Oregon Renters' Handbook - OSPIRG

Chapter 6: Repairssuing the landlord or defendingagainst an eviction. The tenantcan also end the tenancy underthis section.The Act’s general provisionfor habitability remediesapplies to all material violations of therental agreement (90.360(2)) as wellas to violations of the landlord’shabitability obligations. However, thetenant must prove that the landlordknew or should have known of theproblem(s) in the counterclaim.(90.370) Tenants can choose toenforce either general remedies oressential remedies, but not both.Choose the one which seems bestgiven the desired outcome, the risksbeing taken, and the strength of thecase. In many cases, reaching anagreement with the landlord will bestsolve the problem.Repairing a Minor DefectIf your landlord fails to makea repair that would reasonablycost less than $300, suchas leaky plumbing, faulty lightswitches, or a stopped up toilet,you may be able to hire out therepair yourself, and deduct thecost from your next month’srent (90.368(2)). Before you dothis, you must give your landlordwritten notice that containsa description of the problemand your intention to have therepair made and to deduct thecost unless the landlord fixesthe problem by a specific date atleast 7 days after delivery of thenotice (90.368(3)).If your landlord doesn’t makethe repair by the specified date,you can hire someone to have itdone and deduct the cost fromyour next month’s rent, as longas you provide a receipt. Therepairs must be made by a qualifiedrepair person. You may notmake the repairs yourself anddeduct the cost (90.368(4)).There are several exceptions tothis remedy. For example, underthe Act you cannot deduct thecost of a repair if: problem after the specifieddate, but before the personyou hire makes the repair;40Oregon Renters’ Handbook