Oregon Statutes 90.265 – Interest in alternative energy device installed by tenant
(1) An alternative energy device installed in a dwelling unit by a tenant with the landlord‘s written permission is not a fixture in which the landlord has a legal interest, except as otherwise expressly provided in a written agreement between the landlord and tenant.
Terms Used In Oregon Statutes 90.265
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. 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
- Lien: A claim against real or personal property in satisfaction of a debt.
(2) As a condition to a grant of written permission referred to in subsection (1) of this section, a landlord may require a tenant to do one or more of the following:
(a) Provide a waiver of the landlord’s liability for any injury to the tenant or other installer resulting from the tenant’s or installer’s negligence in the installation of the alternative energy device;
(b) Secure a waiver of the right to a lien against the property of the landlord from each contractor, subcontractor, laborer and material supplier who would obtain the right to a lien when the tenant installs or causes the installation of the alternative energy device; or
(c) Post a bond or pay a deposit in an amount not to exceed the cost of restoring the premises to its condition at the time of installation of the alternative energy device.
(3) Nothing in this section:
(a) Authorizes the installation of an alternative energy device in a dwelling unit without the landlord’s written permission; or
(b) Limits a landlord’s right to recover damages and obtain injunctive relief as provided in ORS § 90.401.
(4) As used in this section, ‘alternative energy device’ has the meaning given that term in ORS § 469B.100. [Formerly 91.757; 1993 c.369 § 32; 1995 c.559 § 57; 1997 c.577 § 10; 1999 c.603 § 13; 2005 c.22 § 60; 2005 c.391 § 17]
TEMPORARY OCCUPANCY AGREEMENT