Oregon SB 1069: Relating to residential tenancies.

Bill Text

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SB 1069-A4
(LC 3921)
5/3/23 (RLM/ps)
Requested by Senator JAMA
PROPOSED AMENDMENTS TO
A-ENGROSSED SENATE BILL 1069
On page 1 of the printed A-engrossed bill, line 2, delete “90.300” and insert
“90.160, 90.300, 90.394,”.
Delete lines 4 through 28.
On page 2, delete lines 1 through 27 and insert:
“SECTION 1. ORS 90.155 is amended to read:
“90.155. (1) Except as provided in ORS 90.300, 90.315, 90.425 and 90.675,
where this chapter requires written notice, service or delivery of that written
notice shall be executed by one or more of the following methods:
“(a) Personal delivery to the landlord or tenant[;].
“(b) First class mail to the landlord or tenant[; or].
“(c) If allowed under a written rental agreement [so provides], both first
class mail and attachment to a designated location. In order for a written
rental agreement to provide for mail and attachment service of written no-
tices from the landlord to the tenant, the agreement must also provide for
such service of written notices from the tenant to the landlord. Mail and
attachment service of written notices shall be executed as follows:
“(A) For written notices from the landlord to the tenant, the first class
mail notice copy shall be addressed to the tenant at the premises and the
second notice copy shall be attached in a secure manner to the main en-
trance to that portion of the premises of which the tenant has possession;
and

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“(B) For written notices from the tenant to the landlord, the first class
mail notice copy shall be addressed to the landlord at an address as desig-
nated in the written rental agreement and the second notice copy shall be
attached in a secure manner to the landlord’s designated location, which
shall be described with particularity in the written rental agreement, rea-
sonably located in relation to the tenant and available at all hours.
“(d) Except as provided in subsection (5) of this section, electronic
mail, for written notices to the landlord or the tenant, only if allowed
under a written addendum to the rental agreement that:
“(A) Specifies the electronic mail address from which the landlord
agrees to send, and at which the landlord agrees to receive, electronic
mail;
“(B) Specifies the electronic mail address from which the tenant
agrees to send, and at which the tenant agrees to receive, electronic
mail;
“(C) Is executed by both parties after the tenancy begins and the
tenant has occupied the premises;
“(D) Allows the landlord or tenant to terminate the service of
written notice by electronic mail or to change their specified electronic
mail address for receipt of written notice by giving no less than three
days’ written notice; and
“(E) Includes notice in substantially the following form:
“ ________________________________________________________________________
THIS IS AN IMPORTANT NOTICE
ABOUT YOUR RIGHTS REGARDING
RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices
from your landlord by e-mail. This may include important legal no-
tices, including rent increase and tenancy termination notices. Failure
SB 1069-A4 5/3/23
Proposed Amendments to A-Eng. SB 1069 Page 2

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to read or respond to a written notice could result in you losing your
housing or being unaware of a change in rent. Signing this addendum
is voluntary. Only agree to service of written notices electronically if
you check your e-mail regularly.
“ ________________________________________________________________________
“(2) If a notice is served by mail under subsection (1)(b) of this
section, the minimum period for compliance or termination of tenancy, as
appropriate, shall be extended by three days, and the notice shall include the
extension in the period provided.
“(3) A landlord or tenant may utilize alternative methods of notifying the
other so long as the alternative method is in addition to one of the service
methods described in subsection (1) of this section.
“(4) After 30 days’ written notice, a landlord may unilaterally amend a
rental agreement for a manufactured dwelling or floating home that is sub-
ject to ORS 90.505 to 90.850 to provide for service or delivery of written no-
tices by mail and attachment service as provided by subsection (1)(c) of this
section.
“(5) A party to a rental agreement may use electronic mail to give
a written notice terminating the tenancy only if allowed under sub-
section (1)(d) of this section and the termination notice is sent by both
first class mail and electronic mail.”.
After line 41, insert:
“SECTION 3. ORS 90.160 is amended to read:
“90.160. [(1)] Notwithstanding ORCP 10 [and not including the seven-day
and four-day waiting periods provided in ORS 90.394, where there are]:
“(1) For references in this chapter to periods [and] or notices based on
a number