Chapter 7: Other Remedies for Extreme Situations

A. Unlawful and Dangerous Rentals
B. Damage for Physical and Emotional Distress
C. Other Sources of Remedies

A: Unlawful and Dangerous Rentals

The act describes three different circumstances under which tenants may obtain remedies for significantly dangerous or unhealthy rentals. (90.380)

Some cities have the ability to "red tag" a building that doesn't meet habitation standards. (90.940) 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 after it has been posted by an appropriate agency as unlawful to occupy because of serious violations of state or local law, the new tenant may end the agreement immediately. The tenant must give actual (verbal of written) notice, the reason for the termination, and may recover within 14 days:

two months' periodic rent; or
up to twice the actual damages, whichever is greater.

Posting After Rental

If a governmental agency posts the dwelling as uninhabitable after the landlord and tenant enter into a rental agreement, and the conditions were not caused by the tenant (i.e., the roof blew off, earthquake, fire), the tenant may immediately end the agreement by giving actual 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, the tenant may recover:

all security deposits;
all prepaid rent; and
any rents already paid for that month, prorated to the day the tenant moves out.

In turn, if the conditions were not caused by the landlord (i.e., a tree fell onto a roof because of strong winds), a 24-hour written notice and the reason for the termination.

Imminent and Serious Threat to Health & Safety

A tenant may immediately end a rental agreement if he discovers conditions within 6 months of moving into any rented premises which he did not cause and which pose an "imminent and serious threat" to his health or safety. The example that prompted the term was the use of homes to manufacture methamphetamines. If such a situations arises, the tenant must give the landlord actual notice (verbal or written) of the termination and the reason. (90.380(5))

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

If the condition existed when the tenant moved in, the tenant is entitles 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 the tenant moves out.

The tenant can have the moneys returned either at the landlord's normal place of business or by first class mail.

Penalty: If the landlord knew of the poor conditions, the tenant may receive either 2 months' rent or twice the actual damages (90.380(5))

B. Damage for Physical & Emotional Distress

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

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

locks the tenant out;
shuts off utility service (90.375):
retaliates against the tenant for asserting her rights (90.385); or
destroys her property left behind after she moves out. (90.425(7))

If tenant is injured as a result of a violation of the landlord's obligations, the tenant can recover typical personal injury damages (probably including pain and suffering) as well as monetary costs resulting from the violation. For example, if a tenant breaks an ankle because of a faulty stair tread, she should be able to recover lost wages, medical expenses, and damages for pain and suffering.

C. 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 assaults. 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.

Chapter 6: Repairs | Top | Chapter 8: Moving Out
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