ORS 90.320 requires Oregon landlords to maintain a habitable dwelling with weatherproofing, working plumbing, hot and cold water, heat, electrical systems, locks, and smoke and carbon monoxide alarms, and to keep the premises safe and sanitary. ORS 90.360 and 90.365 give tenants remedies, including repair-and-deduct and rent reduction, when the landlord fails to maintain habitability.
ORS 90.320(1) requires a dwelling to substantially include 'effective waterproofing and weather protection of roof and exterior walls,' plumbing in good working order with 'hot and cold running water,' 'adequate heating facilities,' working electrical systems, working locks, and smoke and carbon monoxide alarms, and to be 'safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin.' Buildings permitted after April 1, 2024 must also have adequate cooling. When a landlord fails to maintain these conditions, ORS 90.360 allows the tenant to recover damages or terminate, and ORS 90.365 permits repair-and-deduct for essential services after proper notice.
Under ORS 90.360, a tenant may recover actual damages or terminate the rental agreement for a material habitability failure. For loss of essential services, ORS 90.365 allows the tenant to procure substitute service and deduct the cost, recover damages, or obtain substitute housing and a rent abatement.
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