(5)(a) If a
tenant, under the rental agreement, is responsible for a utility or service and
is unable to obtain the service prior to moving into the premises due to a
nonpayment of an outstanding amount due by a previous tenant or the owner, the
tenant may either:
(A) Pay the
outstanding amount and deduct the amount from the rent;
(B) Enter into a
mutual agreement with the landlord to resolve the lack of service; or
(C) Immediately
terminate the rental agreement by giving the landlord actual notice and the
reason for the termination.
(b) If the
tenancy terminates, the landlord shall return all moneys paid by the tenant as
deposits, rent or fees within four days after termination.
(6) If a tenant,
under the rental agreement, is responsible for a utility or service and is
unable to obtain the service after moving into the premises due to a nonpayment
of an outstanding amount due by a previous tenant or the owner, the tenant may
either:
(a) Pay the
outstanding amount and deduct the amount from the rent; or
(b) Terminate the
rental agreement by giving the landlord actual notice 72 hours prior to the
date of termination and the reason for the termination. The tenancy does not
terminate if the landlord restores service or the availability of service
during the 72 hours. If the tenancy terminates, the tenant may recover actual
damages from the landlord resulting from the shutoff and the landlord shall
return:
(A) Within four
days after termination, all rent and fees; and
(B) All of the
security deposit owed to the tenant under ORS 90.300.
(7) If a
landlord, under the rental agreement, is responsible for a utility or service
and the utility or service is shut off due to a nonpayment of an outstanding
amount, the tenant may either: