(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.\n(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:\n(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;\n(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\n(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.\n(3) Nothing in this section:\n(a) Authorizes the installation of an alternative energy device in a storing the premises to its condition at the time of installation of the alternative energy device.\n(3) Nothing in this section:\n(a) Authorizes the installation of an alternative energy device in a dwelling unit without the landlord’s written permission; or\n(b) Limits a landlord’s right to recover damages and obtain injunctive relief as provided in ORS 90.401.\n(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]
Oregon Legal Code