ORS § 90 § 90.568
Pro rata billing; apportionment methods.
Operative Text
(1) If allowed by a written rental agreement, a landlord using pro rata billing may require a tenant to pay to the landlord a utility or service charge that was billed by a utility or service provider to the landlord for a utility or service provided directly to the tenant’s space or to a common area available to the tenant as part of the tenancy. A landlord may include in pro rata billing a public service charge under ORS 90.570. (2)(a) As used in this subsection, “occupied” means that a tenant resides in the dwelling or home during each month for which the utility or service is billed. (b) A pro rata billing charge to tenants for the tenants’ spaces under this section must be allocated among the tenants by a method that reasonably apportions the cost among the affected tenants and that is described in the rental agreement. (c) Methods that reasonably apportion the cost among the tenants include, but are not limited to, methods that divide the cost based on: (A) The number of occupied spaces in the facility; (B) The number of tenants or occupants in the dwelling or home compared with the number of tenants or occupants in the facility, if there is a correlation with consumption of the utility or service; or (C) The square footage in each dwelling, home or space compared with the total square footage of occupied dwellings or homes in the facility or the square footage of the facility, if there is a correlation with consumption of the utility or service. (3) A utility or service charge to be assessed to a tenant for a common area must be described in the written rental agreement separately and distinctly from the utility or service charge for the tenant’s space. (4) A landlord may not: (a) Bill or collect more money from tenants for utilities or services than the utility or service provider charges the landlord. (b) Increase the utility or service charge to the tenant by adding any costs of the landlord, such as a handling or administrative charge.
Oregon Revised Statutes § 90.568 governs how landlords in manufactured-dwelling or floating-home facilities may pass through utility and service costs to tenants using a method called pro rata billing. The rule requires that any such billing be authorized by a written rental agreement and that costs be divided among tenants using a method that reasonably reflects actual consumption or usage—such as by number of occupied spaces, number of occupants, or square footage. Critically, the statute caps what landlords may collect at exactly what the utility or service provider charged the landlord, with no markups, handling fees, or administrative charges permitted. Charges for common areas must be described separately from charges for a tenant's individual space.
Plain English — not legal advice.
Operators subject to ORS § 90.568 who wish to use pro rata billing must first ensure their written rental agreement explicitly authorizes the practice and describes the specific apportionment method being used. Compliant operators select an allocation method—such as dividing costs by occupied spaces, occupant count, or square footage—that bears a reasonable relationship to actual utility or service consumption. Landlords must pass through utility costs at exactly the amount billed by the provider, keeping common-area charges itemized separately from space-specific charges, and never adding any handling, administrative, or other surcharges on top of the provider's bill.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ORS § 90.568, tenants have the right to receive pro rata utility billing only if their written rental agreement authorizes it and describes the method used to divide costs. Tenants are also protected from being charged more than the landlord was actually billed by the utility or service provider, and from any added fees or administrative markups. Tenants who believe their landlord is billing in excess of the provider's charges, using an undisclosed method, or failing to separately itemize common-area charges may wish to review their rental agreement, contact a local tenant-rights organization, or explore complaint options available through Oregon's housing regulatory framework.
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.
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