Legal Question in Real Estate Law in Oregon

Hello..my father has been paying rent for over 2 years in a house that has no running water..the local gas company cant legaly hook up gas due to the poor condition of the home. The roof and floors are on the verg of collapsing. The owner has been aware of such issues but refuses to do anything about it yet she continues to charge him up to 800 dollars a month for rent. With such a high cost he cant afford to save enough to move out. My question is it legal for her to rent a home out that would pass an inspection from the city? I am concered for the health and safety for my dad. And i feel she has been taking complete advantage of him.


Asked on 8/29/14, 1:18 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

According to your description, the home is "uninhabitable." That means that your father can notify the landlord that he is going to stop paying the rent until the home is made "habitable." Lack of water itself renders the home "uninhabitable." Your father cannot be evicted until the home is made habitable and even then cannot be evicted because of his complaint about its condiition. In any event, by not paying rent he can save up enough money to leave.

Here is the Oregon statute:ORS 90.365 Failure of landlord to supply essential services; remedies.

(1) If contrary to the rental agreement or ORS 90.320 or 90.730 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. . . .I would also suggest filing a complaint with the City regarding building code violations.

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Answered on 8/29/14, 1:40 pm


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