Unlawful and Dangerous Rentals

If you find yourself in a significantly dangerous or unhealthy rental, you may be able to seek remedies under the Act. (90.380)

Cities with a population greater than 300,000 have the ability to "red tag" a building that doesn't meet habitation standards. (90.465) In Portland, if the landlord does not repair a building immediately, the City can force tenants to move. The City also has a fund for tenant relocation costs for which the landlord can be held liable.

Rental After Posting

If a landlord knowingly rents a unit to you after it has been posted by an appropriate agency as unlawful to occupy because of serious violations of state or local law, you may end the agreement immediately. To do so, give written notice and the reason for the termination.

If you terminate tenancy in this way, within 14 days, the landlord must return to you:

• all deposits and prepaid rent owed to you; and
• all rent prepaid for the month in which the termination happened (prorated if applicable) (90.380(6))

In addition, regardless of whether you terminate tenancy, you may recover from the landlord within 14 days:

• two months' periodic rent; or
• up to twice the actual damages, whichever is greater. (90.380(2)(b))

Posting After Rental

If a governmental agency posts your dwelling as unsafe and unlawful to occupy, but does so after you have  entered into a rental agreement with your landlord, and the conditions were not caused by you, then you may immediately end the agreement by giving written notice and the reason for the termination.

If the problems were not caused by the landlord's negligence, the landlord may also end the tenancy with a 24-hour written notice of termination and the reason for termination.

Within 14 days, you may recover:

• All deposits and prepaid rent owed to you; and
• All rent prepaid for the month the termination happened (prorated if applicable) (90.380(6))

Imminent and Serious Threat to Health & Safety

You may immediately end a rental agreement if you discover conditions within 6 months of moving into any rented premises which you did not cause and which pose an "imminent and serious threat" to your health or safety. The example that prompted the term was the use of homes to manufacture methamphetamines. If such a situations arises, you must give the landlord verbal or written notice of the termination and the reason. (90.380(7))

Note:   The property does not have to be posted by a government agency for the tenant to recover damages under this section.

If the condition existed when you moved in, you are entitled to recover from the landlord within 4 days:

• All security deposits;
• All prepaid rent: and
• Any rent already paid for that month, prorated to the day you move out.

You can have the money returned either at the landlord's normal place of business or by first class mail.

Penalty: If the landlord knew, or should have known, of the poor conditions, you may be able to recover either 2 months' rent or twice the actual damages (90.380(7))

Damages for Physical & Emotional Distress

The courts recognize that a tenant's stake in a rented house or apartment is more than purely financial. When tenants are abused by a landlord, or forced to live in substandard conditions, they often lose more than the benefits of a business agreement; they can also lose health and peace of mind. The courts provide a remedy for these types of damages.

You may recover damages for any emotional distress caused if a landlord deliberately:

• Locks you out;
• Shuts off your utility service (90.375);
• Retaliates against you for asserting your rights (90.385); or
• Destroys property left behind after you move out. (90.425)

If you are injured as a result of a violation of the landlord's obligations, you can recover typical personal injury damages as well as monetary costs resulting from the violation.

Other Sources of Remedies

The Act is not the sole source of remedies on which tenants can rely. For example, if a landlord assaults you (or if the tenant assaults the landlord), damages can be had on the grounds of civil assault. A tenant can also sue for damages for personal injuries caused by a code violation, whether or not the tenant also has a claim that the condition violated the Act.