(5) If, after a
landlord and a tenant have entered into a tenancy, a governmental agency posts
a dwelling unit as unsafe and unlawful to occupy due to the existence of
conditions that violate state or local law, that materially affect health or
safety and that:
(a) Were not
caused by the tenant, the tenant may immediately terminate the tenancy by
giving the landlord actual notice of the termination and the reason for the
termination; or
(b) Were not
caused by the landlord or by the landlord’s failure to maintain the dwelling,
the landlord may terminate the tenancy by giving the tenant 24 hours’ written
notice of the termination and the reason for the termination, after which the
landlord may take possession in the manner provided in ORS 105.100 to 105.168.
(6) If the
tenancy is terminated, as a result of conditions as described in subsections
(2), (4) and (5) of this section, within 14 days of the notice of termination
the landlord shall return to the applicant or tenant:
(a) All of the
deposit to secure the execution of a rental agreement, security deposit or
prepaid rent owed to the applicant under this section or to the tenant under
ORS 90.300; and
(b) All rent
prepaid for the month in which the termination occurs, prorated, if applicable,
to the date of termination or the date the tenant vacates the premises,
whichever is later.