Oregon Profit Maximizing Aggressive Landlord Oriented Electricity Clause

State:
Multi-State
Control #:
US-OL17024
Format:
Word; 
PDF
Instant download

Description

This office lease clause is a landlord-oriented electricity clause. It provides a considerable profit center for the landlord and picks up most of the characteristics and issues where the lessee agrees that lessor may furnish electricity to lessee on a "submetering" basis or on a "rent inclusion" basis.

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FAQ

What Utilities or Services Can I be Charged for Under Oregon Landlord-Tenant Law? propane gas, oil, water, hot water, heat, air conditioner, cable television, direct satellite or other video subscription service, internet access or usage, sewer service and garbage collection and disposal.

The primary basis to all leases is the implied covenant of quiet enjoyment. This covenant ensures that possessions will not be disturbed by someone with a superior legal title to the land, including the landlord. Unless the lease states otherwise, there is an assumption that the tenant has a duty to pay rent.

Some jurisdictions have required that the breach amount to actual or constructive eviction. For example, where a landlord's construction activities cause dust, debris, and noise to force a tenant to evacuate their leased apartment, an action for breach of covenant of quiet enjoyment can be supported.

The rental property must be safe and sanitary and be maintained throughout the rental period. If repairs are necessary for safety or sanitation, the landlord must make such repairs without cost to the tenant. The condition for repair cannot be from tenant neglect or a deliberate act.

Landlords in Oregon are not required to replace the carpeting in their rental properties unless the quality or condition of the carpeting affects the habitability of the property. Every landlord in Oregon must comply with the implied warranty of habitability.

Due to Oregon habitability laws, tenants are legally required to have access to basic utilities like electricity and water. Even in the instance of non-payment, landlords are not legally allowed to shut off utilities.

If the landlord includes in the bill to the tenant a statement of the rent due, the landlord must separately and distinctly state the amount of the rent and the amount of the utility or service charge.

Examples of utilities or services are electricity, natural or liquid propane gas, water, heat, air conditioning, cable television, sewer service, and garbage collection. The landlord cannot charge you more for the utility than the landlord was billed by the provider.

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Oregon Profit Maximizing Aggressive Landlord Oriented Electricity Clause