Residential Landlord and Tenant
ORS 90.390
Discrimination against tenant or applicant
- tenant defense
Saturday, June 18, 2022
Residential Landlord and Tenant ORS 90.390 Discrimination against tenant or applicant tenant defense
Residential Landlord and Tenant
Discrimination against tenant or applicant
- tenant defense
ORS 90.385 Retaliatory conduct by landlord
Residential Landlord and Tenant
ORS 90.385
Retaliatory conduct by landlord
- tenant remedies and defenses
- action for possession in certain cases
(1)
Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after:(a)
The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy:(A)
A building, health or housing code materially affecting health or safety;(B)
Laws or regulations concerning the delivery of mail; or(C)
Laws or regulations prohibiting discrimination in rental housing;(b)
The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;(c)
The tenant has organized or become a member of a tenants’ union or similar organization;(d)
The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;(e)
The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action only because:(A)
The termination notice by the landlord was not served or delivered in the manner required by ORS 90.155 (Service or delivery of written notice); or(B)
The period provided by the termination notice was less than that required by the statute upon which the notice relied to terminate the tenancy; or(f)
The tenant has performed or expressed intent to perform any other act for the purpose of asserting, protecting or invoking the protection of any right secured to tenants under any federal, state or local law.(2)
As used in subsection (1) of this section, “decreasing services” includes:(a)
Unreasonably restricting the availability of or placing unreasonable burdens on the use of common areas or facilities by tenant associations or tenants meeting to establish a tenant organization; and(b)
Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.(3)
If the landlord acts in violation of subsection (1) of this section the tenant is entitled to the remedies provided in ORS 90.375 (Effect of unlawful ouster or exclusion) and has a defense in any retaliatory action against the tenant for possession.(4)
Notwithstanding subsections (1) and (3) of this section, a landlord may bring an action for possession if:(a)
The complaint by the tenant was made to the landlord or an agent of the landlord in an unreasonable manner or at an unreasonable time or was repeated in a manner having the effect of unreasonably harassing the landlord. A determination whether the manner, time or effect of a complaint was unreasonable shall include consideration of all related circumstances preceding or contemporaneous to the complaint;(b)
The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the household of the tenant or upon the premises with the consent of the tenant;(c)
The tenant was in default in rent at the time of the service of the notice upon which the action is based; or(d)
Compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit.(5)
For purposes of this section, a complaint made by another on behalf of a tenant is considered a complaint by the tenant.(6)
For the purposes of subsection (4)(c) of this section, a tenant who has paid rent into court pursuant to ORS 90.370 (Tenant counterclaims in action by landlord for possession or rent) shall not be considered to be in default in rent.(7)
The maintenance of an action under subsection (4) of this section does not release the landlord from liability under ORS 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) (2). [Formerly 91.865; 1995 c.559 §25; 1997 c.303 §1; 1999 c.603 §23; 2011 c.42 §8]ORS 90.365 negligence bkm
ORS 90.365
Failure of landlord to supply essential services
- remedies
(1)
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:(a)
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;(b)
Recover damages based upon the diminution in the fair rental value of the dwelling unit; or(c)
If the failure to supply an essential service makes the dwelling unit unsafe or unfit to occupy, 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.(2)
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 fails to supply any essential service, the lack of which poses an imminent and serious threat to the tenant’s health, safety or property, the tenant may give written notice to the landlord specifying the breach and that the rental agreement shall terminate in not less than 48 hours unless the breach is remedied within that period. If the landlord adequately remedies the breach before the end of the notice period, the rental agreement shall not terminate by reason of the breach. As used in this subsection, “imminent and serious threat to the tenant’s health, safety or property” shall not include the presence of radon, asbestos or lead-based paint or the future risk of flooding or seismic hazard, as defined by ORS 455.447 (Regulation of certain structures vulnerable to earthquakes and tsunamis).(3)
For purposes of subsection (1) of this section, a landlord shall not be considered to be intentionally or negligently failing to supply an essential service if:(a)
The landlord substantially supplies the essential service; or(b)
The landlord is making a reasonable and good faith effort to supply the essential service and the failure is due to conditions beyond the landlord’s control.(4)
This section does not require a landlord to supply a cooking appliance or a refrigerator if the landlord did not supply or agree to supply a cooking appliance or refrigerator to the tenant.(5)
If the tenant proceeds under this section, the tenant may not proceed under ORS 90.360 (Effect of landlord noncompliance with rental agreement or obligation to maintain premises) (1) as to that breach.(6)
Rights of the tenant under this section do not arise if the condition was caused by the deliberate or negligent act or omission of the tenant or a person on the premises with the tenant’s consent.(7)
Service or delivery of actual or written notice shall be as provided by ORS 90.150 (Service or delivery of actual notice) and 90.155 (Service or delivery of written notice), including the addition of three days to the notice period if written notice is delivered by first class mail.(8)
Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place does not apply to a manufactured dwelling, recreational vehicle or floating home if the tenant owns the manufactured dwelling, recreational vehicle or floating home and rents the space. [Formerly 91.805; 1995 c.559 §21; 1997 c.577 §20; 1999 c.603 §22; 1999 c.676 §14; 2007 c.508 §8]ORS 90.360 bkm repeatedly warned via email, text, verbal, dry erase board... since covid lockdown 2/11/20-current
ORS 90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain premises
- generally
(1)
(a) 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.(b)
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.(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.(2)
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.(3)
The remedy provided in subsection (2) of this section is in addition to any right of the tenant arising under subsection (1) of this section.(4)
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.(5)
If the rental agreement is terminated, the landlord shall return all security depositsORS 90.320 bkm neglect filth
ORS 90.320
Landlord to maintain premises in habitable condition
- agreement with tenant to maintain premises
(1)
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;(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;(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;(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; or(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.(2)
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.(3)
Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place shall not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility shall be governed by ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), not by this section. [Formerly 91.770; 1993 c.369 §6; 1995 c.559 §15; 1997 c.249 §32; 1997 c.577 §17; 1999 c.307 §20; 1999 c.676 §11; 2009 c.591 §12; 2013 c.294 §9]PS
BKM IS A SLUMLORD RENTING OUT TEENY DIRTY ROOM AND SHED AND LIVES ON PREMESIS. ABUSES TENANT RIGHTS DAILY. HER NOTE FROM HER ATTORNEY CAME AFTER MY NOTICE. FURTHERMORE, BKM'S ATTY DOES NOT KNOW THE SITUATION RE: VIOLATION OF HUMAN RIGHTS AND NEGLECT OUT IN THE MIDDLE OF NOWHERE......with bkm
ORS 90.150 NOTICE GIVEN TO BKM 5/23 /22 VIA EMAIL WILL BE OUT BY 10/22 WITH GOAL OF MOVING OUT 9/1/21
ORS 90.150
Service or delivery of actual notice
(1)
Verbal notice that is given personally to the landlord or tenant or left on the landlord’s or tenant’s telephone answering device.(2)
Written notice that is personally delivered to the landlord or tenant, left at the landlord’s rental office, sent by facsimile to the landlord’s residence or rental office or to the tenant’s dwelling unit, or attached in a secure manner to the main entrance of the landlord’s residence or tenant’s dwelling unit.(3)
Written notice that is delivered by first class mail to the landlord or tenant. If the notice is mailed, the notice shall be considered served three days after the date the notice was mailed.(4)
Any other method reasonably calculated to achieve actual receipt of notice, as agreed to and described in a written rental agreement. [1995 c.559 §3; 1997 c.577 §5; 1999 c.603 §9; 2003 c.14 §33]
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