Oregon Landlord Responsibilities for Habitability

Oregon Landlord Responsibilities for Habitability

Last Updated: July 2, 2024 by Roberto Valenzuela

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.

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