# ORS § 90.730: 90.730 Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.730 ## Section - **Citation:** ORS § 90.730 - **Heading:** 90.730 Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 10 / Chapter 90 / Section 90.730 ## Text (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 (Maintenance of trees in rented spaces) . (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; 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. [1999 c.676 §6; 2007 c.906 §40; 2011 c.503 §10; 2013 c.443 §2; 2015 c.217 §7; 2022 c.86 §12] Note: Section 13, chapter 86, Oregon Laws 2022, provides: Sec. 13. The amendments to ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) by section 12 of this 2022 Act apply only to spaces in which, on or after the effective date of this 2022 Act [March 23, 2022]: (1) A new manufactured dwelling or floating home is connected to the electrical supply; or (2) The electrical supply or electrical supply connection is replaced. [2022 c.86 §13] Source: Section 90.730 — Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 90.100 90.100 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.100.md) - [ORS § 90.105 90.105 Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.105.md) - [ORS § 90.110 90.110 Exclusions from application of this chapter](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.110.md) - [ORS § 90.112 90.112 Maximum occupancy limit](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.112.md) - [ORS § 90.113 90.113 Additional exclusion from application of chapter](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.113.md) - [ORS § 90.115 90.115 Territorial application](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.115.md) - [ORS § 90.120 90.120 Applicability of other statutory lien, tenancy and rent provisions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.120.md) - [ORS § 90.125 90.125 Administration of remedies](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.125.md) - [ORS § 90.130 90.130 Obligation of good faith](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.130.md) - [ORS § 90.135 90.135 Unconscionability](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.135.md) - [ORS § 90.140 90.140 Types of payments landlord may require or accept](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.140.md) - [ORS § 90.145 90.145 Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.145.md) - [ORS § 90.147 90.147 Delivery of possession](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.147.md) - [ORS § 90.148 90.148 Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy](https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.148.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T10_C90_S90.730. Check the current official text before relying on it. Not legal advice.