(a) Pay the
outstanding balance 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 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 prepaid for the month in which the termination
occurs prorated from the date of termination or the date the tenant vacates the
premises, whichever is later, and any other prepaid rent; and
(B) All of the
security deposit owed to the tenant under ORS 90.300.
(8) If a landlord
fails to return to the tenant the moneys owed as provided in subsection (5),
(6) or (7) of this section, the tenant shall be entitled to twice the amount
wrongfully withheld.
(9) This section
does not preclude the tenant from pursuing any other remedies under this
chapter. [Formerly 91.767; 1993 c.786 §2; 1995 c.559 §14; 1997 c.577 §16; 1999
c.603 §18; 2005 c.391 §19; 2009 c.816 §4a; 2011 c.503 §7; 2015 c.388 §8]