Both Oregon landlords and tenants have strong legal rights and duties around repairs and habitability. Understand what’s required, how to handle disputes, and how to avoid common mistakes that lead to fines or lawsuits.
Key takeaways
- Landlords must keep all units “habitable”—heat, plumbing, electricity, locks, weatherproofing, smoke alarms, and safe floors/walls are all required by law.
- Tenants must notify landlords of problems in writing, and give reasonable time to fix (7–14 days for most issues).
- Failure to repair can let tenants withhold rent, break the lease, or sue for damages—but always follow legal process.
- Some repairs (like heat in winter, or water shut-off) require 24–48 hour response by law.
What is “Habitability” in Oregon?
- ORS 90.320 defines habitability as safe, weatherproof, clean, and working essential services (heat, water, electric, plumbing, locks, smoke/CO alarms, garbage service).
- Broken appliances included if provided in the lease.
- Common areas must be clean, maintained, and safe (hallways, laundry, parking, etc).
- Landlord must maintain pest-free, mold-free, and sanitary conditions.
How to Request Repairs (Properly)
- Notify your landlord in writing (email, mail, online portal)—describe the issue, date, and severity.
- Keep copies of all communication, and photos if possible.
- If not fixed in 7 days (for urgent repairs) or 30 days (for most others), you may give a final notice or seek legal remedies.
- Never withhold rent until you follow all notice steps—failure to do so can result in eviction even if your repair request is valid.
Tenant Remedies
- Withhold rent and pay for repairs yourself (up to $300, once per year) if landlord fails after notice (see ORS 90.368).
- Terminate lease and move out if serious health/safety issue isn’t fixed within 7 days of written notice.
- File in small claims court for damages, or contact local housing authority.
- Report landlord to city/county code enforcement for code violations.
| Repair Type | Landlord Must Fix? | Required Time | Notes |
|---|---|---|---|
| No heat in winter | Yes | 24–48 hours | Emergency—tenant can break lease if not fixed |
| Leaking roof | Yes | 7–14 days | May require city code report |
| Broken window/lock | Yes | 48 hours | Safety/emergency |
| Non-essential appliance | If in lease | 14–30 days | If included in lease/rental agreement |
Tip: Always document all repair requests and landlord responses in writing—this is your best defense in court.
Caution: If you withhold rent without following the law, your landlord may evict you—even if your repair complaint is legitimate.[1]