The landlord has a responsibility to take care of all repairs. If the needed repairs are caused by the tenant, their guest or pet, the landlord may bill the tenant for the cost of those repairs.

Landlord Rights & Responsibilities

The landlord must keep the rental "habitable" at all times. (90.320(1))

Habitable means:

• a weatherproof and waterproof exterior, roof, walls, doors, and windows;
• approved plumbing facilities in good working order;
• hot and cold running water from an approved water supply connected to an approved sewage system, and maintained in good working order;
• safe drinking water to the extent the landlord can control the system; 
• adequate and approved heating facilities in good working order;
• electric lighting, wiring, and equipment, approved and in good working order;
• when the tenant moves in, the rental has clean and sanitary buildings and grounds, is free from accumulation of debris, filth, rubbish, garbage, rodents and vermin, and is safe for normal and reasonable uses. These standards continue to apply only to common areas in the landlord's control after the tenant moves in;
• adequate garbage receptacles. It may be the tenant's responsibility to pay for garbage collection if specified in the rental agreement.
• floors, walls, ceilings, stairs and railings in good repair;
• if provided, ventilation or air conditioning, elevators, or other facilities and appliances (washers, dryers, stoves, refrigerators, etc.), in good working order;
• safety from fire hazards;
• working smoke detectors with working batteries provided only at the beginning of the tenancy (the tenant is responsible for testing the device inside the unit, and the landlord is responsible for testing in common areas);
• working locks for all outside doors except doors to common areas, and keys to locks that require keys;
• working latches for all windows that open (except common areas), unless fire or safety regulations prohibit them.

Many cities have additional habitability standards.

Notify the Landlord of Needed Repairs

If something needs to be repaired, first notify the landlord. Keeping good written documentation is one of the best ways a tenant can protect their rights. Tenants can write a letter to the landlord asking for repairs. In the letter, specify what repairs need to be done and when would be a good time for the landlord to access the premises to make the repairs.

Tip:  Keep a copy of every letter to and from your landlord.

Tenant-Requested Repairs

If the tenant requests repairs in writing, the landlord may enter the unit without further notice. Unless the tenant's notice specifies times, the landlord may enter at any reasonable time for up to 7 days after the tenant's request to make the repairs. (90.322(c)) If someone other than the landlord does the repairs, the person must provide the tenant, upon the tenant's request, with written authority from the landlord to make the repairs. (See Access, below)

Access

A landlord may enter the tenant's dwelling to:

• inspect the premises;
• make necessary or agreed repairs, decorations, alterations, or improvements;
• supply necessary or agreed-upon services; or
• show the dwelling unit to prospective or actual purchasers, mortgagors, tenants, workers, or contractors. (90.322)

Notice of Entry

Unless the landlord and the tenant agree otherwise, the landlord must give the tenant at least 24 hours' written or verbal notice of intent to enter the premises. This notice is required, except for emergencies, for all repairs and maintenance work initiated by the landlord, or any other permitted reason. They may then enter at a reasonable time as agreed to by the tenant and the landlord.

The tenant may deny consent to entry. To do so, the tenant must give written or verbal notice to the landlord denying entrance, or post it on the front door of the dwelling. The tenant must, however, provide reasonable access to the landlord. (See Abuse of Access)

Showing the Dwelling Unit to a Prospective Renter

A tenant and landlord may reach an agreement to show the dwelling unit to a would-be renter without notice to the current tenant provided that the agreement is in a written form separate from the original agreement and signed by both parties, and is referred to by the written agreement. (90.322(1)(d))

Legal Entry without Consent

The landlord may enter the rental without notice or consent in an emergency, which includes a repair problem which must be repaired immediately to avoid serious damage.

Note:   The landlord must provide written or verbal notice within 24 hours after an emergency entry.

Other times the landlord may come onto the tenant’s property:

• when the tenant has requested repairs in writing;
• when the tenant has been absent for more than 7 days and entry is reasonably necessary;
• pursuant to a legal order;
• when the tenant has abandoned or surrendered the premises; orto come onto the property in order to serve a notice.

The landlord shall not abuse the right to access or use it to harass the tenant, nor shall the tenant unreasonably deny access to the landlord. (90.322)

Abuse of Access

If the landlord makes an unlawful entry, a lawful entry in an unreasonable manner, or repeated demands for entry which harasses the tenant, the tenant may obtain a court order or end the rental agreement. The tenant can recover damages amounting to no less than one month's rent. (90.322(8))

If the tenant unreasonably withholds access, the landlord may obtain an injunction or terminate the rental agreement. The landlord may also recover actual damages. (90.322(7))

Negotiation

A tenant or landlord may sometimes wish to make changes which are not covered by the contract and/or the Act. Changes could include dropping or adding house rules, allowing or prohibiting pets, doing some painting, or providing a new service such as washing machines.

If there are no problems with essential services or contract compliance, your best bet is to try friendly negotiation. If tenants have problems with essential services or contract compliance, they may use those problems as an occasion to organize and exert pressure for other needed changes. Organizing tenants towards a common purpose is legally protected.

Tenant Remedies for Lack of General Repairs

The statute separates general maintenance into two categories: general services and essential services. If the landlord fails to repair a problem, the tenant may fall back on the general remedies section of the Act. The general remedies provided by 90.360 are damages and relief through a legal order (injunction) which can be asserted by suing the landlord or defending against an eviction. The tenant can also end the tenancy under this section.

Note:   The Act's general provision for habitability remedies applies to all material violations of the rental agreement (90.360(2)) as well as to violations of the landlord's habitability obligations. However, the tenant must prove that the landlord knew or should have known of the problem(s) in the counterclaim. (90.370) Tenants can choose to enforce either general remedies or essential remedies, but not both. Choose the one which seems best given the desired outcome, the risks being taken, and the strength of the case. In many cases, reaching an agreement with the landlord will best solve the problem.

Repairing a Minor Defect

If your landlord fails to make a repair that would reasonably cost less than $300, such as leaky plumbing, faulty light switches, or a stopped up toilet, you may be able to hire out the repair yourself, and deduct the cost from your next month's rent (90.368(2)). Before you do this, you must give your landlord written notice that contains a description of the problem and your intention to have the repair made and to deduct the cost unless the landlord fixes the problem by a specific date at least 7 days after delivery of the notice (90.368(3)).

If your landlord doesn't make the repair by the specified date, you can hire someone to have it done and deduct the cost from your next month's rent, as long as you provide a receipt.  The repairs must be made by a qualified repair person.  You may not make the repairs yourself and deduct the cost (90.368(4)).

There are several exceptions to this remedy. For example, under the Act you cannot deduct the cost of a repair if:

• if your landlord fixes the problem after the specified date, but before the person you hire makes the repair;
• if you prevent your landlord from making the repair anytime before the specified date;
• if the problem was caused by negligence or deliberate act on your part, the part of another tenant, or a guest (90.368(5))

"Fix or I Quit" – Tenant Termination for Cause

This remedy is applicable for breaking a fixed-term rental agreement before the term is up. (90.360) Month-to-month tenants may terminate on 30-days’ notice with or without a reason. (See Regular Terminations) If the landlord has failed to live up to their part of the contract or has violated the Landlord Obligations in a way that substantially affects the value of the tenancy to the tenant, the tenant may:

• deliver a written notice listing any and all breaches of the contract;
• the notice may state that if the breaches are not cured within 30 days (7 days in the case of essential services), then the agreement will terminate at the end of that 30 days.

If the breach is fixed (by repair, payment of damages, etc.) before the date specified in the notice, the agreement is not terminated.

Recurring Problem

If the same general problem recurs within 6 months, the tenant may terminate the agreement upon 14 days written notice. The notice must again specify the problem and the date of termination of the rental agreement.

Return of Deposits after Termination

If the agreement is terminated due to the landlord's breach, the tenant is entitled to the return of all prepaid rent and deposits except for the amount necessary to cover damages caused by the tenant. Additionally, the tenant may sue to recover any damages (e.g. moving expenses).

Suits Against the Landlord

The tenant may recover damages and get a legal order (injunction) to fix the problem.

Warning: Court costs and attorney fees may be charged to the losing party, which could be the tenant initiating the claim.

This remedy may be the best tactic if the tenant can find a lawyer and if the other remedies don’t fit the case. Often, a landlord will negotiate a settlement rather than face an expensive court battle.

Typically, the tenant in the case would include a detailed statement of everything that is wrong with the rental situation (habitability, poor management, etc.) and would ask for:

• a court order requiring the landlord to make repairs and fix the problems according to a strict schedule;
• damages which could include part or all of the rent which has already been paid, the cost of repairs, any penalty provided by the Act, as well as damages suffered by the tenant(s) for living under such conditions;
• a court order forbidding any evictions for any reason, unless the eviction is approved by the court where the case is pending.

Defending Against An Eviction Action

The tenant's right to damages under 90.360 can be used as a defense against an eviction action based upon nonpayment of rent. However, the tenant must prove that the landlord knew or should have known of the habitability violations before the eviction (e.g., a copy of a letter listing the violations that is certified by the post office to have been sent). (90.370(1)(a)) The tenant may then counterclaim in an eviction action for damages and injunctive relief for repairs.

If the tenant counterclaims, the court may require the tenant to pay rent into court. The amount of the counterclaim is limited based on which court the case is in. Tenants should have access to an attorney before taking steps in this direction.

Tenant Remedies for Lack of Essential Services

The Act has special rules and remedies for getting repairs done for essential services. However, the general remedies above may also be applied to get essential services repaired.

Warning: Use these remedies with extreme caution and preferably with the help of an attorney. Some attorneys say that the general remedies are almost always a better choice because of the complexity and limitations of the essential services remedies. You can't use both remedies! A tenant who adopts one of these essential service remedies cannot also end the rental agreement for that breach as under the General Remedies (“Fix or I Quit”). (90.365(5))

The Essential Services

Essential services are defined as:

• heat;
• plumbing;
• hot and cold running water;
• gas (when applicable);
• electricity;
• light fixtures;
• locks for exterior doors;
• latches for windows;
• any cooking appliance or refrigerator supplied or required to be supplied by the landlord;
• any other service specified in the rental agreement, the lack of which creates a serious threat to your health, safety, or property, or makes the home unfit to occupy. (90.100(10))

Notify the Landlord

Tenants do best when they notify the landlord of the problem in writing. Notice can be delivered personally or sent by first class mail. Keep a copy of the letter for your records.

Under the essential services remedies, the tenant must allow the landlord reasonable time and reasonable access to provide the essential service. What qualifies as reasonable depends on the circumstances.

Note:   Under the essential services remedies, a tenant's rights do not take effect until the tenant has notified the landlord, or has made a serious attempt to do so in the case of an emergency.

The tenant loses these rights if they caused the damages. This could be tricky in a case like frozen pipes. However, it does not relieve the landlord from the responsibility of repairing the problem.

Prepare Some Proof

Write down everything that is wrong as it happens. You will need this information for your letter to the landlord. Get it verified by a friend, or better yet, by a housing or fire inspector. The inspector's report will be sent to the landlord, but you must ask for a copy for yourself. Other forms of evidence that you might use include photos, repair estimates, receipts, and names of any repair persons involved.

If the landlord chooses to contest your claim that it was an essential service or that they were negligent, this proof will be important. If your problem is a real disaster and things happen too fast for you to establish proof from the beginning, write down everything that happened as soon as you can.

The Remedies

If your landlord continues to fail to supply an essential service, you may give written notice to your landlord that specifies the problem and:

• procure the essential service yourself and deduct the actual cost (up to $300) from your rent; or
• sue for damages based on the lowered rental value

For the first option, write to the landlord and give them at least 7 days to fix the problem. In the letter, let landlord know that if it isn't fixed after 7 days, that you intend to procure the service yourself and deduct the actual and reasonable cost of repairs (up to $300) from the rent. This is only allowed if provided that the repair is made by a licensed or registered professional and the needed repair prevents an imminent threat to the tenant’s health or safety. The landlord may specify the party who is to do the work.

Additionally, if the lack of essential services makes your place unsafe or unfit to occupy, you may:

• Procure substitute housing, in which case you are excused from paying rent, and you may be able to recover damages from the landlord if the cost of comparable and reasonable substitute housing in excess of your rent (90.365(1)(c))

If your landlord fails to provide essential services in a way that that poses a serious and imminent threat to your safety, health, or property, you may also simply give your landlord 48 hours written notice to end your rental agreement and move out.

There several exceptions to the remedies for lack of essential services.  For example, your landlord would not be considered to be negligently or purposely failing to supply an essential service:

• if the landlord is making reasonable and good faith efforts to supply the service, and the circumstances are beyond the landlord's control;
• if the problem was caused by deliberate or negligent action on your part, or the part of another tenant or guest.

Willfully Refusing to Provide Essential Services and Unlawful Ouster

If the landlord unlawfully locks out the tenant or willfully cuts off, or seriously threatens to cut off any essential service, the tenant may recover up to two months rent or twice the actual damages, whichever is greater.  The tenant may also terminate the rental agreement at which time the landlord must return all deposits and prepaid rent. (90.375)

Note:   Physical injury and emotional distress damages are also "actual damages," and may be doubled when ORS 90.375 applies (See Damages for Physical & Emotional Distress)

Withholding Rent – Things to Consider

If you withhold rent, you risk being taken to court and evicted. It is not generally recommended.

A landlord's violation of repair obligations may provide a tenant a defense to the payment of rent or to an eviction based on nonpayment of rent.  (90.370) This means that a tenant can legally withhold rent as a part of enforcing one of the above remedies (or enforcing a general provision -- see What the Agreement Can Include.)

Warning: Withholding rent is not a frivolous step. The chance of ending up in court is great, and an attorney should be consulted before withholding rent. Talk to an attorney that has experience in landlord-tenant law, has agreed to represent you in eviction court, and has taken your rent money and put it in a special escrow account.

Step back from your case for a moment and objectively (from the perspective of a property owner or a judge) decide if you look credible. Ask yourself the following questions:

• Have you acted in good faith and with honesty in the conduct of the transaction?
• Would it be clear to an outsider that justice is on your side?
• What do you need to do to show that you are not simply trying to cheat the landlord?

Note:   If the landlord sues for the money deducted from the rent by the tenant, then the tenant may counterclaim for any amount up to the limit of the court in which the action is brought. (90.370) The counterclaim is in addition to defending the action for rent or possession on the same basis as outlined above.