Does the law require a property manager if I live in different state from the property?
04/14/2009 - Landlord Tenant - State: OR #15983
If I am renting my property in Oregon and I live in California, do I have to have a property manager?
According to Oregon statutes, "Real estate property manager" means a real estate licensee who is authorized to engage in management of rental real estate. There are no special state restrictions on management of residential real estate by out-of-state owners.
Corporations must always possess a statutory agent. Out-of-state owners/landlords are not required to have a local property manager, but out-of-state owners/landlords should have an in-state statutory agent, which is different. A property manager manages the property, collects rent, etc., whereas a statutory agent merely receives notices and legal service of process on behalf of the owner.
The following are OR statutes:
90.305 Disclosure of certain matters; retention of rental agreement; inspection of agreement.
(1) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(a) The person authorized to manage the premises; and
(b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.
(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.
(3) A person who is authorized to manage the premises, or to enter into a rental agreement, and fails to comply with subsection (1) of this section becomes an agent of each person who is a landlord for service of process and receiving and receipting for notices and demands.
(4)(a) A landlord shall retain a copy of each rental agreement at the resident manager's office or at the address provided to the tenant under subsection (1)(a) of this section.
(b) A tenant may request to see the rental agreement and, within a reasonable time, the landlord shall make the agreement available for inspection. At the request of the tenant and upon payment of a reasonable charge, not to exceed the lesser of 25 cents per page or the actual copying costs, the landlord shall provide the tenant with a copy of the rental agreement. This subsection shall not diminish the landlord's obligation to furnish the tenant an initial copy of the rental agreement and any amendments under ORS 90.220(3).
90.310 Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager.
(1) If at the time of the execution of a rental agreement for a dwelling unit in premises containing no more than four dwelling units the premises are subject to any of the following circumstances, the landlord shall disclose that circumstance to the tenant in writing before the execution of the rental agreement:
(a) Any outstanding notice of default under a trust deed, mortgage or contract of sale, or notice of trustee's sale under a trust deed;
(b) Any pending suit to foreclose a mortgage, trust deed or vendor's lien under a contract of sale;
(c) Any pending declaration of forfeiture or suit for specific performance of a contract of sale; or
(d) Any pending proceeding to foreclose a tax lien.
(2) If the tenant moves as a result of a circumstance that the landlord failed to disclose as required by subsection (1) of this section, the tenant may recover twice the actual damages or twice the monthly rent, whichever is greater, and all prepaid rent, in addition to any other remedy that the law may provide.
(3) This section shall not apply to premises managed by a court appointed receiver.
(4) A manager who has complied with ORS 90.305 shall not be liable for damages under this section if the manager had no knowledge of the circumstances that gave rise to a duty of disclosure under subsection (1) of this section.
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Please see the forms at the following links:
04/14/2009 - Category: Landlord Tenant - State: OR #15983
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