating and cooling uses, to the extent that the electrical supply system can be controlled by the landlord;

(e) A natural gas or propane gas supply and a connection to the space approved under applicable law at the time of installation and maintained in good working order to the extent that the gas supply system can be controlled by the landlord, if the utility service is provided within the facility pursuant to the rental agreement;

(f) At the time of commencement of the rental agreement, buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

(g) Excluding the normal settling of land, a surface or ground capable of supporting a manufactured dwelling approved under applicable law at the time of installation and maintained to support a dwelling in a safe manner so that it is suitable for occupancy. A landlord’s duty to maintain the surface or ground arises when the landlord knows or should know of a condition regarding the surface or ground that makes the dwelling unsafe to occupy; and

(h) Completion of any landlord-provided space improvements, including but not limited to installation of carports, garages, driveways and sidewalks, approved under applicable law at the time of installation.

(4) A rented space is considered unhabitable if the landlord does not maintain a hazard tree as required by ORS 90.727.

(5) A vacant space in a facility is considered unhabitable if the space substantially lacks safety from the hazards of fire or injury.

(6) A facility common area is considered unhabitable if it substantially lacks:

(a) Buildings, grounds and appurtenances that are kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

(b) Safety from the hazards of fire;

(c) Trees, shrubbery and grass maintained in a safe manner;

(d) If supplied or required to be supplied by the landlord to a common area, a water supply system, sewage disposal system or system for disposing of storm water, ground water and subsurface water approved under applicable law at the time of installation and maintained in good working order to the extent that the system can be controlled by the landlord; and

(e) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of commencement of the rental agreement and for which the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal.

(7) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

(b) The agreement does not diminish the obligations of the landlord to other tenants on the premises; and

(c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.
Source: Legislative text reproduced verbatim
Plain English

ORS § 90.730 establishes that landlords who rent spaces for manufactured dwellings or floating homes must keep those spaces, vacant spaces, and common areas in a habitable condition throughout the tenancy. Habitability here covers infrastructure like sewage, water, electrical, and gas connections; safe and sanitary grounds free of debris and pests; hazard tree maintenance under ORS 90.727; and adequate garbage receptacles in common areas. Notably, the landlord's duty extends to the space itself and shared areas, not to the dwelling or home the tenant owns and places on the space.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 7, 2026

Plain English — not legal advice.

For Property Managers

Under ORS § 90.730, compliant facility operators generally keep all rented and vacant spaces connected to functioning sewage, water, electrical, and gas systems, and maintain grounds free of debris, rodents, and vermin. Common areas are kept safe from fire hazards, with trees and shrubbery maintained safely and garbage receptacles provided and serviced. Any written agreement shifting specific maintenance tasks to a tenant must be entered in good faith, clearly disclosed, and supported by adequate consideration without reducing the landlord's duties to other tenants.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

ORS § 90.730 gives tenants in manufactured dwelling or floating home facilities the right to a space and shared common areas that meet defined habitability standards, including functioning utilities, safe grounds, and hazard tree maintenance. If a rented space or common area substantially lacks any of these conditions, tenants may have grounds to raise a habitability violation, which can serve as a defense in certain proceedings or support a complaint under Oregon's landlord-tenant statutes. Consulting a tenant-rights organization familiar with Oregon manufactured housing law can help clarify what options may be available.

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.

Effective Timeline

Current
Oct 7, 2026
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References Out

Rules and statutes cited by this regulation

ORS § 90.727
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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