Warranty of Habitability in Oregon

Last Updated: July 2, 2024 by Roberto Valenzuela

In Oregon, a landlord’s obligation for providing a habitable living space is primarily governed by Or. Rev. Stat. § 90-320. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.

Quick Facts Answer
Landlord Responsibilities Windows/Doors, Roof/Doors, Hot/Cold Water, Heat, Gas, Electrical/Plumbing, Sanitation Facilities, Stairs/Railings. Floors, Carbon Monoxide Detector
Time Limit for Repairs 7 Days or 30 Days
Tenant Recourse Options
  • Withhold Rent: No
  • Repair and Deduct: Yes, Minor Repairs Only and Cost Less Than $300

Applicable Dwelling Types in Oregon

The implied warranty of habitability in Oregon does not apply to all types of dwellings. See the table below for which are and aren’t included.

Dwelling Type Landlord/Tenant Laws Apply?
Single family Yes
Multi-family Yes
Fraternities/Sororities/Clubs No
RV parks Not addressed
Mobile home parks Not addressed
Condos Only if person in condo is renter, not owner
Hotels/Motels No

Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.

Landlord Responsibilities in Oregon

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Oregon, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Habitability Issue Landlord Responsibility?
Provide windows and doors that are in good repair. Yes
Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. Yes
Provide hot and cold running water. Yes
Provide working HVAC equipment. Heat only
Provide working plumbing and electrical wiring/outlets/ lighting. Yes
Provide working gas lines if used for utilities/cooking Yes, if required
Provide working sanitation facilities (bathtub/shower, toilet). Yes
Provide a trash can (for trash pickup services). Only required in certain municipalities
Ensure that any stairs and railings are safe. Yes
Ensure that all floors are in good condition and safe. Yes
Provide fire exits that are usable, safe, and clean. Not addressed
Ensure storage areas, including garages and basements, do not house combustible materials. Not addressed
Provide working smoke detectors Yes
Provide a mailbox. Not addressed
Provide working wiring for one telephone jack. Not addressed
Provide working kitchen appliances. No
Provide working carbon monoxide detector. Yes
Provide a working washer/dryer. No

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If trees are not trimmed or pruned to decrease the chance of becoming hazardous in the future, the rental property will be considered as uninhabitable. A landlord is responsible for the maintenance of trees unless the current tenant has planted the tree.


Landlords are required to ensure rental units are free from rodents and insects when a new rental agreement begins.


All exterior doors on rental units are required to have locks, and windows must “latch” or have a locking mechanism.


Landlords are required to disclose whether a rental unit is in a 100-year flood plain.

Lead-Based Paint

Landlords are also required to disclose the existence of (or potential for) lead-based paint in any rental unit built prior to 1978. However, landlords are not always required to mitigate lead-based paint.

Repairs, Recourse and Retaliation in Oregon

If a rental property is in violation of the implied warranty of habitability in Oregon, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.

Requesting Repairs in Oregon

Oregon tenants must request repairs by providing the landlord written notice about the issue that needs repair (or emailed, if there’s a special agreement to allow electronic communication ). If the tenant wants to be able to cancel the lease if the landlord doesn’t make timely repairs, the request must state the specific date (usually at least 30 days away) for cancellation.

Renter’s Rights if Repairs Aren’t Made in Oregon

Oregon renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters have to give the landlord written notice about the issue that needs fixing (or emailed, if there’s a special agreement to allow electronic communication ) and wait 30 days, in most cases, for the landlord to do repairs.

If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement or get a court order for repairs or compensation. However, the renter usually can’t repair and deduct, or withhold rent. Read More

Landlord Retaliation in Oregon

It’s illegal for Oregon landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken one of the following protected actions:

  • Complaining to the landlord or the government about legal violations related to the rental property
  • Complaining to the landlord in good faith about issues related to the tenancy
  • Participating in a tenant organization
  • Testifying in a court case against the landlord
  • Winning a court case against the landlord (except on technicalities related to notice requirements), within the last six months
  • Pursuing rights or remedies given by the law or lease

The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent proportionately in response to a large increase in property tax can still evict if a tenant refuses to pay the rent.