Cecily Zamora
In the state of Oregon, landlords are required to disclose in writing to tenants, before the commencement of the tenancy, any utility or service that the tenant pays directly to a utility or service provider that benefits the landlord or other tenants. 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 charge within 30 days of receiving the provider's bill. A landlord cannot charge a tenant more for their unit's utilities than they are paying the utility company. Nonpayment of a utility or service charge is not grounds for termination of a rental agreement for nonpayment of rent, but it is grounds for termination of a rental agreement for cause.
| Characteristics | Values |
|---|---|
| Landlord's responsibility | To 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. |
| Tenant's benefits | If the landlord knowingly fails to disclose, the tenant may recover twice the actual damages sustained or one month’s rent, whichever is greater. |
| Non-payment of utility or service charge | Not grounds for termination of a rental agreement for non-payment of rent under ORS 90.394 but is grounds for termination of a rental agreement for cause under ORS 90.392. |
| Tenant's rights | If the rental agreement does not outline how the amount charged to the tenant for utilities was figured out, the tenant can get a copy of the bill from the landlord before paying. |
| Landlord's rights | Landlords can evict for a utility disconnection. |
| Rental agreement | 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. |
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What You'll Learn
- Landlords can't disconnect utilities for non-payment
- Non-payment of utilities is not grounds for termination of a rental agreement
- Landlords must disclose any utility or service that tenants pay for directly
- Landlords must provide an explanation of how utility charges are assessed
- Tenants can obtain a copy of the utility bill from the landlord
Landlords can't disconnect utilities for non-payment
In Oregon, landlords are not allowed to disconnect utilities for non-payment. They also cannot threaten to shut off utilities, or take any out-of-court action to force a tenant to move or limit their access to utilities.
If a tenant is unable to pay their utility bills, they will receive a notice from the utility provider, who may also charge late fees or interest on unpaid balances. The utility provider may ultimately disconnect the service if the balance is not paid. However, disconnections for energy utilities are not allowed in cases of severe weather, including times of wildfire evacuation notices.
If a tenant is unable to obtain utility services before moving into a new residence due to non-payment of an outstanding amount by a previous tenant or the owner, they have several options. They can pay the outstanding amount and deduct it from the rent, enter into a mutual agreement with the landlord to resolve the issue, or immediately terminate the rental agreement. If the tenant is already living in the residence and is unable to obtain utility services due to non-payment of an outstanding amount by a previous tenant or the owner, they can pay the outstanding amount and deduct it from the rent, or they can terminate the rental agreement by giving the landlord 72 hours' notice.
If a landlord fails to comply with certain requirements, such as providing a written rental agreement or properly billing the tenant for utility charges, the tenant may be able to recover an amount equal to one month's rent or twice the amount wrongfully charged.
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Non-payment of utilities is not grounds for termination of a rental agreement
In Oregon, non-payment of utilities is not grounds for termination of a rental agreement for non-payment of rent. However, it is considered a cause for termination of a rental agreement under ORS 90.392.
Oregon law requires landlords to disclose in writing, at the beginning of the tenancy, any utility or service that the tenant pays directly to a utility or service provider, which benefits the landlord or other tenants. This means that if a tenant's utility or service payment is delivered to any area other than their dwelling unit, the landlord must inform the tenant in writing at the start of their tenancy. If the landlord fails to do so, the tenant may recover twice the actual damages sustained or one month's rent, whichever amount is greater.
Landlords in Oregon are allowed to require tenants to pay a utility or service charge that has been billed by a utility or service provider for a utility or service provided directly to the tenant's dwelling unit or a common area available to them. This charge must be described separately and distinctly from the rent in the written rental agreement and subsequent bills.
If a tenant is responsible for a utility or service under the rental agreement and is unable to obtain the service due to non-payment of an outstanding amount by a previous tenant or the owner, they have a few options. They can pay the outstanding amount and deduct it from the rent, enter into a mutual agreement with the landlord to resolve the issue, or immediately terminate the rental agreement by providing notice to the landlord.
While non-payment of utilities is not a direct cause for termination of a rental agreement in Oregon, landlords can still evict tenants for prolonged non-payment. Additionally, disconnections of essential utilities like energy and water can lead to for-cause or no-cause evictions, depending on the lease status, as they violate the requirement to use the premises reasonably and may cause damage to the property.
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Landlords must disclose any utility or service that tenants pay for directly
In Oregon, landlords are required to disclose any utility or service that tenants pay for directly. This disclosure must be made in writing at the beginning of the tenancy or before. This rule applies if the utility or service benefits the landlord or other tenants directly and is delivered to any area outside of the tenant's dwelling unit.
If a landlord fails to disclose this information, tenants may be able to recover twice the actual damages sustained or one month's rent, whichever amount is greater. This is because the tenant may be able to argue that the landlord has breached their duty to disclose a shared utility setup, which is a specific requirement under Oregon law.
In addition to this, Oregon law states that a landlord may require a tenant to pay a utility or service charge that has been billed by a utility or service provider to the landlord. This is provided that the utility or service is delivered directly to the tenant's dwelling unit or to a common area that the tenant can access as part of their tenancy.
The rental agreement should outline the utility or service charges that the tenant is responsible for. If the tenant is being charged for a common area, this must be described separately and distinctly from the charges for their dwelling unit. The landlord must also provide an explanation of how the utility or service charge is assessed and how it is allocated among tenants if the bill covers multiple tenants.
Furthermore, tenants have the right to pay fair prices for their utilities and to know how much they are paying. They are also entitled to receive detailed utility bills if they are directly responsible for the payments. Landlords must provide access to basic utilities and ensure that tenants have uninterrupted access to these utilities.
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Landlords must provide an explanation of how utility charges are assessed
In the state of Oregon, landlords are required to provide tenants with a clear and detailed explanation of how utility charges are assessed. This explanation should be included in the written rental agreement or provided to the tenant along with the bill. Here are some key points regarding this requirement:
Explanation of Utility Charges
The landlord must explain the manner in which the utility or service provider assesses the charge. This includes providing information on how the cost of the utility is calculated and billed to the landlord. This calculation should be based on the actual expenses incurred by the landlord for the utility services.
Allocation of Charges Among Tenants
When the bill from the utility provider covers multiple tenants, the landlord must explain how the charge is allocated among them. This is especially relevant in cases of shared amenities or common areas, where tenants may be charged for utilities used outside of their individual dwelling units.
Timely Billing and Payment
Landlords in Oregon are required to bill tenants for utility charges within a specified time frame after receiving the provider's bill. This time frame is generally within 30 days, as stated in ORS 90.315. Additionally, tenants must be given a reasonable amount of time to make payments, typically set at a minimum of 14 days from the date of receiving the notice.
Disclosure of Direct Payments
Landlords must disclose to tenants, in writing, before or at the commencement of the tenancy, any utility or service that the tenant pays directly to a utility or service provider but benefits the landlord or other tenants. This disclosure ensures that tenants are aware of any indirect payments they make towards utilities.
Consequences of Non-Compliance
If a landlord fails to comply with the requirements mentioned above, tenants have the right to take legal action. In some cases, tenants may be entitled to recover twice the actual damages sustained or one month's rent, whichever amount is greater.
Amendments to Rental Agreements
It is important to note that landlords in Oregon must provide 60 days' written notice before amending a month-to-month rental agreement to include new utility charges. Tenants cannot be held liable for public service charges billed to previous tenants, and they cannot be evicted for refusing to agree to such amendments.
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Tenants can obtain a copy of the utility bill from the landlord
In the state of Oregon, tenants have the right to request a copy of the utility bill from their landlord. This is to ensure that tenants are not being overcharged for their utility usage.
According to Oregon Law, if the rental agreement does not outline how the utility charge for the tenant was calculated, the tenant can request a copy of the bill from the landlord before paying the charge. This is to ensure that the landlord is not charging the tenant more for their unit's utilities than they are paying to the utility company. The landlord is also required to disclose to the tenant, in writing, at the beginning of the tenancy, any utility or service that the tenant will be paying for directly. This includes any utilities or services that benefit the landlord or other tenants, such as those delivered to areas outside of the tenant's dwelling unit.
If the landlord includes a statement of the rent due in the bill to the tenant, they must separately and distinctly state the amount of the rent and the amount of the utility or service charge. The landlord must also provide an explanation of how the utility or service charge is assessed and how the charge is allocated among tenants if the provider's bill covers multiple tenants. If the provider's bill is not included, the landlord must state that the tenant may inspect the bill at a reasonable time and place and that they may obtain a copy of the bill by making a request during the inspection and paying a reasonable cost for copies.
It is important to note that a utility or service charge is not considered rent or a fee. Non-payment of a utility or service charge is not grounds for termination of a rental agreement for non-payment of rent, but it can be grounds for termination of the agreement for other reasons.
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Frequently asked questions
Yes, a landlord can add utilities to your rent in Oregon, but only if the utilities are provided directly to your space or to a common area that you can access as part of your tenancy. The landlord must disclose this in writing before the tenancy begins and must state the utility charge separately from the rent in any bill to the tenant.
Non-payment of utility charges is not grounds for termination of a rental agreement for non-payment of rent. However, it is grounds for a for-cause eviction. Landlords cannot disconnect your utilities for non-payment, but they can evict you for a utility disconnection.
No, your landlord cannot charge you more for utilities than they are paying. They are also not allowed to add any extra costs, such as handling or administrative charges.
If you are unable to obtain utility services before moving in due to non-payment of an outstanding amount by a previous tenant or the owner, you can either pay the outstanding amount and deduct it from the rent, or enter into a mutual agreement with the landlord to resolve the issue.
