ORS 90.320
Landlord to maintain premises in habitable condition

  • agreement with tenant to maintain premises

(1)

A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

(a)

Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

(b)

Plumbing facilities that conform to applicable law in effect at the time of installation, and maintained in good working order;

(c)

A water supply approved under applicable law that is:

(A)

Under the control of the tenant or landlord and is capable of producing hot and cold running water;

(B)

Furnished to appropriate fixtures;

(C)

Connected to a sewage disposal system approved under applicable law; and

(D)

Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

(d)

Adequate heating facilities that conform to applicable law at the time of installation and maintained in good working order;

(e)

Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and maintained in good working order;

(f)

Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

(g)

Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

(h)

Floors, walls, ceilings, stairways and railings maintained in good repair;

(i)

Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

(j)

Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270 (Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector), but not to include the tenant’s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (Tenant duties) (1);

(k)

A carbon monoxide alarm, and the dwelling unit:

(A)

Contains a carbon monoxide source; or

(B)

Is located within a structure that contains a carbon monoxide source and the dwelling unit is connected to the room in which the carbon monoxide source is located by a door, ductwork or a ventilation shaft; or

(L)

Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises that the tenant is entitled under the rental agreement to occupy to the exclusion of others and keys for those locks that require keys.

(2)

The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

(a)

The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

(b)

The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

(c)

The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

(3)

Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place shall not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility shall be governed by ORS 90.730 (Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition), not by this section. [Formerly 91.770; 1993 c.369 §6; 1995 c.559 §15; 1997 c.249 §32; 1997 c.577 §17; 1999 c.307 §20; 1999 c.676 §11; 2009 c.591 §12; 2013 c.294 §9]

Source: Section 90.320 — Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises, https://www.­oregonlegislature.­gov/bills_laws/ors/ors090.­html.

Notes of Decisions

Damages for emotional distress are not available for landlord’s nonculpable or negligent failure to maintain premises in habitable condition under this section. Brewer v. Erwin, 287 Or 435, 600 P2d 398 (1979)

The application of this section does not result in an unconstitutional taking of property. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

The distinction drawn in this section between landlords and tenants by granting certain rights to tenants and placing certain responsibilities on landlords does not violate equal protection. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

This section does not unconstitutionally impair the ability to contract. Marquam Investment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Where no evidence to show by what amount conditions claimed to render house uninhabitable diminished its rental value, trial court properly dismissed action for diminished value under this section. Lane v. Kelley, 57 Or App 197, 643 P2d 1397 (1982), Sup Ct review denied

Plaintiffs, who had requested jury instruction that included statement that dwelling unit be considered uninhabitable if lacking adequate heating facilities maintained in good order, were entitled to have their theory of case presented to jury. Paprock v. Defenbaugh, 71 Or App 624, 693 P2d 654 (1984), Sup Ct review denied

Patio deck within residential tenant’s exclusive control was “floor” within meaning of this section and landlord was required to maintain floor in good repair. Humbert v. Sellars, 300 Or 113, 708 P2d 344 (1985)

Oregon courts have not recognized implied warranty of habitability. Bellikka v. Green, 306 Or 630, 762 P2d 997 (1988)

Covering over swimming pool skimmer in tenant’s backyard constituted “floor” under this section and landlords were thus required to maintain covering in “good repair.” Appleberry v. Berry, 98 Or App 398, 779 P2d 205 (1989), Sup Ct review denied

Unhabitable condition causing statutory violation does not depend on landlord knowledge of condition. Davis v. Campbell, 327 Or 584, 965 P2d 1017 (1998)

Law Review Citations

16 WLR 854 (1980)

90.100
Definitions 90.105
Short title 90.110
Exclusions from application of this chapter 90.112
Maximum occupancy limit 90.113
Additional exclusion from application of chapter 90.115
Territorial application 90.120
Applicability of other statutory lien, tenancy and rent provisions 90.125
Administration of remedies 90.130
Obligation of good faith 90.135
Unconscionability 90.140
Types of payments landlord may require or accept 90.145
Tenant or applicant who conducts repairs, routine maintenance or cleaning services not employee of landlord 90.147
Delivery of possession 90.148
Landlord acts that imply acceptance of tenant abandonment or relinquishment of right to occupy 90.150
Service or delivery of actual notice 90.155
Service or delivery of written notice 90.160
Calculation of notice periods 90.220
Terms and conditions of rental agreement 90.222
Renter’s liability insurance 90.228
Notice of location in 100-year flood plain 90.230
Rental agreements for occupancy of recreational vehicle in park 90.243
Qualifications for drug and alcohol free housing 90.245
Prohibited provisions in rental agreements 90.250
Receipt of rent without obligation to maintain premises prohibited 90.255
Attorney fees 90.260
Late rent payment charge or fee 90.262
Use and occupancy rules and regulations 90.263
Vehicle tags 90.265
Interest in alternative energy device installed by tenant 90.275
Temporary occupancy agreement 90.295
Applicant screening charges 90.297
Prohibition on charging deposit or fee to enter rental agreement 90.300
Security deposits 90.302
Fees allowed for certain landlord expenses 90.303
Evaluation of applicant 90.304
Statement of reasons for denial 90.305
Disclosure of certain matters 90.310
Disclosure of legal proceedings 90.315
Utility or service payments 90.316
Carbon monoxide alarm 90.317
Repair or replacement of carbon monoxide alarm 90.318
Criteria for landlord provision of certain recycling services 90.320
Landlord to maintain premises in habitable condition 90.322
Landlord or agent access to premises 90.323
Maximum rent increase 90.324
Calculation of maximum rent increase 90.325
Tenant duties 90.340
Occupancy of premises as dwelling unit only 90.360
Effect of landlord noncompliance with rental agreement or obligation to maintain premises 90.365
Failure of landlord to supply essential services 90.367
Application of security deposit or prepaid rent after notice of foreclosure 90.368
Repair of minor habitability defect 90.370
Tenant counterclaims in action by landlord for possession or rent 90.375
Effect of unlawful ouster or exclusion 90.380
Effect of rental of dwelling in violation of building or housing codes 90.385
Retaliatory conduct by landlord 90.390
Discrimination against tenant or applicant 90.391
Information to veterans required in notice 90.392
Termination of tenancy for cause 90.394
Termination of tenancy for failure to pay rent 90.396
Acts or omissions justifying termination 24 hours after notice 90.398
Termination of tenancy for drug or alcohol violations 90.401
Remedies available to landlord 90.403
Taking possession of premises from unauthorized possessor 90.405
Effect of tenant keeping unpermitted pet 90.410
Effect of tenant failure to give notice of absence 90.412
Waiver of termination of tenancy 90.414
Acts not constituting waiver of termination of tenancy 90.417
Duty to pay rent 90.420
Enforceability of landlord liens 90.425
Disposition of personal property abandoned by tenant 90.427
Termination of tenancy without tenant cause 90.429
Termination of tenancy for certain rented spaces not covered by ORS 90.505 to 90.850 90.430
Claims for possession, rent, damages after termination of rental agreement 90.435
Limitation on recovery of possession of premises 90.440
Termination of tenancy in group recovery home 90.445
Termination of tenant committing criminal act of physical violence 90.449
Landlord discrimination against victim 90.453
Termination by tenant who is victim of domestic violence, sexual assault or stalking 90.456
Other tenants remaining in dwelling unit following tenant termination or exclusion due to domestic violence, sexual assault or stalking 90.459
Change of locks at request of tenant who is victim of domestic violence, sexual assault or stalking 90.460
Alternate exit from bedroom required 90.462
Electric vehicle charging stations 90.465
Right of city to recover from owner for costs of relocating tenant due to condemnation 90.472
Termination by tenant called into active state service by Governor 90.475
Termination by tenant due to service with Armed Forces or commissioned corps of National Oceanic and Atmospheric Administration 90.485
Restrictions on landlord removal of vehicle 90.490
Prohibited acts in anticipation of notice of conversion to condominium 90.493
Prohibited acts following notice of conversion to condominium 90.505
Definitions for ORS 90.505 to 90.850 90.510
Statement of policy 90.512
Definitions for ORS 90.514 and 90.518 90.514
Disclosure to prospective tenant of improvements required under rental agreement 90.516
Model statement for disclosure of improvements required under rental agreement 90.518
Provider statement of estimated cost of improvements 90.525
Unreasonable conditions of rental or occupancy prohibited 90.527
Renter’s liability insurance in park 90.528
Use of common areas or facilities 90.530
Pets in facilities 90.545
Fixed term tenancy expiration 90.550
Permissible forms of tenancy 90.555
Subleasing agreements 90.560
Definitions for ORS 90.560 to 90.584 90.562
Utility and service charges 90.564
Charge for cable, satellite or Internet 90.566
Conversion to direct billing for garbage service 90.568
Pro rata billing 90.570
Public service charge pro rata apportionment 90.572
Submeter billing 90.574
Conversion to submeter or pro rata billing for water 90.576
Legislative findings 90.578
Conversion to submeter or direct billing for large parks 90.580
Entry to read submeter 90.584
Park specific billing for water 90.600
Increases in rent 90.605
Persons authorized to receive notice and demands on landlord’s behalf 90.610
Notice of proposed change in rule or regulation 90.620
Termination by tenant 90.630
Termination by landlord 90.632
Termination of tenancy due to physical condition of manufactured dwelling or floating home 90.634
Prohibition against lien for rent 90.640
Park damaged by natural disaster 90.643
Conversion of park to planned community subdivision of manufactured dwellings 90.645
Closure of park 90.650
Notice of tax provisions to tenants of closing park 90.655
Park closure notice to nontenants 90.660
Local regulation of park closures 90.671
Closure of marina 90.675
Disposition of manufactured dwelling or floating home left in facility 90.680
Sale of dwelling or home on rented space 90.710
Causes of action 90.720
Action to enjoin violation of ORS 90.750 or 90.755 90.725
Landlord or agent access to rented space 90.727
Maintenance of trees in rented spaces 90.729
Temporary movement of floating home 90.730
Landlord duty to maintain rented space, vacant spaces and common areas in habitable condition 90.732
Landlord registration 90.734
Manager or owner continuing education requirements 90.736
Civil penalties 90.738
Enforcement of registration and education requirements 90.740
Tenant obligations 90.750
Right to assemble or canvass in facility 90.755
Right to speak on political issues 90.765
Prohibitions on retaliatory conduct by landlord 90.767
Mandatory mediation 90.769
Informal dispute resolution 90.771
Confidentiality of information regarding disputes 90.775
Rules 90.800
Policy 90.840
Park purchase funds, loans 90.842
Notice of sale of facility 90.844
Procedures for purchase of facility by tenants 90.846
Notices and processes in facility transfer 90.848
Exceptions to facility transfer requirements 90.849
Notice of conveyance 90.850
Owner affidavit certifying compliance with requirements for sale of facility 90.860
Definitions for ORS 90.865 to 90.875 90.865
Dealer notice of rent payments and financing 90.870
Manner of giving notice 90.875
Remedy for failure to give notice
Green check means up to date. Up to date

Current through early 2024

§ 90.320’s source at oregon​.gov