Phil Querin Question and Answer: Access

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June 13, 2016
Phil Querin
MHCO Legal Counsel
Querin Law

 

Question. I am always concerned about what my rights are as a manager when I go upon a resident’s space. Can you clarify for me?

 

 

Answer. Here is a summary of what you can and cannot do. The statute is found at ORS 90.725.

  1. A landlord or a landlord’s agent may enter onto a rented space, not including the tenant’s manufactured dwelling or floating home or an accessory building or structure, in order to:
  • Inspect
  • 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.

 

  1. The right of access of the landlord or landlord’s agent is limited as follows:
  • Serving notices
  • Emergencies
  • Tenant-requested repairs or maintenance
  • Per a written yard maintenance agreement that requires the landlord to perform yard maintenance, equipment servicing or grounds-keeping for the space:

 

  1. 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 hours’ actual notice (doesn’t have to be in writing, but recommended unless exempted under No. 2, above) of the intent of the landlord to enter and the landlord or landlord’s agent may enter only at reasonable times.

 

  1. The landlord or landlord’s agent may not enter if the tenant, after receiving the landlord’s 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 landlord’s agent prior to, or at the time of, the attempt by the landlord or landlord’s agent to enter.

 

  1. 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.

 

  1. A landlord has no other right of access except:
  • Pursuant to court order;
  • As permitted by ORS 90.410 (2) (Waiver of termination of tenancy);
  • As permitted under ORS 90.539 (Entry to read submeter); or
  • When the tenant has abandoned or relinquished the premises.

 

  1. 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 (Oregon eviction statutes). In addition, the landlord may recover actual damages.

 

  1. 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) (Termination by tenant). In addition, the tenant may recover actual damages not less than an amount equal to one month’s rent.
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