ORS 90.710: Causes of action; limit on cause of action of tenant.

(1)(a) Except as provided in paragraph (b) of this subsection, any person aggrieved by a violation of ORS 90.525, 90.630, 90.680 or 90.765 has a cause of action against the violator for any damages sustained as a result of the violation or $500, whichever is greater. (b) If a person violates ORS 90.680 three or more times within a 24-month period, a person has a cause of action against the violator for any damages sustained as a result of the third or subsequent violation or $1,000, whichever is greater. (2)(a) Except as provided in paragraphs (b) and (c) of this subsection, a tenant has a cause of action against the landlord for a violation of ORS 90.510 (4) for any damages sustained as a result of the violation, or $100, whichever is greater. (b) The tenant has no cause of action if, within 10 days after the tenant requests a written agreement from the landlord, the landlord offers to enter into a written agreement that does not substantially alter the terms of the oral agreement made when the tenant rented the space and that complies with this chapter. (c) If, within 10 days after being served with a complaint alleging a violation of ORS 90.510, the landlord offers to enter into a written rental agreement with each of the other tenants of the landlord that does not substantially alter the terms of the oral agreement made when each tenant rented the space and that complies with this chapter, then the landlord is not subject to any further liability to the other tenants for previous violations of ORS 90.510. (d) Notwithstanding ORS 41.580 (1), if a landlord and a tenant mutually agree on the terms of an oral agreement for renting residential property, but the tenant refuses to sign a written memorandum of that agreement after it has been reduced to writing by the landlord and offered to the tenant for the tenant’s signature, the oral agreement is enforceable notwithstanding the tenant’s refusal to sign. (e) A purchaser has a cause of action, for damages sustained or $100, whichever is greater, against a seller who sells the tenant’s manufactured dwelling or floating home to the purchaser before the landlord has accepted the purchaser as a tenant if: (A) The landlord rejects the purchaser as a tenant; and (B) The seller knew the purchaser intended to leave the manufactured dwelling or floating home on the space. [Formerly 91.900; 1991 c.67 §16; 1991 c.844 §16; 1995 c.559 §39; 1995 c.618 §52; 2015 c.217 §6; 2019 c.268 §4]