Oregon Renters' Handbook - OSPIRG

Chapter 6: RepairsPhysical injury and emotionaldistress damages arealso “actual damages,” and may bedoubled when ORS 90.375 applies(See Damages for Physical & EmotionalDistress)Withholding Rent –Things to ConsiderIf y ou w ithhold rent, y ou risk beingtaken to court and evicted. Itis not generally recommended.A landlord’s violation of repairobligations may provide a tenanta defense to the payment ofrent or to an eviction based onnonpayment of rent. (90.370)This means that a tenant canlegally withhold rent as a partof enforcing one of the aboveremedies (or enforcing a generalprovision—see What the AgreementCan Include.)Warning! Withholding rent is nota frivolous step. The chance of endingup in court is great, and an attorneyshould be consulted before withholdingrent. Talk to an attorney that hasexperience in landlord-tenant law, hasagreed to represent you in evictioncourt, and has taken your rent moneyand put it in a special escrow account.Step back from your case for amoment and objectively (fromthe perspective of a propertyowner or a judge) decide if youlook credible. Ask yourself thefollowing questions: and with honesty in the conductof the transaction? that justice is on your side? show that you are not simplytrying to cheat the landlord?If the landlord sues for themoney deducted from therent by the tenant, then the tenant maycounterclaim for any amount up to thelimit of the court in which the action isbrought. (90.370) The counterclaim isin addition to defending the action forrent or possession on the same basisas outlined above.46Oregon Renters’ Handbook