Landlord or agent access to rented space
(1)As used in this section:
(a)“Emergency” includes but is not limited to:
(A)A repair problem that, unless remedied immediately, is likely to cause serious physical harm or damage to individuals or property.
(B)The presence of a hazard tree on a rented space in a manufactured dwelling park.
(b)“Unreasonable time” refers to a time of day, day of the week or particular time that conflicts with the tenant’s reasonable and specific plans to use the space.
(c)“Yard maintenance, equipment servicing or grounds keeping” includes, but is not limited to, servicing individual septic tank systems or water pumps, weeding, mowing grass and pruning trees and shrubs.
(2)A landlord or a landlord’s agent may enter onto a rented space, not including the tenant’s manufactured dwelling or floating home or an accessory building or structure, to:
(a)Inspect the space;
(b)Make necessary or agreed repairs, decorations, alterations or improvements;
(c)Inspect or maintain trees;
(d)Supply necessary or agreed services;
(e)Perform agreed yard maintenance, equipment servicing or grounds keeping;
(f)Exhibit the space to prospective or actual purchasers of the facility, mortgagees, tenants, workers or contractors; or
(g)Install or maintain a utility or service line or submeter under ORS 90.560 (Definitions for ORS 90.560 to 90.584) to 90.584 (Park specific billing for water).
(3)The right of access of the landlord or landlord’s agent is limited as follows:
(a)A landlord or landlord’s agent may enter upon the rented space without consent of the tenant and without notice to the tenant for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.
(b)In case of an emergency, a landlord or landlord’s agent may enter the rented space without consent of the tenant, without notice to the tenant and at any time. If a landlord or landlord’s agent makes an emergency entry in the tenant’s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.
(c)If the tenant requests repairs or maintenance in writing, the landlord or landlord’s agent, without further notice, may enter upon demand, in the tenant’s absence or without consent of the tenant, for the purpose of making the requested repairs until the repairs are completed. The tenant’s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant’s written request expires after seven days, unless the repairs are in progress and the landlord or landlord’s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.
(d)If a written agreement requires the landlord to perform yard maintenance, equipment servicing or grounds keeping for the space:
(A)A landlord and tenant may agree that the landlord or landlord’s agent may enter for that purpose upon the space, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.
(B)A tenant may deny consent for a landlord or landlord’s agent to enter upon the space pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord’s agent prior to, or at the time of, the attempted entry.
(e)In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours’ actual notice of the intent of the landlord to enter and the landlord or landlord’s agent may enter only at reasonable times. The landlord or landlord’s agent may not enter if the tenant, after receiving the landlord’s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord’s agent prior to, or at the time of, the attempt by the landlord or landlord’s agent to enter.
(f)Notwithstanding paragraph (e) of this subsection, a landlord or the landlord’s agent may enter a rented space solely to inspect a tree despite a denial of consent by the tenant if the landlord or the landlord’s agent has given at least 24 hours’ actual notice of the intent to enter to inspect the tree and the entry occurs at a reasonable time.
(4)A landlord shall not abuse the right of access or use it to harass the tenant. A tenant shall not unreasonably withhold consent from the landlord to enter.
(5)A landlord has no other right of access except:
(a)Pursuant to court order;
(b)As permitted by ORS 90.410 (Effect of tenant failure to give notice of absence) (2);
(c)As permitted under ORS 90.580 (Entry to read submeter); or
(d)When the tenant has abandoned or relinquished the premises.
(6)If a landlord is required by a governmental agency to enter a rented space, but the landlord fails to gain entry after a good faith effort in compliance with this section, the landlord shall not be found in violation of any state statute or local ordinance due to the failure.
(7)If a landlord has a report from an arborist licensed as a landscape construction professional pursuant to ORS 671.560 (Issuance of license) and certified by the International Society of Arboriculture that a tree on the rented space is a hazard tree that must be maintained by the landlord as described in ORS 90.727 (Maintenance of trees in rented spaces), the landlord is not liable for any damage or injury as a result of the hazard tree if the landlord is unable to gain entry after a good faith effort in compliance with this section.
(8)If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or may terminate the rental agreement pursuant to ORS 90.630 (Termination by landlord) (1) and take possession in the manner provided in ORS 105.105 (Entry to be lawful and peaceable only) to 105.168 (Minor as party in proceedings pertaining to residential dwellings). In addition, the landlord may recover actual damages.
(9)If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or may terminate the rental agreement pursuant to ORS 90.620 (Termination by tenant) (1). In addition, the tenant may recover actual damages not less than an amount equal to one month’s rent. [1999 c.676 §2; 2005 c.619 §23; 2013 c.443 §6; 2019 c.625 §66]
Section 90.725 — Landlord or agent access to rented space; remedies,
Notes of Decisions
Recovery of actual damages is available whether or not tenant seeks injunctive relief or termination of rental agreement. LeBrun v. Cal-Am Properties, Inc., 197 Or App 177, 106 P3d 647 (2005), Sup Ct review denied