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 |
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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 |
Trees
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.
Pests
Landlords are required to ensure rental units are free from rodents and insects when a new rental agreement begins.
Security
All exterior doors on rental units are required to have locks, and windows must “latch” or have a locking mechanism.
Flooding
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.
Sources
- Oregon State Law, Volume 3 – Landlord-Tenant, Domestic Relations, Probate; Title 10 – Property Rights and Transactions; Chapter 90 – Residential Landlord and Tenant.
- Oregon State Bar, “Landlord and Tenant Law.”
Sources
- 1 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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