Oregon Renters' Handbook - OSPIRG

Chapter 8: Moving Out “qualified third party verification”form (see sample formin Appendix D) stating thatyou have survived domesticviolence, sexual assault orstalking in the last 90 days.Landlord’s DutiesThe law provides that: sonablesteps to find a newtenant (“mitigate losses”); bilitiesend as soon as a newtenancy begins; and rent from the former tenantif the landlord fails to makereasonable efforts to re-rentthe premises as soon as noticehas been given. (90.410(3)For example, if the formertenant can find someone whocan take over as a new tenant,the landlord will need a goodreason to reject the new tenantin order to hold the old tenantresponsible for any future rent.“Fix or I Quit”ORS 90.360(1) permits a tenantto serve a written “fix or I quit”notice if the landlord “materially”violates the habitabilityrequirements of the landlord’sobligations. (See Fix or I Quit)If the landlord fails to remedythe problem within the timeallowed, the tenancy terminateson the day specified in the notice.(Remember to add 3 daysfor mailing.) If you terminate inthis manner, you are not responsiblefor any rent due after thetermination, and are entitledto recover prepaid rent and anyotherwise refundable deposit.(90.360(5)) (See Fix or I Quit)Other Irregular TerminationsOther violations which give atenant the right to terminate arental agreement are: the landlord (90.375); (90.322(8)); service decrease, or threat ofwww.ospirgstudents.orgOSPIRG53