Legal Question in Landlord & Tenant Law in Oregon
my rites as a renter
My landlord has been promising for things to get fixed in our rental for over a year now and i am worried that some of the things that are not getting fixed could be harmful to my family.What can I do
1 Answer from Attorneys
Re: my rites as a renter
ORS 90.320 provides a list of items that the landlord must provide in order for the premises to be habitable. In general terms the list describes obligations regading waterproofing, plumbing, water supply, heating, lighting and electric equipment, safe and sanitary grounds, garbage pickup, walls and passageways, ventilation and elevators, smoke detectors, and locks.
The landlord may also be subject to housing code violations and this may provide additional incentives for him to make repairs.
Based on this list, what are the safety hazards? Personal injury due to bad floor? Lack of temperature control due to leaking windows or no heat? Lack of security due to bad locks? Lack of sanitary conditions due to rodents or cochroaches?
What is the remedy?
I'm going to assume that you don't want to terminate a lease agreement under ORS 90.360(1) but would rather seek damages under 90.360(2).
In order to recover, the landlord must have (1) KNOWN or reasonably should have known of the condition that constituted the noncompliance, (2) you must give ACTUAL NOTICE 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.
If you mail a letter by certified mail you will have a record of your notice.