Entry to read submeter
- requirement for water submeter
(1)A landlord using submeter billing may install submeters to measure consumption of a utility or service.
(2)After giving notice under ORS 90.725 (Landlord or agent access to rented space), a landlord may enter a tenant’s space to install or maintain a utility or service line or a submeter that measures the amount of a provided utility or service. The installation of a submeter may be at the connection to the space or anywhere within the space, including under the dwelling or home, if the location does not interfere with the tenant’s access to the dwelling or home. The landlord shall ensure that the submeter and the water line to which it is attached are adequately insulated or located to prevent the submeter or water line from damage from freezing or weather.
(3)In addition to any other right of entry granted under ORS 90.725 (Landlord or agent access to rented space), a landlord or the landlord’s agent may enter a tenant’s space without consent of the tenant and without notice to the tenant for the purpose of reading a submeter. An entry made under authority of this section is subject to the following restrictions:
(a)The landlord or landlord’s agent may not remain on the space for a purpose other than reading the submeter.
(b)The landlord or a landlord’s agent may not enter the space more than once per month.
(c)The landlord or landlord’s agent may enter the space only at reasonable times between 8 a.m. and 6 p.m.
(4)Except as provided in ORS 90.574 (Conversion to submeter or pro rata billing for water) (4)(a), a landlord is not required to inspect or to test submeters for accuracy.
(5)A landlord shall use submeter billing for the provision of water for:
(a)A manufactured dwelling park constructed after June 23, 2011.
(b)Any spaces added in excess of 200 in an expansion of a manufactured dwelling park after June 23, 2011. [Formerly 90.539]
(2)A landlord shall, upon written request by the tenant, make available for inspection by the tenant all utility billing records relating to a utility or service charge billed to the tenant by the landlord during the preceding year. The landlord shall make the records available to the tenant during normal business hours at an on-site manager’s office or at a location agreed to by the landlord and tenant. A tenant may not abuse the right to inspect utility or service charge records or use the right to harass the landlord.
(3)If a landlord fails to comply with a provision of ORS 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water), the tenant may recover from the landlord the greater of:
(a)One month’s rent; or
(b)Twice the tenant’s actual damages, including any amount wrongfully charged to the tenant. [Formerly 90.538]
Section 90.580 — Entry to read submeter; requirement for water submeter,