Oregon Statewide Rule
Oregon Habitability and Repair Standards
Key Facts
- Core duty
- Maintain habitable dwelling (ORS 90.320)
- Required systems
- Heat, hot water, plumbing, electrical, locks
- Safety alarms
- Smoke and carbon monoxide alarms
- Cooling
- Required for buildings permitted after April 1, 2024
- Tenant remedies
- Damages, repair-and-deduct (ORS 90.360/.365)
Summary
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.
90.320 Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises 90.321 Testing of drinking water in ground water quality management area; report to tenants and Oregon Health Authority; rules; limits on data use 90.322 Landlord or agent access to premises; remedies 90.323 Maximum rent increase; exceptions; notice 90.324 Calculation of maximum rent increase; publication TENANT OBLIGATIONS 90.325 Tenant duties 90.340 Occupancy of premises as dwelling unit only; notice of tenant absence TENANT RIGHTS AND REMEDIES 90.355 Portable cooling device allowed; exceptions; landlord termination based on violation 90.358 Dwelling use as family child care home allowed; conditions 90.360 Effect of landlord noncompliance with rental agreeme
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
What must an Oregon landlord provide to keep a rental habitable?
What can an Oregon tenant do if repairs are not made?
Sources
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