Oregon Statutes - Chapter 90 - Residential Landlord and Tenant - Section 90.725 - Landlord or agent access to rented space; remedies.

(1) A landlord or a landlordís agent may enter onto a rented space, not including the tenantís manufactured dwelling or floating home or an accessory building or structure, in order to inspect the space, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance, equipment servicing or grounds keeping or exhibit the space to prospective or actual purchasers of the facility, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlordís agent is limited as follows:

(a) A landlord or landlordís 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 landlordís agent may enter the rented space without consent of the tenant, without notice to the tenant and at any time. ďEmergencyĒ includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord or landlordís agent makes an emergency entry in the tenantís 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 landlordís agent, without further notice, may enter upon demand, in the tenantís absence or without consent of the tenant, for the purpose of making the requested repairs until the repairs are completed. The tenantís written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenantís written request expires after seven days, unless the repairs are in progress and the landlord or landlordís 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)(A) If a written agreement requires the landlord to perform yard maintenance, equipment servicing or grounds keeping for the space:

(i) A landlord and tenant may agree that the landlord or landlordís 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.

(ii) A tenant may deny consent for a landlord or landlordís 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 landlordís agent prior to, or at the time of, the attempted entry.

(B) As used in this paragraph:

(i) ďYard maintenance, equipment servicing or grounds keepingĒ includes, but is not limited to, servicing individual septic tank systems or water pumps, weeding, mowing grass and pruning trees and shrubs.

(ii) ďUnreasonable timeĒ refers to a time of day, day of the week or particular time that conflicts with the tenantís reasonable and specific plans to use the space.

(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 hoursí actual notice of the intent of the landlord to enter and the landlord or landlordís agent may enter only at reasonable times. The landlord or landlordís agent may not enter if the tenant, after receiving the landlordís 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 landlordís agent prior to, or at the time of, the attempt by the landlord or landlordís agent to enter.

(2) 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.

(3) A landlord has no other right of access except:

(a) Pursuant to court order;

(b) As permitted by ORS 90.410 (2);

(c) As permitted under ORS 90.539; or

(d) When the tenant has abandoned or relinquished the premises.

(4) 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.

(5) 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 (1) and take possession in the manner provided in ORS 105.105 to 105.168. In addition, the landlord may recover actual damages.

(6) 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 (1). In addition, the tenant may recover actual damages not less than an amount equal to one monthís rent. [1999 c.676 §2; 2005 c.619 §23]

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Last modified: August 7, 2008