Effect of landlord noncompliance with rental agreement or obligation to maintain premises
- generally
Source:
Section 90.360 — Effect of landlord noncompliance with rental agreement or obligation to maintain premises; generally, https://www.oregonlegislature.gov/bills_laws/ors/ors090.html (accessed May 26, 2025).
Notes of Decisions
Injunction requiring landlord to “bring the premises into compliance with the City of Portland Housing Codes” exceeded remedial authority granted by this section to extent code compliance was not embodied in or did not coincide with habitability requirements of [former] ORS 91.770. L & M Investment Co. v. Morrison, 44 Or App 309, 605 P2d 1247 (1980), Sup Ct review denied
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
City termination of water service deprived tenants of property right in cause of action for injunctive relief. Turpen v. City of Corvallis, 26 F3d 978 (9th Cir. 1994)
Landlords may not raise comparative fault, or other defenses not found in ORS chapter 90, as defense to habitability claims. Thomas v. Dillon Family Limited Partnership II, 319 Or App 429, 511 P3d 43 (2022), Sup Ct review denied
Law Review Citations
16 WLR 846 (1980)