In the case of the tenant/resident who already occupies a space in a community without a Rental Agreement, a written agreement should be prepared and presented to the tenant for signature. The written agreement should incorporate the basic provisions of the existing oral agreement. If the tenant refuses to sign the agreement try to find out the basis of the tenant's objection. If changes can be made that are satisfactory to you and the tenant, then the changes should be made in agreement, initialed, signed and dated. If the tenant still refuses to sign the Rental Agreement, whether changed or not, you should give or mail the tenant a copy of the Rental Agreement that the tenant/resident refused to sign. The date of the mailing or delivery should be indicated on both your copy and the tenant's copy. If mailed, keep a copy of the cover letter that you send along with the tenant's copy of the Rental Agreement. You cannot force a resident to sign a rental agreement if they have been living in the community without a rental agreement.
ORS 90.710 (2) (d) allows, "Notwithstanding ORS 41.580 (1), if a landlord and tenant mutually agree on the terms of an oral agreement for renting residential property, but the tenant refuses to sign a written memorandum of that agreement after it has been reduced to writing by the landlord and offered to the tenant for the tenant's signature, the oral agreement shall be enforceable notwithstanding the tenant's refusal to sign".
