2021 Oregon Revised Statutes
Chapter 090 - Residential Landlord and Tenant
Section 90.315 - Utility or service payments; additional charges; responsibility for utility or service; remedies.


(a) "Public service" means municipal services and the provision of public resources related to the dwelling unit, including street maintenance, transportation improvements, public transit, public safety and parks and open space.
(b)(A) "Public service charge" means a charge imposed on a landlord by a utility or service provider, by a utility or service provider on behalf of a local government or directly by a local government.
(B) "Public service charge" does not include real property taxes, income taxes, business license fees or dwelling inspection fees.
(c) "Sewer service" includes storm water service and wastewater service.
(d) "Utility or service" includes but is not limited to electricity, natural or liquid propane gas, oil, water, hot water, heat, air conditioning, cable television, direct satellite or other video subscription services, Internet access or usage, sewer service, public services and garbage collection and disposal.
(2) The landlord shall disclose to the tenant in writing at or before the commencement of the tenancy any utility or service that the tenant pays directly to a utility or service provider that benefits, directly, the landlord or other tenants. A tenant’s payment for a given utility or service benefits the landlord or other tenants if the utility or service is delivered to any area other than the tenant’s dwelling unit.
(3) If the landlord knowingly fails to disclose those matters required under subsection (2) of this section, the tenant may recover twice the actual damages sustained or one month’s rent, whichever is greater.
(4)(a) Except for tenancies covered by ORS 90.505 to 90.850, if a written rental agreement so provides, a landlord may require a tenant to pay to the landlord a utility or service charge or a public service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly, or for a public service provided indirectly, to the tenant’s dwelling unit or to a common area available to the tenant as part of the tenancy. A utility or service charge that shall be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from such a charge for the tenant’s dwelling unit.
(b)(A) If a rental agreement provides that a landlord may require a tenant to pay a utility or service charge, the landlord must bill the tenant in writing for the utility or service charge within 30 days after receipt of the provider’s bill. If the landlord includes in the bill to the tenant a statement of the rent due, the landlord must separately and distinctly state the amount of the rent and the amount of the utility or service charge.
(B) The landlord must provide to the tenant, in the written rental agreement or in a bill to the tenant, an explanation of:
(i) The manner in which the provider assesses a utility or service charge; and
(ii) The manner in which the charge is allocated among the tenants if the provider’s bill to the landlord covers multiple tenants.
(C) The landlord must:
(i) Include in the bill to the tenant a copy of the provider’s bill; or
(ii) If the provider’s bill is not included, state that the tenant may inspect the provider’s bill at a reasonable time and place and that the tenant may obtain a copy of the provider’s bill by making a request to the landlord during the inspection and upon payment to the landlord for the reasonable cost of making copies.
(D) A landlord may require that a bill to the tenant for a utility or service charge is due upon delivery of the bill. A landlord shall treat the tenant’s payment as timely for purposes of ORS 90.302 (3)(b)(A) if the payment is made by a date that is specified in the bill and that is not less than 30 days after delivery of the bill.
(E) If a written rental agreement so provides, the landlord may deliver a bill to the tenant as provided in ORS 90.155 or by electronic means.
(c) Except as provided in this paragraph, a utility or service charge may only include the cost of the utility or service as billed to the landlord by the provider. A landlord may add an additional amount to a utility or service charge billed to the tenant if:
(A) The utility or service charge to which the additional amount is added is for cable television, direct satellite or other video subscription services or for Internet access or usage;
(B) The additional amount is not more than 10 percent of the utility or service charge billed to the tenant;
(C) The total of the utility or service charge and the additional amount is less than the typical periodic cost the tenant would incur if the tenant contracted directly with the provider for the cable television, direct satellite or other video subscription services or for Internet access or usage;
(D) The written rental agreement providing for the utility or service charge describes the additional amount separately and distinctly from the utility or service charge; and
(E) Any billing or notice from the landlord regarding the utility or service charge lists the additional amount separately and distinctly from the utility or service charge.
(d)(A) A landlord must provide 60 days’ written notice to a tenant before the landlord may amend an existing rental agreement for a month-to-month tenancy to require a tenant to pay a public service charge that was adopted by a utility or service provider or a local government within the previous six months.
(B) A landlord may not hold a tenant liable for a public service charge billed to a previous tenant.
(C) A landlord may not require a tenant to agree to the amendment of an existing rental agreement, and may not terminate a tenant for refusing to agree to the amendment of a rental agreement, if the amendment would obligate the tenant to pay an additional amount for cable television, direct satellite or other video subscription services or for Internet access or usage as provided under paragraph (c) of this subsection.
(e) A utility or service charge, including any additional amount added pursuant to paragraph (c) of this subsection, is not rent or a fee. Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394 but is grounds for termination of a rental agreement for cause under ORS 90.392.
(f) If a landlord fails to comply with paragraph (a), (b), (c) or (d) of this subsection, the tenant may recover from the landlord an amount equal to one month’s periodic rent or twice the amount wrongfully charged to the tenant, whichever is greater.
(5)(a) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service prior to moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:
(A) Pay the outstanding amount and deduct the amount from the rent;
(B) Enter into a mutual agreement with the landlord to resolve the lack of service; or
(C) Immediately terminate the rental agreement by giving the landlord actual notice and the reason for the termination.
(b) If the tenancy terminates, the landlord shall return all moneys paid by the tenant as deposits, rent or fees within four days after termination.
(6) If a tenant, under the rental agreement, is responsible for a utility or service and is unable to obtain the service after moving into the premises due to a nonpayment of an outstanding amount due by a previous tenant or the owner, the tenant may either:
(a) Pay the outstanding amount and deduct the amount from the rent; or
(b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service or the availability of service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:
(A) Within four days after termination, all rent and fees; and
(B) All of the security deposit owed to the tenant under ORS 90.300.
(7) If a landlord, under the rental agreement, is responsible for a utility or service and the utility or service is shut off due to a nonpayment of an outstanding amount, the tenant may either:
(a) Pay the outstanding balance and deduct the amount from the rent; or
(b) Terminate the rental agreement by giving the landlord actual notice 72 hours prior to the date of termination and the reason for the termination. The tenancy does not terminate if the landlord restores service during the 72 hours. If the tenancy terminates, the tenant may recover actual damages from the landlord resulting from the shutoff and the landlord shall return:
(A) Within four days after termination, all rent prepaid for the month in which the termination occurs prorated from the date of termination or the date the tenant vacates the premises, whichever is later, and any other prepaid rent; and
(B) All of the security deposit owed to the tenant under ORS 90.300.
(8) If a landlord fails to return to the tenant the moneys owed as provided in subsection (5), (6) or (7) of this section, the tenant shall be entitled to twice the amount wrongfully withheld.
(9) This section does not preclude the tenant from pursuing any other remedies under this chapter. [Formerly 91.767; 1993 c.786 §2; 1995 c.559 §14; 1997 c.577 §16; 1999 c.603 §18; 2005 c.391 §19; 2009 c.816 §4a; 2011 c.503 §7; 2015 c.388 §8]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 03 - Landlord-Tenant, Domestic Relations, Probate

Chapter 090 - Residential Landlord and Tenant

Section 90.100 - Definitions.

Section 90.110 - Exclusions from application of this chapter.

Section 90.112 - Maximum occupancy limit.

Section 90.120 - Applicability of other statutory lien, tenancy and rent provisions; applicability of ORS 90.100 to 90.465 and 90.505 to 90.850.

Section 90.125 - Administration of remedies; enforcement.

Section 90.135 - Unconscionability.

Section 90.140 - Types of payments landlord may require or accept; written evidence of payment.

Section 90.145 - Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord; restrictions.

Section 90.147 - Delivery of possession.

Section 90.148 - Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy.

Section 90.150 - Service or delivery of actual notice.

Section 90.155 - Service or delivery of written notice.

Section 90.160 - Calculation of notice periods.

Section 90.220 - Terms and conditions of rental agreement; smoking policy; rent obligation, increases and payment.

Section 90.222 - Renter’s liability insurance.

Section 90.228 - Notice of location in 100-year flood plain.

Section 90.230 - Rental agreements for occupancy of recreational vehicle in park; remedy for noncompliance; exception.

Section 90.243 - Qualifications for drug and alcohol free housing; "program of recovery" defined.

Section 90.245 - Prohibited provisions in rental agreements; remedy.

Section 90.260 - Late rent payment charge or fee; restrictions; calculation.

Section 90.262 - Use and occupancy rules and regulations; adoption; enforceability; restrictions.

Section 90.263 - Vehicle tags.

Section 90.265 - Interest in alternative energy device installed by tenant.

Section 90.275 - Temporary occupancy agreement; terms and conditions.

Section 90.295 - Applicant screening charges; screening criteria.

Section 90.297 - Prohibition on charging deposit or fee to enter rental agreement; exceptions; deposit allowed for securing execution of rental agreement; remedy.

Section 90.300 - Security deposits; prepaid rent.

Section 90.302 - Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules; tenant remedies.

Section 90.303 - Evaluation of applicant.

Section 90.304 - Statement of reasons for denial; remedy.

Section 90.305 - Disclosure of certain matters; retention of rental agreement; inspection of agreement.

Section 90.310 - Disclosure of legal proceedings; tenant remedies for failure to disclose; liability of manager.

Section 90.315 - Utility or service payments; additional charges; responsibility for utility or service; remedies.

Section 90.316 - Carbon monoxide alarm.

Section 90.317 - Repair or replacement of carbon monoxide alarm.

Section 90.318 - Criteria for landlord provision of certain recycling services.

Section 90.320 - Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises.

Section 90.322 - Landlord or agent access to premises; remedies.

Section 90.323 - Maximum rent increase; exceptions; notice.

Section 90.324 - Calculation of maximum rent increase; publication.

Section 90.325 - Tenant duties.

Section 90.360 - Effect of landlord noncompliance with rental agreement or obligation to maintain premises; generally.

Section 90.365 - Failure of landlord to supply essential services; remedies.

Section 90.367 - Application of security deposit or prepaid rent after notice of foreclosure; termination of fixed term tenancy after notice.

Section 90.368 - Repair of minor habitability defect.

Section 90.370 - Tenant counterclaims in action by landlord for possession or rent.

Section 90.380 - Effect of rental of dwelling in violation of building or housing codes; remedy.

Section 90.385 - Retaliatory conduct by landlord; tenant remedies and defenses; action for possession in certain cases.

Section 90.390 - Discrimination against tenant or applicant; tenant defense.

Section 90.391 - Information to veterans required in notice.

Section 90.392 - Termination of tenancy for cause; tenant right to cure violation.

Section 90.394 - Termination of tenancy for failure to pay rent.

Section 90.396 - Acts or omissions justifying termination 24 hours after notice.

Section 90.398 - Termination of tenancy for drug or alcohol violations.

Section 90.401 - Remedies available to landlord.

Section 90.403 - Taking possession of premises from unauthorized possessor.

Section 90.405 - Effect of tenant keeping unpermitted pet.

Section 90.410 - Effect of tenant failure to give notice of absence; absence; abandonment.

Section 90.412 - Waiver of termination of tenancy.

Section 90.414 - Acts not constituting waiver of termination of tenancy; delivery of rent refund.

Section 90.417 - Duty to pay rent; effect of acceptance of partial rent.

Section 90.420 - Enforceability of landlord liens; distraint for rent abolished.

Section 90.425 - Disposition of personal property abandoned by tenant; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property.

Section 90.427 - Termination of tenancy without tenant cause; effect of termination notice.

Section 90.429 - Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850.

Section 90.440 - Termination of tenancy in group recovery home; recovery of possession; damages.

Section 90.445 - Termination of tenant committing criminal act of physical violence.

Section 90.449 - Landlord discrimination against victim; exception; tenant defenses and remedies.

Section 90.453 - Termination by tenant who is victim of domestic violence, sexual assault or stalking; verification statement.

Section 90.459 - Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking.

Section 90.460 - Alternate exit from bedroom required; tenant right to recover for landlord noncompliance.

Section 90.462 - Electric vehicle charging stations.

Section 90.465 - Right of city to recover from owner for costs of relocating tenant due to condemnation; defense.

Section 90.472 - Termination by tenant called into active state service by Governor.

Section 90.475 - Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration.

Section 90.485 - Restrictions on landlord removal of vehicle; exceptions.

Section 90.490 - Prohibited acts in anticipation of notice of conversion to condominium; damages.

Section 90.493 - Prohibited acts following notice of conversion to condominium; damages.

Section 90.505 - Definitions for ORS 90.505 to 90.850; application of statutes.

Section 90.510 - Statement of policy; rental agreement; rules and regulations; remedies.

Section 90.512 - Definitions for ORS 90.514 and 90.518.

Section 90.514 - Disclosure to prospective tenant of improvements required under rental agreement.

Section 90.518 - Provider statement of estimated cost of improvements.

Section 90.525 - Unreasonable conditions of rental or occupancy prohibited; notice of rights.

Section 90.527 - Renter’s liability insurance in park.

Section 90.528 - Use of common areas or facilities.

Section 90.530 - Pets in facilities; rental agreements; violations.

Section 90.545 - Fixed term tenancy expiration; renewal or extension; new rental agreements; tenant refusal of new rental agreement; written storage agreement upon termination of tenancy.

Section 90.555 - Subleasing agreements.

Section 90.560 - Definitions for ORS 90.560 to 90.584.

Section 90.562 - Utility and service charges; limits.

Section 90.564 - Charge for cable, satellite or Internet.

Section 90.566 - Conversion to direct billing for garbage service.

Section 90.568 - Pro rata billing; apportionment methods.

Section 90.572 - Submeter billing.

Section 90.574 - Conversion to submeter or pro rata billing for water.

Section 90.576 - Legislative findings.

Section 90.578 - Conversion to submeter or direct billing for large parks.

Section 90.580 - Entry to read submeter; requirement for water submeter.

Section 90.582 - Publication of submeter or pro rata bills; tenant

Section 90.584 - Park specific billing for water; voting.

Section 90.600 - Increases in rent; limitations; notice; meeting with tenants; effect of failure to meet.

Section 90.610 - Notice of proposed change in rule or regulation; tenant objection to change.

Section 90.620 - Termination by tenant; notice to landlord.

Section 90.630 - Termination by landlord; causes; notice; cure; repeated nonpayment of rent.

Section 90.632 - Termination of tenancy due to physical condition of manufactured dwelling or floating home; correction of condition by tenant.

Section 90.634 - Prohibition against lien for rent; action for possession; disposition of dwelling or home; disposition of goods.

Section 90.640 - Park damaged by natural disaster.

Section 90.643 - Conversion of park to planned community subdivision of manufactured dwellings.

Section 90.645 - Closure of park; notices; payments to tenants; rules.

Section 90.650 - Notice of tax provisions to tenants of closing park; rules.

Section 90.655 - Park closure notice to nontenants; report of tenant reactions.

Section 90.671 - Closure of marina; notices; payments to tenants; rules.

Section 90.675 - Disposition of manufactured dwelling or floating home left in facility; notice; sale; limitation on landlord liability; tax cancellation; storage agreements; hazardous property.

Section 90.680 - Sale of dwelling or home on rented space; consignment sales; duties and rights of seller, prospective purchaser and landlord.

Section 90.710 - Causes of action; limit on cause of action of tenant.

Section 90.725 - Landlord or agent access to rented space; remedies.

Section 90.727 - Maintenance of trees in rented spaces.

Section 90.729 - Temporary movement of floating home; notice; costs paid by landlord.

Section 90.730 - Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition.

Section 90.732 - Landlord registration; registration fee.

Section 90.734 - Manager or owner continuing education requirements.

Section 90.736 - Civil penalties.

Section 90.738 - Enforcement of registration and education requirements; advisory committee; rules.

Section 90.740 - Tenant obligations.

Section 90.750 - Right to assemble or canvass in facility; limitations.

Section 90.755 - Right to speak on political issues; limitations; placement of political signs.

Section 90.765 - Prohibitions on retaliatory conduct by landlord.

Section 90.767 - Mandatory mediation.

Section 90.771 - Confidentiality of information regarding disputes.

Section 90.800 - Policy.

Section 90.840 - Park purchase funds, loans.

Section 90.842 - Notice of sale of facility; contents; formation of tenants committee for purchasing facility.

Section 90.844 - Procedures for purchase of facility by tenants; financial information; deadlines.

Section 90.846 - Notices and processes in facility transfer; remedies.

Section 90.848 - Exceptions to facility transfer requirements.

Section 90.849 - Notice of conveyance.

Section 90.850 - Owner affidavit certifying compliance with requirements for sale of facility; reliance of parties on affidavit.

Section 90.860 - Definitions for ORS 90.865 to 90.875.

Section 90.865 - Dealer notice of rent payments and financing.

Section 90.870 - Manner of giving notice; persons entitled to notice.

Section 90.875 - Remedy for failure to give notice.