ORS § 90 § 90.110
Exclusions from application of this chapter.
Operative Text
Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter: (1) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service, but not including residence in off-campus nondormitory housing. (2) Occupancy of a dwelling unit for no more than 90 days by a purchaser prior to the scheduled closing of a real estate sale or by a seller following the closing of a sale, in either case as permitted under the terms of an agreement for sale of a dwelling unit or the property of which it is a part. The occupancy by a purchaser or seller described in this subsection may be terminated only pursuant to ORS 91.130. A tenant who holds but has not exercised an option to purchase the dwelling unit is not a purchaser for purposes of this subsection. (3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization. (4) Transient occupancy in a hotel or motel. (5) Occupancy by a squatter. (6) Vacation occupancy. (7) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises. However, the occupancy by an employee as described in this subsection may be terminated only pursuant to ORS 91.120. (8) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative. (9) Occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
ORS § 90.110 identifies nine categories of living arrangements that fall outside the scope of Oregon's residential landlord-tenant law (ORS Chapter 90), provided the arrangement was not deliberately structured to evade those protections. The exclusions cover situations such as institutional residences tied to detention or care, short-term occupancy by real estate buyers or sellers around a closing, fraternal organization housing, hotel and motel stays, vacation rentals, squatter occupancy, employee housing tied to job duties, condominium ownership, and agricultural-use rentals. Even within some of these excluded categories—such as employee housing and buyer/seller occupancy—specific termination procedures under other Oregon statutes still apply.
Plain English — not legal advice.
Under ORS § 90.110, operators of hotels, motels, vacation rentals, agricultural worker housing tied to farm use, and similar arrangements listed in the statute generally fall outside the obligations imposed by ORS Chapter 90, as long as the arrangement was not structured specifically to avoid those obligations. Compliant operators in these categories typically document the nature of the occupancy clearly in their agreements—for example, specifying that employee housing is conditioned on employment, or that a buyer's pre-closing stay does not exceed 90 days. Even when Chapter 90 does not apply, operators should be aware that other Oregon statutes, such as ORS 91.120 and ORS 91.130, may still govern how certain occupancies can be terminated.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.110 defines situations where Oregon's main landlord-tenant protections do not apply, which means occupants in those categories—such as residents of care institutions, hotel guests, or employees whose housing depends on their job—generally cannot rely on Chapter 90 rights like notice requirements or habitability standards. However, the statute includes a safeguard: if an arrangement was deliberately set up to look like an excluded category in order to strip away tenant protections, it may still be subject to Chapter 90. Occupants who believe their living situation has been misclassified to avoid these protections may wish to consult a tenant-rights organization or legal aid provider familiar with ORS § 90.110 to understand 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.
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