ORS 90.320 - Oregon Landlord Repair and Habitability Obligations

Short answer

Under ORS 90.320, an Oregon landlord must keep the rental in a habitable condition - including weatherproofing, plumbing, heating, hot and cold running water, electrical systems, structural integrity, smoke and CO alarms, and freedom from significant pest infestations. Tenants who give proper written notice of a defect may have remedies under ORS 90.360, 90.365, and 90.368 if the landlord fails to act within statutory timeframes.

Core habitability requirements - ORS 90.320(1)

The unit must include effective weatherproofing of roof and exterior walls, working plumbing and electrical systems, hot and cold running water, adequate heat, working smoke and CO alarms, safe and sanitary common areas, garbage receptacles, and freedom from material infestations existing at start of tenancy.

Essential vs. non-essential defects

ORS 90.365 governs essential-service failures - heat, hot or cold water, electricity, plumbing - and gives tenants faster remedies. ORS 90.360 covers non-essential habitability defects with longer landlord response windows.

Tenant notice and landlord response

Tenants must give the landlord written notice describing the defect. For non-essential issues, ORS 90.360 generally gives the landlord 30 days to begin reasonable repairs. For essential-service failures, the response window is materially shorter - measured in hours or days.

Tenant remedies under ORS 90.360 / 90.365 / 90.368

Available remedies (depending on the defect type and notice given) include rent abatement (diminished rental value), substitute housing reimbursement (essential services), repair-and-deduct up to statutory caps (ORS 90.368), and tenant termination of the tenancy.

What landlords should document

Keep written maintenance requests, dated photos, contractor invoices, and a maintenance log. The single most common landlord mistake is failing to respond in writing to a tenant's written notice - silence is treated as inaction.

Frequently asked

What repairs is an Oregon landlord required to make?

ORS 90.320 requires weatherproofing, plumbing, heat, hot/cold water, electrical, smoke and CO alarms, safe common areas, and freedom from infestations existing at the start of tenancy.

How fast does the landlord have to respond to a repair request?

Non-essential defects: roughly 30 days under ORS 90.360. Essential services (heat, water, electricity, plumbing): hours to a few days under ORS 90.365.

What is considered an 'essential service' in Oregon?

Heat, hot or cold running water, electricity, and working plumbing under ORS 90.365.

Can the tenant repair and deduct?

Yes, in limited situations under ORS 90.368 - using a licensed contractor and within statutory dollar caps.

Does the tenant have to give written notice?

Yes. Both ORS 90.360 and 90.365 require written notice describing the defect before remedies are available.

Source references

  • ORS 90.320
  • ORS 90.360
  • ORS 90.365
  • ORS 90.368

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Propsistant provides general landlord-tenant information from selected statutes and official sources. It is not a law firm, does not provide legal advice, does not create an attorney-client relationship, and is not a substitute for a licensed attorney in your jurisdiction.