What is an 'essential service' under Oregon ORS 90.365?
Heat, hot and cold running water, electricity, and working plumbing. Other services materially affecting health and safety can also qualify.
ORS 90.365 - Oregon Essential Services Failure Remedies
Short answer
If an essential service (heat, hot or cold water, electricity, plumbing) fails and the landlord has actual notice, ORS 90.365 lets the tenant (a) procure reasonable substitute housing and recover its cost, (b) recover diminished rental value for each day the service is missing, or (c) in certain cases, terminate the tenancy after notice and the landlord's failure to restore.
What counts as an 'essential service'
Heat, hot and cold running water, electricity, working plumbing, and other services materially affecting health and safety. The failure must be material - a brief power outage caused by a utility, not the landlord, generally is not covered.
Required tenant notice
The tenant must give the landlord actual notice - typically written - describing the failure. After notice, the landlord has a reasonable time (usually hours to a few days, depending on the service) to restore.
Substitute housing remedy
The tenant may procure reasonable substitute housing during the failure and recover its actual cost (limited to amounts comparable to rent), plus the diminished rental value of the unit for the same period.
Diminished rental value remedy
Alternatively, the tenant may stay in the unit and recover diminished rental value - the difference between the agreed rent and the actual fair value of the unit without the service - for each day the failure continues after notice.
Termination of tenancy
ORS 90.365 allows the tenant to terminate the tenancy in certain situations after notice and a continued failure. The specific procedure and notice period depend on the type of failure.
Documentation makes the case
Photos, written notice with date/time, repair tickets, substitute-housing receipts, and contemporaneous notes are what win or lose an essential-services dispute on both sides.
Frequently asked
Is a brief power outage covered?
Generally no - the failure must be material, not promptly fixed after notice, and within the landlord's control. Utility outages are usually not covered.
Can the tenant just move out?
ORS 90.365 allows termination in certain situations after notice and continued failure, with specific procedures. It is not an automatic right.
How much substitute housing can the tenant recover?
Reasonable cost - generally capped at amounts comparable to the tenant's rent for the same period.
Does the landlord owe rent abatement automatically?
Only the diminished rental value, and only after proper written notice and a reasonable time to restore.
Source references
- ORS 90.365
- ORS 90.320
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