Read the full stored bill text
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
House Bill 3522
Sponsored by Representatives HARTMAN, PHAM H, WRIGHT; Representatives ANDERSEN,
BOWMAN, DIEHL, DOBSON, DRAZAN, FAHEY, FRAGALA, GAMBA, GOMBERG, GRAYBER,
HUDSON, ISADORE, LEVY B, LEWIS, MANNIX, MCINTIRE, NATHANSON, NELSON,
NGUYEN D, NGUYEN H, OSBORNE, RESCHKE, RUIZ, SCHARF, WALLAN, WALTERS,
WATANABE, YUNKER, Senators HAYDEN, MEEK, PATTERSON, SMITH DB
CHAPTER .................................................
AN ACT
Relating to evictions of squatters; creating new provisions; and amending ORS 90.100, 105.115,
105.126 and 105.130.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2025 Act is added to and made a part of ORS chapter 91.
SECTION 2. An owner or landlord, as defined in ORS 90.100, of a premises may take
possession pursuant to ORS 105.100 to 105.168 of the premises from a squatter, as defined in
ORS 90.100, after giving the person 24 hours’ written notice of the termination of the occu-
pancy. The notice must specify the date and time by which the person must vacate and state
that the cause of the termination is the person’s status as a squatter. The notice does not
create a right of occupancy or tenancy for the squatter.
SECTION 3. ORS 105.115 is amended to read:
105.115. (1) Except as provided by subsections (2) and (3) of this section, the following are causes
of unlawful holding by force within the meaning of ORS 105.110, 105.123 and 105.126:
(a) When the tenant or person in possession of any premises fails or refuses to pay rent within
10 days after the rent is due under the lease or agreement under which the tenant or person in
possession holds, or to deliver possession of the premises after being in default on payment of rent
for 10 days.
(b) When the lease by its terms has expired and has not been renewed, or when the tenant or
person in possession is holding from month to month, or year to year, and remains in possession
after notice to quit as provided in ORS 105.120, or is holding contrary to any condition or covenant
of the lease or is holding possession without any written lease or agreement.
(c) When the owner or possessor of a recreational vehicle that was placed or driven onto
property without the prior consent of the property owner, operator or tenant fails to remove the
recreational vehicle. The property owner or operator is not required to serve a notice to quit the
property before commencing an action under ORS 105.126 against a recreational vehicle owner or
possessor holding property by force as described in this paragraph.
(d) When the person in possession of a premises remains in possession after the time when a
purchaser of the premises is entitled to possession in accordance with the provisions of ORS 18.946
or 86.782.
Enrolled House Bill 3522 (HB 3522-A) Page 1
(e) When the person in possession of a premises remains in possession after the time when a
deed given in lieu of foreclosure entitles the transferee named in the deed to possession of the
premises.
(f) When the person in possession of a premises remains in possession after the time when a
seller is entitled to possession in accordance with the provisions of ORS 93.930 (2)(c) or pursuant
to a judgment of strict foreclosure of a recorded contract for transfer or conveyance of an interest
in real property.
(g) When the person in possession of a premises remains in possession after the expiration of a
valid notice terminating the person’s right to occupy the premises pursuant to ORS 91.120, 91.122
or 91.130.
(h) When the person is a squatter who remains in possession of a premises after the
expiration of a notice given under section 2 of this 2025 Act.
(2) In the case of a dwelling unit to which ORS chapter 90 applies:
(a) The following are causes of unlawful holding by force within the meaning of ORS 105.110
and 105.123:
(A) When the tenant or person in possession of any premises fails or refuses to pay rent within
the time period required by a notice under ORS 90.392 or 90.394.
(B) When a rental agreement by its terms has expired and has not been renewed, or when the
tenant or person in possession remains in possession after a valid notice terminating the tenancy
pursuant to ORS chapter 90, or is holding contrary to any valid condition or covenant of the rental
agreement or ORS chapter 90.
(b) A landlord may not file an action for the return of possession of a dwelling unit based upon
a cause of unlawful holding by force as described in paragraph (a) of this subsection until after the
expiration of a rental agreement for a fixed term tenancy or after the expiration of the time period
provided in a notice terminating the tenancy.
(c) The court may dismiss a claim for possession at any time if the complaint does not comply
with this subsection.
(3) In an action under subsection (2) of this section, ORS chapter 90 shall be applied to deter-
mine the rights of the parties, including:
(a) Whether and in what amount rent is due;
(b) Whether a tenancy or rental agreement has been validly terminated; and
(c) Whether the tenant is entitled to remedies for retaliatory conduct by the landlord as pro-
vided by ORS 90.385 and 90.765.
SECTION 4.
ORS 105.126 is amended to read:
105.126. For a complaint described in ORS 105.123, if ORS chapter 90 does not apply to the
premises:
(1) The complaint must be in substantially the following form and be available from the clerk
of the court:
_______________________________________________________________________________________
IN THE CIRCUIT COURT
FOR THE COUNTY OF
EVICTION COMPLAINT
([Tenancy] Not covered by ORS chapter 90)
No.
(Landlord),
Plaintiff(s)
Enrolled House Bill 3522 (HB 3522-A) Page 2
vs.
(Tenant),
Defendant(s)
1.
Defendant is in possession of the following premises:
(city)
2.
Defendant entered upon the premises with force or is unlawfully holding the premises with
force.
3.
Plaintiff is entitled to possession of the premises, because:
24-hour notice for squatter. Section
2 of this 2025 Act.
30-day notice (month-to-month
tenancy)
30-day notice (cause)
Notice to bona fide tenants after
foreclosure sale or termination of
fixed term tenancy after foreclosure
sale. ORS 86.782 (6)(c).
Other notice (explain)
No notice (explain)
A COPY OF ANY NOTICE RELIED UPON IS ATTACHED
Wherefore, plaintiff prays for possession of the premises, costs and disbursements and attorney
fees, if applicable.
Plaintiff
_______________________________________________________________________________________
(2) A copy of the notice relied upon, if any, must be attached to the complaint.
SECTION 5.
ORS 105.130 is amended to read:
105.130. (1) Except as provided in this section and ORS 105.135, 105.137 and 105.140 to 105.161,
an action pursuant to ORS 105.110 shall be conducted in all respects as other actions in courts of
this state.
(2) Upon filing a complaint in the case of a dwelling unit to which ORS chapter 90 applies, the
clerk shall:
(a) Collect a filing fee of $88;
(b) Collect any other fee authorized by law or ordinance; and
(c) With the assistance of the plaintiff or an agent of the plaintiff, complete the applicable
summons and provide to the plaintiff or an agent of the plaintiff sufficient copies of the summons
and complaint for service.
Enrolled House Bill 3522 (HB 3522-A) Page 3
(3) The court shall collect a filing fee of $88 from a defendant that demands a trial under this
section.
(4) An action pursuant to ORS 105.110 shall be brought in the name of a person entitled to
possession as plaintiff. The plaintiff may appear in person or through an attorney. In an action to
which ORS chapter 90 applies, the plaintiff may also appear through a nonattorney who is an agent
or employee of the plaintiff or an agent or employee of an agent of the plaintiff.
(5) Notwithstanding ORS 9.160, 9.320 and ORS chapter 180, a state agency may appear in an
action brought pursuant to ORS 105.110 through an officer or employee of the agency if:
(a) The Attorney General consents to the representation of the agency by an officer or employee
in the particular action or in the class of actions that includes the particular action; and
(b) The agency, by rule, authorizes an officer or employee to appear on its behalf in the partic-
ular type of action being conducted.
(6) An action brought under ORS 105.110 by a person entitled to possession of premises on the
basis of circumstances described in ORS 105.115 (1)(d), (e) , (f) or (h) [ or (f) ] is subject to the filing
fees and other court or sheriff fees applicable to an action concerning a dwelling unit that is subject
to ORS chapter 90. The procedure under ORS 105.100 to 105.168 that is applicable to an action
concerning a dwelling unit subject to ORS chapter 90 shall also apply to an action brought under
ORS 105.115 (1)(d), (e) , (f) or (h) [ or (f) ], except that the complaint must be in the form prescribed
in ORS 105.126.
SECTION 6. ORS 90.100 is amended to read:
90.100. As used in this chapter, unless the context otherwise requires:
(1) “Accessory building or structure” means any portable, demountable or permanent structure,
including but not limited to cabanas, ramadas, storage sheds, garages, awnings, carports, decks,
steps, ramps, piers and pilings, that is:
(a) Owned and used solely by a tenant of a manufactured dwelling or floating home; or
(b) Provided pursuant to a written rental agreement for the sole use of and maintenance by a
tenant of a manufactured dwelling or floating home.
(2) “Action” includes recoupment, counterclaim, setoff, suit in equity and any other proceeding
in which rights are determined, including an action for possession.
(3) “Applicant screening charge” means any payment of money required by a landlord of an
applicant prior to entering into a rental agreement with that applicant for a residential dwelling
unit, the purpose of which is to pay the cost of processing an application for a rental agreement for
a residential dwelling unit.
(4) “Attorney” includes an associate member of the Oregon State Bar practicing law within the
member’s approved scope of practice.
(5) “Bias crime” has the meaning given that term in ORS 147.380.
(6) “Building and housing codes” includes any law, ordinance or governmental regulation con-
cerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or ap-
pearance of any premises or dwelling unit.
(7) “Carbon monoxide alarm” has the meaning given that term in ORS 105.836.
(8) “Carbon monoxide source” has the meaning given that term in ORS 105.836.
(9) “Conduct” means the commission of an act or the failure to act.
(10) “DBH” means the diameter at breast height, which is measured as the width of a standing
tree at four and one-half feet above the ground on the uphill side.
(11) “Dealer” means any person in the business of selling, leasing or distributing new or used
manufactured dwellings or floating homes to persons who purchase or lease a manufactured dwelling
or floating home for use as a residence.
(12) “Domestic violence” means:
(a) Abuse between family or household members, as those terms are defined in ORS 107.705; or
(b) Abuse, as defined in ORS 107.705, between partners in a dating relationship.
(13) “Drug and alcohol free housing” means a dwelling unit described in ORS 90.243.
Enrolled House Bill 3522 (HB 3522-A) Page 4
(14) “Dwelling unit” means a structure or the part of a structure that is used as a home, resi-
dence or sleeping place by one person who maintains a household or by two or more persons who
maintain a common household. “Dwelling unit” regarding a person who rents a space for a manu-
factured dwelling or recreational vehicle or regarding a person who rents moorage space for a
floating home as defined in ORS 830.700, but does not rent the home, means the space rented and
not the manufactured dwelling, recreational vehicle or floating home itself.
(15) “Essential service” means:
(a) For a tenancy not consisting of rental space for a manufactured dwelling, floating home or
recreational vehicle owned by the tenant and not otherwise subject to ORS 90.505 to 90.850:
(A) Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior
doors, latches for windows and any cooking appliance or refrigerator supplied or required to be
supplied by the landlord; and
(B) Any other service or habitability obligation imposed by the rental agreement or ORS 90.320,
the lack or violation of which creates a serious threat to the tenant’s health, safety or property or
makes the dwelling unit unfit for occupancy.
(b) For a tenancy consisting of rental space for a manufactured dwelling, floating home or rec-
reational vehicle owned by the tenant or that is otherwise subject to ORS 90.505 to 90.850:
(A) Sewage disposal, water supply, electrical supply and, if required by applicable law, any
drainage system; and
(B) Any other service or habitability obligation imposed by the rental agreement or ORS 90.730,
the lack or violation of which creates a serious threat to the tenant’s health, safety or property or
makes the rented space unfit for occupancy.
(16) “Facility” means a manufactured dwelling park or a marina.
(17) “Fee” means a nonrefundable payment of money.
(18) “First class mail” does not include certified or registered mail, or any other form of mail
that may delay or hinder actual delivery of mail to the recipient.
(19) “Fixed term tenancy” means a tenancy that has a fixed term of existence, continuing to a
specific ending date and terminating on that date without requiring further notice to effect the
termination.
(20) “Floating home” has the meaning given that term in ORS 830.700. “Floating home” includes
an accessory building or structure.
(21) “Good faith” means honesty in fact in the conduct of the transaction concerned.
(22) “Hazard tree” means a tree that:
(a) Is located on a rented space in a manufactured dwelling park;
(b) Measures at least eight inches DBH; and
(c) Is considered, by an arborist licensed as a landscape construction professional pursuant to
ORS 671.560 and certified by the International Society of Arboriculture, to pose an unreasonable
risk of causing serious physical harm or damage to individuals or property in the near future.
(23) “Hotel or motel” means “hotel” as that term is defined in ORS 699.005.
(24) “Informal dispute resolution” includes voluntary consultation between the landlord or
landlord’s agent and one or more tenants or voluntary mediation utilizing the services of a third
party, but does not include mandatory mediation or arbitration.
(25) “Landlord” means the owner, lessor or sublessor of the dwelling unit or the building or
premises of which it is a part. “Landlord” includes a person who is authorized by the owner, lessor
or sublessor to manage the premises or to enter into a rental agreement.
(26) “Landlord’s agent” means a person who has oral or written authority, either express or
implied, to act for or on behalf of a landlord.
(27) “Last month’s rent deposit” means a type of security deposit, however designated, the pri-
mary function of which is to secure the payment of rent for the last month of the tenancy.
(28) “Manufactured dwelling” means a residential trailer, a mobile home or a manufactured
home as those terms are defined in ORS 446.003 or a prefabricated structure. “Manufactured
dwelling” includes an accessory building or structure.
Enrolled House Bill 3522 (HB 3522-A) Page 5
(29) “Manufactured dwelling park” means a place where four or more manufactured dwellings
are located, the primary purpose of which is to rent space or keep space for rent to any person for
a charge or fee.
(30) “Marina” means a moorage of contiguous dwelling units that may be legally transferred as
a single unit and are owned by one person where four or more floating homes are secured, the pri-
mary purpose of which is to rent space or keep space for rent to any person for a charge or fee.
(31) “Marina purchase association” means a group of three or more tenants who reside in a
marina and have organized for the purpose of eventual purchase of the marina.
(32) “Month-to-month tenancy” means a tenancy that automatically renews and continues for
successive monthly periods on the same terms and conditions originally agreed to, or as revised by
the parties, until terminated by one or both of the parties.
(33) “Organization” includes a corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or more persons having a joint or com-
mon interest, and any other legal or commercial entity.
(34) “Owner” includes a mortgagee in possession and means one or more persons, jointly or se-
verally, in whom is vested:
(a) All or part of the legal title to property; or
(b) All or part of the beneficial ownership and a right to present use and enjoyment of the
premises.
(35) “Person” includes an individual or organization.
(36) “Prefabricated structure” means a structure that is substantially constructed or assembled
using closed construction at an off-site location in compliance with the state building code and that
is sited and occupied by the owner in compliance with local codes.
(37) “Premises” means:
(a) A dwelling unit and the structure of which it is a part and facilities and appurtenances
therein;
(b) Grounds, areas and facilities held out for the use of tenants generally or the use of which
is promised to the tenant; and
(c) A facility for manufactured dwellings or floating homes.
(38) “Prepaid rent” means any payment of money to the landlord for a rent obligation not yet
due. In addition, “prepaid rent” means rent paid for a period extending beyond a termination date.
(39) “Recreational vehicle” has the meaning given that term in ORS 174.101.
(40) “Recreational vehicle park” has the meaning given that term in ORS 197.492.
(41)(a) “Rent” means any payment to be made to the landlord under the rental agreement, pe-
riodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling
unit to the exclusion of others and to use the premises.
(b) “Rent” does not include security deposits, fees or utility or service charges as described in
ORS 90.315 (4) and 90.562.
(42) “Rental agreement” means all agreements, written or oral, and valid rules and regulations
adopted under ORS 90.262 or 90.510 (6) embodying the terms and conditions concerning the use and
occupancy of a dwelling unit and premises. “Rental agreement” includes a lease. A rental agreement
is either a week-to-week tenancy, month-to-month tenancy or fixed term tenancy.
(43) “Roomer” means a person occupying a dwelling unit that does not include a toilet and ei-
ther a bathtub or a shower and a refrigerator, stove and kitchen, all provided by the landlord, and
where one or more of these facilities are used in common by occupants in the structure.
(44) “Screening or admission criteria” means a written statement of any factors a landlord
considers in deciding whether to accept or reject an applicant and any qualifications required for
acceptance. “Screening or admission criteria” includes, but is not limited to, the rental history,
character references, public records, criminal records, credit reports, credit references and incomes
or resources of the applicant.
Enrolled House Bill 3522 (HB 3522-A) Page 6
(45) “Security deposit” means a refundable payment or deposit of money, however designated,
the primary function of which is to secure the performance of a rental agreement or any part of a
rental agreement. “Security deposit” does not include a fee.
(46) “Sexual assault” has the meaning given that term in ORS 147.450.
(47)(a) “Squatter” means a person occupying a dwelling unit , or occupying any other property
and using it for dwelling purposes, who is not so entitled under a rental agreement or who is not
authorized by the tenant to occupy that dwelling unit.
(b) “Squatter” does not include a tenant who holds over as described in ORS 90.427 (11).
(48) “Stalking” means the behavior described in ORS 163.732.
(49) “Statement of policy” means the summary explanation of information and facility policies
to be provided to prospective and existing tenants under ORS 90.510.
(50) “Surrender” means an agreement, express or implied, as described in ORS 90.148 between
a landlord and tenant to terminate a rental agreement that gave the tenant the right to occupy a
dwelling unit.
(51) “Tenant”:
(a) Except as provided in paragraph (b) of this subsection:
(A) Means a person, including a roomer, entitled under a rental agreement to occupy a dwelling
unit to the exclusion of others, including a dwelling unit owned, operated or controlled by a public
housing authority.
(B) Means a minor, as defined and provided for in ORS 109.697.
(b) For purposes of ORS 90.505 to 90.850, means only a person who owns and occupies as a
residence a manufactured dwelling or a floating home in a facility and persons residing with that
tenant under the terms of the rental agreement.
(c) Does not mean a guest or temporary occupant.
(52) “Transient lodging” means a room or a suite of rooms.
(53) “Transient occupancy” means occupancy in transient lodging that has all of the following
characteristics:
(a) Occupancy is charged on a daily basis and is not collected more than six days in advance;
(b) The lodging operator provides maid and linen service daily or every two days as part of the
regularly charged cost of occupancy; and
(c) The period of occupancy does not exceed 30 days.
(54) “Vacation occupancy” means occupancy in a dwelling unit, not including transient occu-
pancy in a hotel or motel, that:
(a) Has all of the following characteristics:
(A) The occupant rents the unit for vacation purposes only, not as a principal residence;
(B) The occupant has a principal residence other than at the unit; and
(C) The period of authorized occupancy does not exceed 45 days; or
(b) Is for the rental of a space in a recreational vehicle park on which a recreational vehicle
owned by the occupant will be located and for which:
(A) The occupant rents the unit for vacation purposes only, not as a principal residence;
(B) The occupant has a principal residence other than at the space;
(C) The period of authorized occupancy does not exceed 90 days;
(D) The recreational vehicle is required to be removed from the park at the end of the occu-
pancy period before a new occupancy may begin; and
(E) A written agreement is signed by the occupant that substantially states: “Your occupancy
of this recreational vehicle park is a vacation occupancy and is NOT subject to the Oregon Resi-
dential Landlord and Tenant Act (ORS chapter 90).”
(55) “Victim” means:
(a) The person against whom an incident related to domestic violence, sexual assault, bias crime
or stalking is perpetrated; or
Enrolled House Bill 3522 (HB 3522-A) Page 7
(b) The parent or guardian of a minor household member against whom an incident related to
domestic violence, sexual assault, bias crime or stalking is perpetrated, unless the parent or guard-
ian is the perpetrator.
(56) “Week-to-week tenancy” means a tenancy that has all of the following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven
days;
(b) There is a written rental agreement that defines the landlord’s and the tenant’s rights and
responsibilities under this chapter; and
(c) There are no fees or security deposits, although the landlord may require the payment of an
applicant screening charge, as provided in ORS 90.295.
Passed by House April 3, 2025
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Julie Fahey, Speaker of House
Passed by Senate June 11, 2025
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled House Bill 3522 (HB 3522-A) Page 8