Required delivery of notice of rental assistance and support services before termination for nonpayment

(1) As used in this section: (a) “Nonpayment” means the nonpayment of a payment that is due to a landlord, including a payment of rent, late charges, utility or service charges or any other charge or fee as described in the rental agreement or ORS 90.140, 90.302, 90.315, 90.392, 90.394, 90.560 to 90.584 or 90.630. (b) “Nonpayment” does not include payments owed by a tenant for damages to the premises. (2) A landlord shall deliver a copy of the notice posted on the website of the Judicial Department under ORS 105.136 along with: (a) Any notice of termination for nonpayment; and (b) Any summons for a complaint seeking possession based on nonpayment given by the landlord or service processor, including a summons delivered under ORS 105.135 (3)(b). (3) A court shall enter a judgment dismissing a complaint for possession that is based on a termination notice for nonpayment if the court determines that: (a) The landlord failed to deliver the notice as required under subsection (2) of this section; (b) The landlord caused the tenant to not tender rent, including as a result of the landlord’s failure to reasonably participate with a rental assistance program; or (c) The tenant has tendered or caused to be tendered rental assistance or any other payment covering the nonpayment amount owed under the termination notice for nonpayment. (4) Notwithstanding ORS 105.137 (4), if a claim for possession is dismissed under subsection (3)(c) of this section and the payment was tendered after the action was commenced, the tenant is not entitled to prevailing party fees, costs or attorney fees. (5) Notwithstanding ORS 90.302, a landlord may charge a tenant for filing fees paid under ORS 105.130, if the complaint for possession is dismissed under subsection (3)(c) of this section. Payment of the fees is not a prerequisite for dismissal under subsection (3)(c) of this section.