What action can I take against my landlord for cutting off my water when that is a city service?
Full Question:
Answer:
A tenant may terminate a tenancy if a landlord fails to provide
essential utilities like water. However, the tenant must not be at fault
for the failure of water to be provided, such as when the tenant is
responsible for paying for the service and the amount owed is past due.
If the tenant is responsible to pay for water and fails to do so, the
landlord may terminate the tenancy with 30 days' written notice. The
tenant may avoid termination of the tenancy by correcting the violation
within the 30-day period specified in subsection (1) of this section.
However, if substantially the same act or omission that constituted a
prior violation of which notice was given recurs within six months after
the date of the notice, the landlord may terminate the tenancy upon at
least 20 days' written notice specifying the violation and the date of
termination of the tenancy.
Nonpayment of a utility or service charge is not grounds for termination
of a rental agreement for nonpayment of rent under ORS 90.394, but is
grounds for termination of a rental agreement for cause under ORS
90.630.
The following are OR statutes:
90.532
(1) Subject to the policies of the utility or serviceprovider, a
landlord may provide for utilities or services to tenants by one or more
of
the following billing methods:
(a) A relationship between the tenant and the utility or serviceprovider
in which:
(A) The provider provides the utility or service directly to thetenant's
space, including any utility or service line, and bills the tenant
directly;
and
(B) The landlord does not act as a provider.
(b) A relationship between the landlord, tenant and utility or serviceprovider in which:
(A) The provider provides the utility or service to the landlord;
(B) The landlord provides the utility or service directly to thetenant'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 thetenant's rent or bills the tenant for a utility or service charge
separately from the rent in an amount determined by apportioning the
provider's charge to the landlord as measured by a master meter.
(c) A relationship between the landlord, tenant and utility or serviceprovider in which:
(A) The provider provides the utility or service to the landlord;
(B) The landlord provides the utility or service directly to thetenant's
space; and
(C) The landlord uses a submeter to measure the utility or serviceactually provided to the space and bills the tenant for a utility or
service charge for the amount provided.
(2) To assess a tenant for a utility or service charge for any billingperiod, the landlord shall give the tenant a written notice stating the
amount of the utility or service charge that the tenant is to pay the
landlord, and the due date for making the payment. The due date may
not be less than 14 days from the date of service of the notice.
(3) A utility or service charge is not rent or a fee. Nonpayment of autility or service charge is not grounds for termination of a rental
agreement for nonpayment of rent under ORS 90.40090.394
, but is groundsfor termination of a rental agreement for cause under ORS 90.630
(4) The landlord is responsible for maintaining the utility or servicesystem, including any submeter, consistent with ORS 90.730
. After anyinstallation or maintenance of the system on a tenant's space, the
landlord shall restore the space to a condition that is the same as or
better than the condition of the space before the installation or
maintenance.
(5) A landlord may not assess a utility or service charge for waterunless the water is provided to the landlord by a:
(a) Public utility as defined in ORS 757.005
(b) Municipal utility operating under ORS chapter 225
(c) People's utility district organized under ORS chapter 261
(d) Cooperative organized under ORS chapter 62
(e) Domestic water supply district organized under ORS chapter 264
or
(f) Water improvement district organized under ORS chapter 552
(6) A landlord who provides utilities or services only to tenants ofthe
landlord in compliance with this section and ORS 90.534
and 90.536
is not apublic utility for purposes of ORS chapter 757
.
NOTE: Strikes errant comma in (2); replaces reference to repealed
statute
in (3) with comparable active statute.
90.630
(1) Except as provided in subsection (4) of thissection, the
landlord may terminate a rental agreement that is a month-to-month or
fixed term tenancy for space for a manufactured dwelling or floating
home
by giving to the tenant not less than 30 days' notice in writing before
the date designated in the notice for termination if the tenant:
(a) Violates a law or ordinance related to the tenant's conduct as atenant, including but not limited to a material noncompliance with ORS
90.740
(b) Violates a rule or rental agreement provision related to thetenant's
conduct as a tenant and imposed as a condition of occupancy, including
but
not limited to a material noncompliance with a rental agreement
regarding a
program of recovery in drug and alcohol free housing; or
(c) Is determined to be a predatory sex offender under ORS 181.585
to181.587
or
(c)(d) Fails to pay a:
(A) Late charge pursuant to ORS 90.260
(B) Fee pursuant to ORS 90.302
or
(C) Utility or service charge pursuant to ORS 90.534or 90.536
(2) A violation making a tenant subject to termination undersubsection
(1) of this section includes a tenant's failure to maintain the space as
required by law, ordinance, rental agreement or rule, but does not
include the physical condition of the dwelling or home. Termination of a
rental agreement based upon the physical condition of a dwelling or home
shall only be as provided in ORS 90.632
.
(3) The notice required by subsection (1) of this section shall statefacts sufficient to notify the tenant of the reasons for termination of
the
tenancy and state that the tenant may avoid termination by correcting
the
violation as provided in subsection (4) of this section.
(4) The tenant may avoid termination of the tenancy by correcting theviolation within the 30-day period specified in subsection (1) of this
section. However, if substantially the same act or omission that
constituted a prior violation of which notice was given recurs within
six
months after the date of the notice, the landlord may terminate the
tenancy upon at least 20 days' written notice specifying the violation
and the date of termination of the tenancy.
(5) Notwithstanding subsection (3) or (4) of this section, a tenantwho
is given a notice of termination under subsection (1)(c) of this section
does not have a right to correct the violation. A notice given to a
tenant under subsection (1)(c) of this section must state that the
tenant
does not have a right to avoid the termination.
(5) The landlord of a facility may terminate a rental agreement thatis
a month-to-month or fixed term tenancy for a facility space if the
facility or a portion of it that includes the space is to be closed and
the land or leasehold converted to a different use, which is not
required
by the exercise of eminent domain or by order of state or local
agencies, by:
(a) Not less than 365 days' notice in writing before the datedesignated in the notice for termination; or
(b) Not less than 180 days' notice in writing before the datedesignated in the notice for termination, if the landlord finds space
acceptable to the tenant to which the tenant can move the manufactured
dwelling or floating home and the landlord pays the cost of moving and
set-up expenses or $3,500, whichever is less.
(6) The landlord may:
(a) Provide greater financial incentive to encourage the tenant toaccept an earlier termination date than that provided in subsection (5)
of
this section; or
(b) Contract with the tenant for a mutually acceptable arrangement toassist the tenant's move.
(7) The Housing and Community Services Department shall adopt rules toimplement the provisions of subsection (5) of this section.
(8)
(a) A landlord may not increase the rent for the purpose ofoffsetting the payments required under this section.
(b) There shall be no increase in the rent after a notice oftermination is given pursuant to this section.
(9)(6) This section does not limit a landlord's right to terminate a
tenancy for nonpayment of rent under ORS 90.394
or for other cause under
ORS 90.380
(5)(b), 90.396
90.398
or 90.632
by complying with ORS 105.105
to 105.168
(10)(7) A tenancy terminates on the date designated in the notice and
without regard to the expiration of the period for which, by the terms
of
the rental agreement, rents are to be paid. Unless otherwise agreed,
rent
is uniformly apportionable from day to day.
(11) Nothing in subsection (5) of this section shall prevent alandlord
from relocating a floating home to another comparable space in the same
facility or another facility owned by the same owner in the same city if
the landlord desires or is required to make repairs, to remodel or to
modify the tenant's original space.
(12)
(a)(8) Notwithstanding any other provision of this section or ORS90.392
90.394
90.396
or 90.398
, the landlord may terminate the rentalagreement for space for a manufactured dwelling or floating home because
of repeated late payment of rent by giving the tenant not less than 30
days' notice in writing before the date designated in that notice for
termination and may take possession as provided in ORS 105.105
to 105.168
if:
(A)(a) The tenant has not paid the monthly rent prior to the eighthday
of the rental period as described in ORS 90.394
(2)
(a) or the fifth dayof the rental period as described in ORS 90.394
(2)
(b) in at least threeof the preceding 12 months and the landlord has given the tenant a
notice
for nonpayment of rent termination notice pursuant to ORS 90.394
(2)during each of those three instances of nonpayment;
(B)(b) The landlord warns the tenant of the risk of a 30-day noticefor
termination with no right to correct the cause, upon the occurrence of a
third notice for nonpayment of rent termination notice within a 12-month
period. The warning must be contained in at least two notices for
nonpayment of rent termination notices that precede the third notice
within a 12-month period or in separate written notices that are given
concurrent with, or a reasonable time after, each of the two notices for
nonpayment of rent termination notices; and
(C)(c) The 30-day notice of termination states facts sufficient tonotify the tenant of the cause for termination of the tenancy and is
given to the tenant concurrent with or after the third or a subsequent
notice for nonpayment of rent termination notice.
(b)(9) Notwithstanding subsection (2)(4) of this section, a tenant whoreceives a 30-day notice of termination pursuant to this subsection (8)
of this section does not have a right to correct the cause for the
notice.
(c)(10) The landlord may give a copy of the notice required byparagraph (a) of this subsection (8) of this section to any lienholder
of
the manufactured dwelling or floating home by first class mail with
certificate of mailing or by any other method allowed by ORS 90.150
(2)and (3). A landlord is not liable to a tenant for any damages incurred
by
the tenant as a result of the landlord giving a copy of the notice in
good faith to a lienholder. A lienholder's rights and obligations
regarding an abandoned manufactured dwelling or floating home shall be
as
provided under ORS 90.675