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.
(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