Answer: This question relates, in part, to the Q&A that immediately preceded this one regarding the tenant who refused to maintain their Space. Please review it. The major difference here is that Tenant also has a duty to “Use electrical, water, storm water drainage and sewage disposal systems in a reasonable manner and maintain the connections to those systems;” (Emphasis added.) See, ORS 90.740(4)(f). This means that from the point of connection from the ground below the home and into the home, is the Tenant’s responsibility.
So, to the issue of the Tenant refusing to perform their ORS 90.740(4)(f) duties, the Landlord’s best alternative is to issue a 30-day notice to terminate the tenancy pursuant to ORS 90.630(1)(b).
In answer to whether you could – following advance written notice – access the Tenant’s space and perform the repairs yourself, I strongly recommend not doing so, even if your rules or rental agreement allow for it. Tampering with the water system affecting the home could result in defective repairs and potential damages, including to Tenant health and safety. You do not want that liability.
Should you decide otherwise, be aware that the issue of entering a Tenant’s Space is fraught with risk relating to Tenant damage claims. During the tenancy, a Landlord’s rights are governed by ORS 90.322, which limits access to:
- Inspection of the premises;
- Making necessary or agreed repairs, decorations, alterations or improvements;
- Supplying necessary or agreed services, perform agreed yard maintenance or grounds keeping; or
- Exhibiting the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
However, assuming no emergency,[1] and absent a written agreement providing otherwise, Landlords must give at least 24-hours’ actual notice[2] of the intent to enter, but only at reasonable times. An “unreasonable time" is defined as: “…a time of day, day of the week or particular time that conflicts with the tenant's reasonable and specific plans to use the premises.” The open-ended nature of this language leaves room for argument, but my interpretation (without reading the case law) on what should be reasonable is weekdays between 9:00 AM and 5:00 PM, and Saturdays, 10:00 AM – 4:00 PM. I would avoid Sundays if possible, unless with Tenant’s consent. The best way to deal with an emergency here would be to turn off the Tenant’s water (with proper advance notice if possible, or immediately following your access.
Conclusion. Accessing a Tenant’s Space to perform repairs to the water pipes entering their home is not a good option. As soon as you become aware of the problem, notify the Tenant to immediately perform the repairs. If the tenant refuses, consider, after consulting with legal counsel, turning off the water to the space.
Under these circumstances, a 30-day notice to terminate the tenancy is the most effective tool in either securing the Tenant’s cooperation - or eviction. Deciding whether to also turn off the water would be up to your attorney’s advice. Good luck!
[1] “Emergency” 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 makes an emergency entry in the tenant’s 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
[2] This term is defined in governed by ORS 90.150, and includes verbal and written notice. It should be closely reviewed before proceeding.
