Answer: Here is a short - and not comprehensive – summary of the temporary occupancy agreement law, which is found in ORS 90.275:
- The temporary occupancy agreement may be terminated by:
- The tenant without cause at any time; and
- The landlord – but only for a cause that is a material violation of the temporary occupancy agreement.
- The temporary occupant does not have a right to cure a for-cause violation issued from the landlord.
- Before entering into a temporary occupancy agreement, a landlord may screen the proposed temporary occupant for issues regarding conduct or for a criminal record.
- However, the landlord may not screen the proposed temporary occupant for credit history or income level, since they are not a “tenant” and their financial capacity to pay rent is immaterial.
- A temporary occupancy agreement:
- May provide that the temporary occupant is required to comply with any applicable rules for the premises; and
- May have a specific ending date.
- A landlord or tenant is not required to give the temporary occupant written notice of the termination of a temporary occupancy agreement.
- A temporary occupant is treated as a squatter if they continue to occupy the dwelling in violation of the agreement.
Temporary occupants may be screened (except for financial capacity), and are held to the same criteria as tenants in regards to conduct, etc. Accordingly, if the Community has rules on pets, the TO must qualify.
If the tenant and daughter try to turn this into a reasonable accommodation issue, it is my opinion it still does not get her to first base. I can find no case law supporting the contention that a housing provider must make a reasonable accommodation to the daughter (as a TO) for permitting three large dogs in the Community.
You do NOT want to put the daughter on the rental agreement because that would make her a “tenant” in a legal sense, and trigger reasonable accommodation entitlements.