ORS § 90 § 90.265
Interest in alternative energy device installed by tenant.
Operative Text
(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.
Oregon Revised Statutes § 90.265 establishes that when a tenant installs an alternative energy device—such as a solar panel or similar system—with the landlord's written permission, that device does not automatically become part of the property (a fixture) in which the landlord holds a legal interest, unless a separate written agreement says otherwise. The landlord may, as a condition of granting permission, require the tenant to provide liability waivers, secure lien waivers from contractors, or post a bond or deposit covering the cost of restoring the premises to its pre-installation condition. The provision does not allow installation without written landlord permission, and it preserves the landlord's right to seek damages or injunctive relief under ORS 90.401 if a violation occurs.
Plain English — not legal advice.
Under ORS § 90.265, property owners who receive a tenant's request to install an alternative energy device generally document their permission in writing and may attach conditions before granting it. Compliant operators commonly require the tenant to provide a liability waiver covering installation-related injuries, obtain lien waivers from any contractors or suppliers involved, and post a bond or deposit sized to cover the cost of restoring the unit to its pre-installation condition. Landlords who wish to retain a legal interest in any installed device typically address that explicitly in a written agreement with the tenant, since the default rule under this section is that the device belongs to the tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.265 gives tenants in Oregon the right to retain ownership of an alternative energy device they install with written landlord permission, meaning the device generally does not become the landlord's property simply by being attached to the unit. Before permission is granted, a landlord may lawfully require a liability waiver, lien waivers from contractors, or a restorative bond or deposit—so tenants generally review any conditions carefully before agreeing to them. Tenants who believe a landlord is improperly claiming ownership of an installed device, or who face disputes about the conditions attached to permission, may find it useful to consult a tenant-rights organization or legal aid provider familiar with Oregon landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.