Oregon Statutes 90.580 – 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.
Terms Used In Oregon Statutes 90.580
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
- Manufactured dwelling park: means a place where four or more manufactured dwellings are located, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. See Oregon Statutes 90.100
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
(2) After giving notice under ORS § 90.725, 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, 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 (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]
90.582 Publication of submeter or pro rata bills; tenant
(1) If a landlord bills tenants for water using pro rata billing or submeter billing, the landlord shall post the facility water bills in an area accessible to tenants, including on an Internet location.
(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 to 90.584, 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]