Residential Landlord and Tenant

ORS 90.560
Definitions for ORS 90.560 to 90.584


As used in ORS 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water):

(1)

“Direct billing” means a relationship between the tenant and the utility or service provider in which:

(a)

The provider provides the utility or service directly to the tenant’s space, including any utility or service line, and bills the tenant directly; and

(b)

The landlord does not act as a provider.

(2)

“Park specific billing” means a relationship between the manufactured dwelling park landlord, tenant and utility or service provider in which:

(a)

The provider provides the utility or service to the landlord;

(b)

The landlord provides the utility or service directly to the tenant’s space; and

(c)

The landlord uses a billing method to fairly apportion the utility or service as approved by a majority of the manufactured dwelling park tenants.

(3)

“Pro rata billing” means a relationship between the landlord, tenant and utility or service provider in which:

(a)

The provider provides the utility or service to the landlord;

(b)

The landlord provides the utility or service directly to the tenant’s space or to a common area available to the tenant as part of the tenancy; and

(c)

The landlord bills the tenant for a utility or service charge separately from the rent in an amount determined by apportioning on a pro rata basis the provider’s charge to the landlord as measured by a master meter.

(4)

“Public service charge” has the meaning given the term in ORS 90.315 (Utility or service payments).

(5)

“Rent-included billing” means a relationship between the landlord, tenant and utility or service provider in which:

(a)

The provider provides the utility or service to the landlord;

(b)

The landlord provides the utility or service directly to the tenant’s space or to a common area available to the tenant as part of the tenancy; and

(c)

The landlord includes the cost of the utility or service in the tenant’s rent.

(6)

“Submeter” means a device owned or under the control of a landlord and used to measure a utility or service actually provided to a tenant at the tenant’s space.

(7)

“Submeter billing” means a relationship between the landlord, tenant and utility or service provider in which:

(a)

The provider provides the utility or service to the landlord;

(b)

The landlord provides the utility or service directly to the tenant’s space; and

(c)

The landlord uses a submeter to measure the utility or service actually provided to the space and bills the tenant for a utility or service charge for the amount provided.

(8)

“Utility or service” has the meaning given that term in ORS 90.315 (Utility or service payments). [Formerly 90.531]
Chapter 90

Notes of Decisions

The prevailing party in an action brought under this Act is entitled to attorney fees. Executive Management v. Juckett, 274 Or 515, 547 P2d 603 (1976)

Damages for mental distress are not recoverable under this Act. Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), as modified by 35 Or App 829, 578 P2d 467 (1978)

Where tenant terminates residential tenancy but then holds over wrongfully, landlord need not give any notice to tenant as prerequisite to maintaining action for possession. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

Landlord may waive statutory right to 30 days' written notice from tenant. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

This act does not provide for recovery of punitive damages. Brewer v. Erwin, 287 Or 435, 600 P2d 398 (1979)

As this act is not penal, it is not subject to attack for vagueness. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Distinction in this act between residential and nonresidential tenancies is not irrational, arbitrary or unreasonable under United States or Oregon Constitution. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Residential Landlord and Tenant Act does not supersede common law in all aspects of personal injury liability. Bellikka v. Green, 306 Or 630, 762 P2d 997 (1988)

Where jury returned general verdict for defendant and court refused to award defendant attorney fees, defendant has right, absent "unusual circumstances," to receive attorney fees for damages for prevailing on personal injury claim. Steininger v. Tosch, 96 Or App 493, 773 P2d 15 (1989), Sup Ct review denied

Where tenants counterclaim for injunctive relief and damages after landlord sent 30-day, no-cause eviction notice, before awarding attorney fees, district court must determine whether landlord or tenants have right to possession of house and whether tenants' right to assert counterclaim is provided by statute. Edwards v. Fenn, 308 Or 129, 775 P2d 1375 (1989)

Atty. Gen. Opinions

Private process server in a forcible entry and detainer action, (1975) Vol 37, p 869; applicability to university housing and properties, (1976) Vol 37, p 1297

Law Review Citations

56 OLR 655 (1977); 16 WLR 275 (1979); 16 WLR 835 (1980)


Source

Last accessed
Jun. 26, 2021