Most places, including Oregon, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Oregon Implied Warranty of Habitability
In Oregon, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring
- A pipe leaking human waste
- A broken front doorknob that won’t lock
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Oregon
Note: Check local city/county laws and ordinances for additional requirements. Oregon also lets landlords and tenants make special agreements, separate from the lease, to redistribute any particular responsibility for habitability. Check written terms carefully.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer and Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Usually | Usually |
| Garbage Pickup | Usually | Usually |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating and Air Conditioning in Oregon
Oregon landlords must provide heating for rental properties. They don’t have to provide air conditioning, but they do have to fix it if it’s provided.
Are Landlords Required to Provide Air Filter Replacements in Oregon?
Oregon landlords don’t have to replace things like air filters, unless required heating or ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Oregon
Oregon landlords must keep plumbing in good working condition, including running water and sewage disposal.
Are Landlords Required To Provide Hot Water in Oregon?
Oregon landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains and Toilets in Oregon?
Oregon landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in Oregon Responsible for Fixing Leaks?
Oregon landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in Oregon
Oregon landlords don’t have to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided, it’s the landlord’s responsibility to maintain such appliances.
Landlord Responsibilities for Electrical Issues in Oregon
Oregon landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Oregon?
Oregon landlords are responsible for maintaining electrical lighting provided on the property, along with any provided electrical appliances. This may include replacing bulbs or light fixtures, as appropriate.
Landlord Responsibilities for Garbage Removal in Oregon
Oregon landlords must provide and maintain outside garbage containers and garbage removal services, unless local ordinances or a specific agreement between the landlord and tenant say otherwise.
Additionally, in certain areas that have implemented specific recycling programs, landlords of properties with five or more units must provide proper recycling containers and services for tenants.
Landlord Responsibilities for Landscaping in Oregon
Oregon landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Oregon
Oregon landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter created the mold issue, the landlord can make the renter fix it, or pay for repairs.
Landlord Responsibilities Regarding Pests in Oregon
Oregon landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows and Window Coverings in Oregon
Oregon landlords are responsible for providing windows that latch securely on all windows that allow access to the dwelling unit, as well as weatherproofed windows in general.
Landlord Responsibilities Regarding Safety Devices in Oregon
Oregon landlords are responsible for providing and maintaining smoke alarms and required carbon monoxide (CO) detectors. This includes putting fresh batteries in any detectors that have a battery-operated feature, whenever a new rental begins.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Oregon?
Oregon landlords have no specific responsibility to replace safety device batteries. The landlord has to replace safety devices that aren’t working for any reason other than dead batteries, but they are specifically not required to do battery replacement.
Landlord Responsibilities for Doors and Locks in Oregon
Oregon landlords are responsible for ensuring reasonably secure locks and keys on rental property.
Landlord Responsibilities for Washers and Dryers in Oregon
Oregon landlords are not required to furnish their rental properties with a working washer and dryer. However, if provided, it’s the landlord’s responsibility to maintain such appliances.
Renter’s Rights for Repairs in Oregon
Oregon renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing (or by email, if there’s a special agreement that allows it). The landlord usually gets 30 days after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement, ask a court to order repairs or compensation, or repair and deduct for issues under $300 total cost. Rent withholding is only allowed for property that’s uninhabitable due to lacking an essential service.
Sources
- 1 Or. Rev. Stat. § 90.245(1)(a) (2023)
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“A rental agreement may not provide that the tenant agrees to waive or forgo rights or remedies under this chapter.”
Source Link - 2 Or. Rev. Stat. § 90.320(1) (2023)
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“A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition.”
Source Link - 3 Or. Rev. Stat. § 90.320(1)(a) - (1)(c) (2023)
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“The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if: (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord; (b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and (c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.”
Source Link - 4 Or. Rev. Stat. § 90.320(1)(d) - (1)(f) (2023)
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“For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks: (d) Adequate heating facilities that conform to applicable law at the time of installation and maintained in good working order; (e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and maintained in good working order; (f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin.”
Source Link - 5 Or. Rev. Stat. § 90.320(1)(g) - (1)(i) (2023)
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“For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks: (g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal; (h) Floors, walls, ceilings, stairways and railings maintained in good repair; (i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord.”
Source Link - 6 Or. Rev. Stat. § 90.320(1)(a) - (1)(c) (2023)
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“A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks: (a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors; (b) Plumbing facilities that conform to applicable law in effect at the time of installation, and maintained in good working order; (c) A water supply approved under applicable law that is: (A) Under the control of the tenant or landlord and is capable of producing hot and cold running water; (B) Furnished to appropriate fixtures; (C) Connected to a sewage disposal system approved under applicable law; and (D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord.”
Source Link - 7 Or. Rev. Stat. § 90.318(1) (2023)
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“In a city or the county within the urban growth boundary of a city that has implemented multifamily recycling service, a landlord who has five or more residential dwelling units on a single premises or five or more manufactured dwellings in a single facility shall at all times during tenancy provide to all tenants: (a) A separate location for containers or depots for materials designated for recycling collection on the uniform statewide collection list established under ORS 459A.914 (Uniform statewide collection list), adequate to hold the reasonably anticipated volume of each material; (b) Regular collection service of the source separated recyclable materials; and (c) Notice at least once a year of the opportunity to recycle with a description of the location of the containers or depots on the premises and information about how to recycle. New tenants shall be notified of the opportunity to recycle at the time of entering into a rental agreement.”
Source Link - 8 Or. Rev. Stat. § 90.320(1)(L) (2023)
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“For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks: (L) Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises that the tenant is entitled under the rental agreement to occupy to the exclusion of others and keys for those locks that require keys.”
Source Link - 9 Or. Rev. Stat. § 90.320(1)(j) & (1)(k) (2023)
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“For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks: (j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270 (Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector), but not to include the tenant’s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (Tenant duties) (1); (k) A carbon monoxide alarm, and the dwelling unit: (A) Contains a carbon monoxide source; or (B) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft.”
Source Link - 10 Or. Rev. Stat. § 479.255(1) (2023)
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“Every dwelling unit regulated under ORS chapter 90 [Oregon’s Uniform Residential Landlord-Tenant act, applicable to rental properties], every lodging house and every hotel guest room shall contain an approved and properly functioning smoke alarm or smoke detector, installed in accordance with the state building code and rules of the State Fire Marshal.”
Source Link - 11 Or. Rev. Stat. § 90.316 (2023)
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“(1) Unless a dwelling unit contains one or more properly functioning carbon monoxide alarms installed in compliance with State Fire Marshal rules and with any applicable requirements of the state building code when a tenant takes possession of the dwelling unit, a landlord may not enter into a rental agreement creating a new tenancy in the dwelling unit if the dwelling unit: (a) Contains a carbon monoxide source; or (b) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft. (2) The landlord shall provide a new tenant with alarm testing instructions as described in ORS 90.317 (Repair or replacement of carbon monoxide alarm). (3) If a carbon monoxide alarm is battery-operated or has a battery-operated backup system, the landlord shall supply working batteries for the alarm at the beginning of a new tenancy.”
Source Link - 12 Or. Rev. Stat. § 90.317 (2023)
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“(1) A landlord shall ensure that a dwelling unit has one or more carbon monoxide alarms installed in compliance with State Fire Marshal rules and the state building code if the dwelling unit: (a) Contains a carbon monoxide source; or (b) Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft. (2) The landlord shall provide the tenant of the dwelling unit with a written notice containing instructions for testing of the alarms. The landlord shall provide the written notice to the tenant no later than at the time that the tenant first takes possession of the premises. (3) If the landlord receives written notice from the tenant of a deficiency in a carbon monoxide alarm, other than dead batteries, the landlord shall repair or replace the alarm. (4) Supplying and maintaining a carbon monoxide alarm required under this section is a habitable condition requirement under ORS 90.320 (Landlord to maintain premises in habitable condition).”
Source Link - 13 Or. Rev. Stat. § 90.360(1)(a) (2023)
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“Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with ORS 90.320 (Landlord to maintain premises in habitable condition) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after delivery of the notice if the breach is not remedied in seven days in the case of an essential service or 30 days in all other cases, and the rental agreement shall terminate as provided in the notice subject to paragraphs (b) and (c) of this subsection. However, in the case of a week-to-week tenancy, the rental agreement will terminate upon a date not less than seven days after delivery of the notice if the breach is not remedied.”
Source Link - 14 Or. Rev. Stat. § 90.360(1)(b) (2023)
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“If the breach is remediable by repairs, the payment of damages or otherwise and if the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach.”
Source Link - 15 Or. Rev. Stat. § 90.360(2) (2023)
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“Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or ORS 90.320 (Landlord to maintain premises in habitable condition) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition). The tenant shall not be entitled to recover damages for a landlord noncompliance with ORS 90.320 (Landlord to maintain premises in habitable condition) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) if the landlord neither knew nor reasonably should have known of the condition that constituted the noncompliance and: (a) The tenant knew or reasonably should have known of the condition and failed to give actual notice to the landlord in a reasonable time prior to the occurrence of the personal injury, damage to personal property, diminution in rental value or other tenant loss resulting from the noncompliance; or (b) The condition was caused after the tenancy began by the deliberate or negligent act or omission of someone other than the landlord or a person acting on behalf of the landlord.”
Source Link - 16 Or. Rev. Stat. § 90.360(4) (2023)
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“The tenant may not terminate or recover damages under this section for a condition caused by the deliberate or negligent act or omission of the tenant or other person on the premises with the tenant’s permission or consent.”
Source Link - 17 Or. Rev. Stat. § 90.360(3) (2023)
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“The remedy provided in subsection (2) of this section [monetary damages and/or injunction for properly noticed maintenance issues not caused by the deliberate or negligent actions of persons other than the landlord] is in addition to any right of the tenant arising under subsection (1) of this section [canceling the rental agreement for the landlord’s failure to repair] .”
Source Link - 18 Or. Rev. Stat. § 930.368(2) (2023)
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“If, contrary to ORS 90.320 (Landlord to maintain premises in habitable condition), the landlord fails to repair a minor habitability defect, the tenant may cause the repair of the defect and deduct from the tenant’s subsequent rent obligation the actual and reasonable cost of the repair work, not to exceed $300.”
Source Link - 19 Or. Rev. Stat. § 90.365(1)(a) (2023)
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“If contrary to the rental agreement or ORS 90.320 (Landlord to maintain premises in habitable condition) or 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition) the landlord intentionally or negligently fails to supply any essential service, the tenant may give written notice to the landlord specifying the breach and that the tenant may seek substitute services, diminution in rent damages or substitute housing. After allowing the landlord a reasonable time and reasonable access under the circumstances to supply the essential service, the tenant may procure reasonable amounts of the essential service during the period of the landlord’s noncompliance and deduct their actual and reasonable cost from the rent.”
Source Link - 20 Or. Rev. Stat. § 90.365(1)(c) (2023)
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“If the failure to supply an essential service makes the dwelling unit unsafe or unfit to occupy, [the tenant may] procure substitute housing during the period of the landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance. In addition, the tenant may recover as damages from the landlord the actual and reasonable cost or fair and reasonable value of comparable substitute housing in excess of the rent for the dwelling unit. For purposes of this paragraph, substitute housing is comparable if it is of a quality that is similar to or less than the quality of the dwelling unit with regard to basic elements including cooking and refrigeration services and, if warranted, upon consideration of factors such as location in the same area as the dwelling unit, the availability of substitute housing in the area and the expense relative to the range of choices for substitute housing in the area. A tenant may choose substitute housing of relatively greater quality, but the tenant’s damages shall be limited to the cost or value of comparable substitute housing.” Or. Rev. Stat. § 90.365(1)(c) (2023)
“(1)(c) If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 14 days’ written notice specifying the breach and the date of termination of the rental agreement. However, in the case of a week-to-week tenancy, the tenant may terminate the rental agreement upon at least seven days’ written notice specifying the breach and date of termination of the rental agreement.” Or. Rev. Stat. § 90.360(1)(a) (2023)
Source Link - 21 Or. Rev. Stat. § 90.155(1)(d)
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Source Link
Except as provided in subsection (5) of this section, electronic mail, for written notices to the landlord or the tenant, only if allowed under a written addendum to the rental agreement that:
(A) Specifies the electronic mail address from which the landlord agrees to send, and at which the landlord agrees to receive, electronic mail; (B) Specifies the electronic mail address from which the tenant agrees to send, and at which the tenant agrees to receive, electronic mail; (C) Is executed by both parties after the tenancy begins and the tenant has occupied the premises; (D) Allows the landlord or tenant to terminate the service of written notice by electronic mail or to change their specified electronic mail address for receipt of written notice by giving no less than three days’ written notice; and (E) Includes notice in substantially the following form: ______________________________________________________________________________
THIS IS AN IMPORTANT NOTICE ABOUT YOUR RIGHTS REGARDING RECEIPT OF WRITTEN NOTICES.
By signing this addendum, you agree to receive written notices from your landlord by e-mail. This may include important legal notices, including rent increase and tenancy termination notices. Failure to read or respond to a written notice could result in you losing your housing or being unaware of a change in rent. Signing this addendum is voluntary. Only agree to service of written notices electronically if you check your e-mail regularly.
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