Utility Fees
by: Legal Aid Services of Oregon
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TIME LIMIT WARNING: Under state and federal laws there are time limits for taking action to enforce your rights. Most lawsuits related to the rental agreement and the Oregon Residential Landlord and Tenant Act must be filed (started in court) within one year of the incident. There may be other - shorter - time limits that apply in other cases. Ask a lawyer about the time limits that could apply in your situation. |
CONTENTS
Can a landlord charge me utility or service fees?
What can I do about utility bills that I don't owe?
Can a landlord charge me utility or service fees?
If a landlord is being billed directly for utility services to your rental unit or to a common area, the landlord can charge you for these services, if the written rental agreement allows for this. Examples of utilities or services are: electricity, natural or liquid propane gas, water, heat, air conditioning, cable television, sewer service, and garbage collection. For video subscription services, such as cable TV or internet access, a landlord can charge up to 10% over the landlord's cost for these services, as long as the total cost is not more than the tenant would have to pay if the tenant got the service directly. (This rule applies to tenants who entered into rental agreements after October 23, 1999.) If the rental agreement doesn't say how the amount charged to the tenant was figured out, the tenant can get a copy of the bill from the landlord before paying the charge.
A tenant who fails to pay a utility or service charge cannot be evicted on a nonpayment of rent notice. A tenant who receives a 72-hour or 144-hour notice for nonpayment of rent can keep from being evicted by paying only the rent and not the utility charge during the notice period. (A landlord cannot deduct the utility fee from this rent payment and claim that rent is owing.) Tenants who haven't paid the utility charge can be evicted on a 30-day notice, even if all rent has been paid. (See the section on For-Cause notice.) ORS 90.315
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What can I do about utility bills that I don't owe?
Before you move in, if you can't get utility service because a former tenant or the owner was supposed to pay the utility bill, but didn't pay, you can: 1) pay the bill and deduct it from your rent, 2) reach an agreement with the landlord as to how the bill will be paid and get the agreement in writing, or 3) immediately end the tenancy by telling the landlord what happened and explaining that you will not keep the unit; the landlord has 4 days to return prepaid rent and your refundable security deposit. If the rental agreement is terminated and the landlord fails to return money owed to you, you are entitled to twice the amount wrongfully withheld. (See Time Limit Warning at the beginning of this booklet section.)
YOU SHOULD NOT WITHHOLD RENT UNLESS ADVISED TO DO SO BY A LAW OFFICE! (See the Resource Section at the end of this booklet.)
After you move in, if you can't get service because a former tenant or the owner was supposed to pay the utility bill, but didn't pay, or if your utilities are shut off because the landlord was supposed to pay the utility bill and didn't pay, you can: 1) pay the bill and deduct it from your rent, or 2) give the landlord a 72-hour written or verbal notice and, if utility service is not turned back on within the 72 hours, you can move. If the utility service is not restored and you move, the landlord is required to return prepaid rent and refundable security deposits within 4 days. If the rental agreement is terminated, you can also sue the landlord for compensation for the actual damage that you suffered as a result of not having utilities and if the landlord fails to return money owed to you, you are entitled to twice the amount wrongfully withheld. (See Time Limit Warning at the beginning of this booklet section.) You can also go to court to ask for an order to require the landlord to turn the utilities back on if the landlord had agreed to pay the bill and did not pay. (See the question utilities being shut off in this section.)
YOU SHOULD NOT WITHHOLD RENT UNLESS ADVISED TO DO SO BY A LAW OFFICE! (See the Resource Section located at the end of this booklet.)
ORS 90.315
If your landlord has caused or attempted to deny you an "essential service," which can include services such as heat and water, you may have additional or different rights. (See the question on "essential service" in this section for details.)
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