Landlord Tenant Booklet - English PDF

Landlord - Tenant Lawin Oregon

Rental Agreements

Deposits

Getting Repairs Done

Evictions

Legal Aid Services of Oregon Community Education Series

2010

2

Visit our websitewww.oregonlawhelp.org

2010 by Legal Aid Services of Oregon Reproduction or translation encouraged for FREE distribution only.

IMPORTANT! This booklet is for general educational use only. It is not a substitute forthe advice of an attorney. If you have a specific legal question, you shouldcontact an attorney. The information in this booklet is accurate as of May2010. Please remember that the law is always changing through the actionsof the courts, the legislature, and agencies. There is a one-year statute oflimitations on all claims brought under the Oregon Residential Landlordand Tenant Act. To sue your landlord for claims under this Act, you mustfile those claims in court within one year after you have been damaged.

iNote: In some of the answer sections of this booklet you will see references to ORS, which stands forOregon Revised Statutes. Chapter 90 of the Oregon Revised Statutes focuses on landlord-tenant law. Youcan view an online version of Chapter 90 at www.leg.state.or.us/ors/090.html. You do not need to readthese or any other laws to use this booklet.

Page NumbersLAWS AND ORGANIZATIONS THAT HELP CLIENTS . . . . . . . . . . . . . . . . . . . . . . . . 1

Residential Landlord and Tenant Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Does the law protect tenants?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. What if I havent discussed the terms of my tenancy with my landlord?.. . . . . . . . . . . . . 13. Do the landlord and tenant laws protect people who are living in a hotel or motel?. . . . . . 14. What are my rights if I rent space for a mobile home or houseboat?. . . . . . . . . . . . . . . . 2

Discrimination Against Tenants .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25. Can a landlord evict me, refuse to rent to me, or treat me differently because of my sex,

race, color, religion, marital status, sexual orientation, national origin, physical handicap,mental handicap, because I have a guide dog, or because of my source of income? . . . . 3

6. Does a landlord have to make a unit accessible if I have a disability? . . . . . . . . . . . . . . . 37. Can a landlord refuse to rent to me or treat me differently because I have children? . . . . . 38. Can a landlord rent to me if I am younger than 18? . . . . . . . . . . . . . . . . . . . . . . . . . . 39. Can a landlord refuse to rent to me because a former landlord tried to evict me

from another place? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Federally-Subsidized Housing .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310. What rights do I have if I live in federally-subsidized housing? . . . . . . . . . . . . . . . . . . 311. How do I get into federally-subsidized housing? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Self-Help for Tenants .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412. What is a tenants union? .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413. How can small claims court help me? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

MOVING IN: RENTAL AGREEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514. What should I do before I rent a place? .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515. What is a rental agreement? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516. Should I keep receipts, copies of letters I send to my landlord, and other

documentation of agreements that I made with my landlord? . . . . . . . . . . . . . . . . . . 517. What is a lease? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518. Can the rental agreement waive or take away the tenants rights under the

Residential Landlord and Tenant Act?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

APPLICATION FEES, DEPOSITS, RENT INCREASES, LATE CHARGES, UTILITY BILLS . 619. What is the difference between a fee and a security deposit?. . . . . . . . . . . . . . . . . . . . . 620. When I find a place that I want to rent, can the landlord make me pay in order to apply?. . 6

CONTENTS

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21. When I rent a place, can a landlord make me pay a deposit?. . . . . . . . . . . . . . . . . . . . . 722. Can I get interest payments on a security deposit? . . . . . . . . . . . . . . . . . . . . . . . . . . . 823. What if my landlord does not return my refundable security deposit?. . . . . . . . . . . . . . . 824. What happens if the place I am renting gets a new landlord? . . . . . . . . . . . . . . . . . . . . 825. Can my landlord raise my rent after I move in? .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 826. Can a landlord charge me late fees for late rent payments? . . . . . . . . . . . . . . . . . . . . . 927. Can a landlord charge me utility or service fees? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 928. What can I do about utility bills that I dont owe? . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

RIGHT OF ENTRY, RETALIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1029. Does my landlord have a right to enter the rented space? .. . . . . . . . . . . . . . . . . . . . . 1030. Can a landlord retaliate against me after I complain about the need for repair? .. . . . . . . 11

GETTING REPAIRS DONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1231. Does the landlord have to make repairs? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1232. What can I do if my landlord will not repair my place? .. . . . . . . . . . . . . . . . . . . . . . 1333. What can I do if my landlord fails to provide an essential service? . . . . . . . . . . . . . 1334. If I am a victim of domestic violence, stalking, or sexual assault,

may I have my locks changed? .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1435. May I withhold rent if repairs arent made? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1436. May I hire a repair person to do the repairs and deduct the costs of repair

from the next months rent? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1537. Are there any risks if I use the repair and deduct section?. . . . . . . . . . . . . . . . . . . . . 1538. If I call the building inspector, can I be evicted?.. . . . . . . . . . . . . . . . . . . . . . . . . . . 1539. Can my landlord bill me for repairs?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

MOVING OUT .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1640. Do I have to give notice to my landlord before I move? . . . . . . . . . . . . . . . . . . . . . . 1641. Do I have to pay rent for the full 30 days after I give the landlord

notice that Im leaving?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1642. If I am a victim of domestic violence, stalking, or sexual assault,

can I terminate my rental agreement more quickly?. . . . . . . . . . . . . . . . . . . . . . . . 1743. If I paid last months rent when I moved in, will I have to pay any more rent

when I give a 30-day notice that I am moving?. . . . . . . . . . . . . . . . . . . . . . . . . . . 1744. Can I move out if my rental unit is posted or condemned because of a city,

county, or fire code violation?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1745. Should I clean my place when I move out?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

THE LANDLORD WANTS YOU TO LEAVE: EVICTION. . . . . . . . . . . . . . . . . . . . . . . 1946. Can my landlord force me to leave the rental unit? .. . . . . . . . . . . . . . . . . . . . . . . . . 1947. What can I do if I am locked out or my utilities are shut off by my landlord? . . . . . . . . 1948. What does a landlord have to do to evict me? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2049. What kinds of eviction notices can a landlord give? . . . . . . . . . . . . . . . . . . . . . . . . . 2050. What notice do I get if my landlord converts my dwelling into a condo?. . . . . . . . . . . . 2351. How does a landlord give an eviction notice? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2352. Can I be evicted for nonpayment if I paid part of the rent this month? . . . . . . . . . . . . . 2353. Can I be evicted if I have paid my rent?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

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54. What happens if I dont move out after getting an eviction notice? .. . . . . . . . . . . . . . . 2455. What happens at the first appearance in court? What happens if I dont go?.. . . . . . . . . 2456. What happens at an eviction trial? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2557. Can I go to eviction court without a lawyer?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2558. Can I be forced to leave my home if the landlord gets a court order

that requires me to move? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2559. If there is a trial in my eviction case and the landlord wins,

do I have to pay back rent and legal costs? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2660. If I do not pay my rent, how long will it be before I have to move? .. . . . . . . . . . . . . . 2661. What can I do if I have children and I am facing eviction? .. . . . . . . . . . . . . . . . . . . . 26

GETTING YOUR THINGS BACK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2762. What happens if I leave my things in my place after I leave or have been evicted? . . . . . 2763. Can my landlord hold my property and sell it for storage costs,

court costs, or unpaid rent? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2864. What can I do if the landlord wont return my property?. . . . . . . . . . . . . . . . . . . . . . 2865. What is exempt property? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

RENTERS RIGHTS IN FORECLOSURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2966. What rights do I have if the place Im renting goes into foreclosure? . . . . . . . . . . . . . . 2967. What about my security deposit?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

SAMPLE LETTERS AND FORMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

INVENTORY AND CONDITION REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

HOW TO USE A FORM ANSWER IN AN EVICTION. . . . . . . . . . . . . . . . . . . . . . . . . . 36

HOW TO USE A CHALLENGE TO GARNISHMENT.. . . . . . . . . . . . . . . . . . . . . . . . . . 39

EXEMPT WAGES, MONEY, PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

RESOURCE SECTION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

1LAWS AND ORGANIZATIONS THAT HELP CLIENTS

Residential Landlordand Tenant Act

TIME

LIMIT

WARNING

Under state and federal laws there are time limits for taking action to enforce yourrights. Most lawsuits related to the rental agreement and the Oregon ResidentialLandlord and Tenant Act must be filed (started in court) within one year of theincident. There may be other shorter time limits that apply in other cases.Ask a lawyer about the time limits that could apply in your situation.

1. Does the law protect tenants?

Yes. A state law, cal led the OregonResidential Landlord and Tenant Act, setsrules that landlords should follow. These rulesapply if you rent a home, apartment, or roomto sleep in, with only a few exceptions.

The rules listed in this booklet do not applyto the following exceptions: transientoccupancy in a hotel or motel; living in aplace as part of your employment in or aroundthe rental building, such as a resident manageror janitor; for a buyer, living in a place within90 days before the closing of a sale, or for aseller, living in a place within 90 days afterthe closing of a sale; living on land rentedprimarily for the purpose of farming; livingin certain institutions; living in a place as asquatter; living in a place on vacation for lessthan 45 days if you have another home; andliving in certain parts of a structure operatedfor the benefit of a fraternal or socialorganization, of which you are a member. Asquatter is a person who moved in withoutpermission from the landlord or tenant.

ORS 90.110

2. What if I havent discussed the terms ofmy tenancy with my landlord?

In order to be considered a tenant, you must

have, at a minimum, entered into a rentalagreement with your landlord concerning theterms and conditions of your use and occu-pancy of a dwelling, which must includeagreement on your right to occupy a dwellingunit to the exclusion of others (ORS 90.100(43)).Your landlord is the owner, lessor, orsublessor of the dwelling unit that yourerenting or a person with the authority to acton behalf of your landlord (ORS 90.100(20)).

In the absence of an agreement on the follow-ing matters between you and your landlord,your rent is considered to be fair rentalvalue, your tenancy is considered to bemonth-to-month, and your rent for a particu-lar month is payable at your dwelling unit atthe beginning of the month or later in thatmonth. You and your landlord have all therights and responsibilities provided for by thelaw, except where an agreement is requiredin order for the right or responsibility to gointo effect. ORS 90.220

3. Do the landlord and tenant laws protectpeople who are living in a hotel or motel?

Yes, unless the renter has a transient occu-pancy in the hotel or motel. There is atransient occupancy when: 1) rent ischarged per day and is not collected morethan six days in advance; and 2) maid andlinen service is provided at least once everytwo days; and 3) the person has not livedthere more than 30 days. All other peopleliving in a hotel or motel are covered by theLandlord and Tenant Act. ORS 90.100(45)

2Discrimination Against Tenants4. What are my rights if I rent space for a

mobile home/manufactured dwelling orhouseboat?

Tenan ts who are rent ing space in amanufactured dwelling (also known as amobile home) park or in a floating homemoorage, but who live in and own (or arebuying) a mobile or floating home, have morerights than other tenants. For example, priorto eviction, the landlord must give you a 30-day written notice listing the problems. If youcorrect the problems listed in the noticeduring the 30 days, you may stay. If youviolate the same section within 6 months thelandlord can give you a 20-day notice withoutgiving you a chance to correct the problems.Other time periods may apply if the landlordsnotice is based on your failure to keep yourhome in good repair.

If a mobile home park is going to be closedand converted to a different use, the landlordmust provide residents with a closure notice365 days before the date of closure. Thenotice must now designate the date of closure.The park owner must pay $5,000, $7,000, or$9,000 (depending on the size of the home)to each mobile-home owner who is forced torelocate or abandon his/her property due tothe parks closure. The landlord is notallowed to raise rent during the 365-daynotice period, but is allowed to evict tenantsfor non-payment of rent during the noticeperiod. For more information, contact a lawoffice.

Tenants who live in and own (or are buying)a mobile home or floating home but who rentspace that is not part of a manufactured dwell-ing park or floating home moorage may beevicted with a 180-day notice without cause.

There are different rules for RVs (recreationalvehicles). Contact a lawyer if you havequestions. ORS 90.630

5. Can a landlord evict me, refuse to rent tome, or treat me differently because of mysex, race, color, religion, marital status,sexual orientation, national origin, physicalhandicap, mental handicap, because I havea guide dog, or because of my source ofincome?

Not legally. If you think that the landlord istreating you differently because you fit intoone of these categories, contact a lawyer (seethe Resource Section at the back of thisbooklet), the Fair Housing Council of Oregon(1-800-424-3247, or (503) 223-8197 inPortland), or the Department of Housing andUrban Development (HUD: 1-800-877-0246).

There is one exception to the general rulestated above: a landlord can discriminatebased on sex when the landlord rents a spacein the landlords own residence and alloccupants share some common space withinthe residence (42 USC 3601-3617).

It is not legal to refuse to rent to a blind ordeaf person because the person has an animalneeded to help this person. Landlords cannotcharge additional rent or fees for a hearing orguide dog.

State law also prohibits discrimination becauseof a tenants source of income (for example,welfare). But, state law does not clearly saythat a landlord is prohibited from discriminat-ing against people with Section 8 certificatesor vouchers. ORS 659A.421

6. Does a landlord have to make a unitaccessible if I have a disability?

If you live in federally-subsidized housing(see Question 10), the landlord has to permitand pay for changes to the unit in order toreasonably accommodate your disability,

3Federally-Subsidized Housing

unless doing so would impose an undue finan-cial burden on the landlord. Examples ofreasonable accommodation include assigningyou a parking space near the door, installinga ramp, or changing a rule.

Private landlords, as a general rule, mustpermit you to make changes to the unit toreasonably accommodate your disability, butare not required to pay.

Contact the Fair Housing Counsel at thenumbers listed in Question 5 if you havequestions about reasonable accommodationsin rental units.

7. Can a landlord refuse to rent to me or treatme differently because I have children?

A landlord may not refuse to rent to you,evict you, or treat you differently because youhave children. There are exceptions for cer-tain federally subsidized projects, for projectswhere all of the tenants are over 62, for pro-jects where 80% of the tenants are over 55,and when the landlord rents space in the land-lords own residence if all occupants sharesome common space within the residence. Inall other cases, if your landlord is discriminat-ing against you because you have children,you should contact a lawyer (see ResourcesSection at the back of this booklet), or theorganizations listed under Question 5, above.

8. Can a landlord rent to me if I am youngerthan 18?

Yes. A state statute says that, if you are atleast 16-years old or if you are pregnant witha child who will live with you, you can enterinto rental agreements and be held responsiblefor paying rent and utilities. Minors who areyounger than 16 or who are not pregnant canalso sign a binding rental agreement undersome circumstances. Under state law, land-lords are not required to rent to people whoare under age 21 or over age 45. But some

city ordinances make it illegal to discriminateagainst a person because of his or her age.

9. Can a landlord refuse to rent to me becausea former landlord tried to evict me fromanother place?

Sometimes the landlord of a new place thatyou want to rent finds out during an applica-tion screening that one of your old landlordshad tried to evict you in court. If you won theearlier eviction case, it is not legal for the newlandlord to refuse to rent you now solely be-cause of the earlier eviction case. If the newlandlord refuses to rent to you for this reason,you can sue the landlord for actual damagesor $200, whichever is more. (See the TimeLimit Warning at the beginning of this bookletsection.) See Question 20 for more informa-tion about applicant screening. ORS 90.390

10. What rights do I have if I live in federally-subsidized housing?

If you live in a Housing Authority project orhave some other kind of federally-subsidizedhousing, such as a Section 8 voucher, therules described in this booklet protect you.You have additional rights set out in yourrental agreement, federal law, federal regula-tions, and court orders. There have beenmany changes recently in federally-subsidizedhousing. It is important to get updated legalinformation if you are having a problem infederal housing.

Tenants in federally-subsidized housing gener-ally pay 30% to 35% of their income as rentor pay the amount set aside in the welfaregrant to pay for housing. Tenants may berequired to pay a minimum rent of $25 amonth.

4Tenants have a right to use their federalhousing just like they would use a privatehome. Tenants may have guests. Landlordshave no right to intrude on a tenants privacyjust because the tenant is in federal housing.

11. How do I get into federally-subsidizedhousing?

Some subsidized housing is owned by thehousing authority; some subsidized housingis owned by private landlords. You shouldcall both the housing authority and the resi-dent manager living in the buildings owned byprivate landlords to get on the waiting list.Low-income families and individuals can beeligible. Eligibility varies from project toproject.

If the housing authority or landlord refuses toput your name on the waiting list, you mayask for a hearing or a conference. If you thinkthat the landlord does not have a waiting list,that the landlord does not want to rent to youfor any reason, or if you have questions aboutfederally subsidized housing, contact a lawyer(see the Resources Section in the back of thisbooklet).

There are also loans from Rural Housing(formerly, FmHA) or the United States De-partment of Housing and Urban Development(HUD) that enable low-income and disabledpersons to buy homes without a large downpayment and with low monthly payments.Call Rural Housing or HUD. The numbersare listed in most local phone books. Informa-tion is also available online at www.hud.gov.

12. What is a tenants union?

It is a group of two or more tenants who havecome together informally or formally todiscuss tenant problems, to sign petitions, tocomplain about the need for repairs, torequest other changes, to complain about themanagement, or to take other action fortenants. See Question 30 for informationabout retaliation against a tenants union.

13. How can small claims court help me?

You can use small claims court when yourlandlord does not return a deposit after youmoved, unlawfully destroys your things, doesnot make repairs required by law, enters yourhome without the required notice, unlawfullyshuts off your utilities, or changes the locks,or otherwise violates the rules set out in thisbooklet. The landlord may file counterclaimsfor unpaid rent or damages. It is a good ideato talk with a lawyer before filing a caseagainst a landlord.

You cannot ask for more than $7,500 in smallclaims court. The small claims court cannotorder the landlord to make repairs or to returnpossessions; the court only has power toaward money for damages. Before you cansue in small claims court, you must write aletter to your landlord asking your landlord topay you within ten days. See Sample Letters1 and 7. When you go to court, you mustprove your case. Take photographs,witnesses, and copies of any letters you havesent to or received from your landlord. Thereis no appeal from small claims court. Note:When a tenant sues a landlord for violationsof the Oregon Residential Landlord and Ten-ant Act, the lawsuit must be filed (started)within one year of the incident. Claims basedon other laws might have different deadlines.

ORS 46.405

Self-Help for Tenants

5MOVING IN: RENTAL AGREEMENTS

14. What should I do before I rent a place?

Make sure that:

The place meets your needs; You can afford the rent; You clearly understand who will pay for

electricity, heat, water, and garbage pick-up; and

You inspect the place and note in writingany problems.

You can use the Inventory and ConditionReport on Page 35 when you inspect theunit. Ask the landlord to be there. Ask thelandlord to sign your notes, or send a copy ofyour notes later. Take pictures and havefriends look at any problems so you can laterprove in court that the problem was therebefore you moved into the unit.

If you find out after you move in that abuilding inspector told the landlord not to rentthe place until repairs were made, but therepairs were not made, contact a law office.

15. What is a rental agreement?

It is all oral (spoken) or written agreementsbetween a landlord and tenant, and all validrules and regulations, that give the terms andconditions concerning the tenants use of therental unit. This typically includes the amountof rent, the date rent is due, where to payrent, and any other rules that apply to usingthe rental unit. ORS 90.100(34)

Having a written rental agreement that issigned by both you and your landlord can helpyou to prove in court that your landlordagreed to certain provisions that the lawwouldnt otherwise provide for automatically.If you decide to enter into a written rental

agreement, your landlord is required toprovide you with a copy of the written rentalagreement when you sign it and to make acopy available later at a cost of not more than25 cents per page (or the actual copying costs)(ORS 90.305). (See Question 17 for moreinformation on written agreements for a fixed-term tenancy.)

16. Should I keep receipts, copies of lettersI send to my landlord, and otherdocumentation of agreements that Imade with my landlord?

Yes. You should get and keep written docu-mentation whenever it would be to your ad-vantage to be able to prove at some later datethat the actions documented took place. If youwant to be able to prove that you paid rent ontime, you should get a receipt to show com-plete and timely payment of rent (a landlordis required to give you a receipt for any pay-ment if you request one (ORS 90.140)). If youwant to be able to prove that you requestedrepairs, you should correspond with yourlandlord in writing, keep copies of your let-ters. If you want to show that you sent some-thing to your landlord on a certain date, youshould get a certificate of mailing from thepost office (different than certified mail).Keeping a signed copy of your rental agree-ment will help you to prove in court what itis that you and your landlord agreed to.

17. What is a lease?

Most people use the word lease to describea written rental agreement that is for a setperiod of time, such as a year, at a fixed rateof rent. But some leases permit an increase ofrent after a 30-day notice. Most leases permittermination of the lease before the ending datein some situations. The lease will state how

6the tenant and landlord can end the leaseearly.

If you have a long-term lease at a fixed rate,the landlord cannot raise the rent during thefixed term. But, with this type of lease, youalso have to pay for the entire term if youmove out early unless the landlord rents toanother tenant. Whenever a tenant terminatesa lease early, the landlord has an obligationto try to rent the unit to someone else; this is

known as the obligation to mitigatedamages.

18. Can the rental agreement waive or takeaway a tenants rights under OregonsResidential Landlord-Tenant Act?

No. The landlord and tenant cannot agree towaive or take away the rights given to tenantsunder Oregon law. ORS 90.245

TIME

LIMIT

WARNING


19. What is the difference between a fee anda security deposit?

A fee is a non-refundable payment.Landlords can charge you a fee if you are lateon your rent (see Question 26), if you bouncea check to the landlord, if you tamper withyour smoke detectors, if you violate pet rules,if you break your lease early, if you are latepaying for a utility (see Question 27), if youfail to clean up after your pet or if you violateparking or driving rules. All other fees arenow prohibited (ORS 90.302). A tenant canbe charged a late fee each time the rent is paidlate. These kinds of fees, like the late fee,must be described in the rental agreement.

ORS 90.100(13)

A Security deposit is any refundablepayment that encourages to tenant to live upto the rental agreement. ORS 90.100(37)

If the tenant follows rules stated in the rentalagreement and does not damage the rental unitbeyond ordinary wear and tear, then the land-lord must refund the security deposit within31 days after the rental agreement ends.

ORS 90.300

See Questions 21-23 for more informationabout security deposits.

20. When I find a place that I want to rent,can the landlord make me pay in orderto apply?

You cannot be charged a fee just to have yourname placed on a waiting list, but you can becharged other fees.

An applicant screening charge is apayment that covers the costs of screeningtenants, such as reference checks and creditreports. These charges can be collected only

APPLICATION FEES, DEPOSITS, RENTINCREASES, LATE CHARGES, UTILITY BILLS

7if there is a unit that is available for rent (orthat will be soon), unless you agree otherwisein writing. The landlord must give you areceipt for the payment. You must be givena written notice before you pay an applicantscreening charge. This notice must tell you:

< the amount of the charge; and

< the factors the landlord will consider indeciding on your application; and

< the process the landlord will use inscreening, including whether the landlorduses a tenant screening company; and

< that you have the right to send a statementif you think the information the landlordgets is wrong.

The landlord must also give you an estimateof the number of other current applicants whoare ahead of you in applying for units of thesize you want. This information can help youdecide whether its worth applying.

If a landlord does not rent to you because ofany information the landlord gets from a ten-ant screening service or credit reportingagency, the landlord must tell you this. Thelandlord must also tell you the name and ad-dress of the screening service or reportingagency. These rules apply even if you did notpay an applicant screening charge. (In addi-tion, if the landlord charges you an applicationfee and you are denied, or if you request inwriting the reason for denial, the landlordmust promptly provide you with one or morereasons for your denial (ORS 90.304).)

If the landlord doesnt do the screening afteryouve paid an applicant screening charge(because, for example, the unit is rented tosomeone else first), you must be refunded themoney within a reasonable time.

If the landlord makes you pay an applicantscreening charge without following theserules, you can sue the landlord for the amount

of the applicant screening charge plus $100.See Question 13 for information about smallclaims court. ORS 90.295 A deposit to hold the unit is a fee paidbefore you enter into a rental agreement sothat the landlord will hold the rental unit (notrent it to others). There must be a writtenagreement that describes when the depositmust be refunded to the tenant and when itcan be kept by the landlord.

If the tenant and landlord then enter into therental agreement, the landlord must give backthe deposit either by giving the tenant arefund or by crediting the tenants account. Ifthe tenant doesnt take the necessary steps toenter into the rental agreement, the landlordcan keep the deposit. If the landlord doesnttake the necessary steps to enter into the rentalagreement, the deposit must be refundedwithin four days. If the landlord charges adeposit without following these rules, thetenant can sue the landlord for the amount ofthe deposit plus $100. (See the Time LimitWarning at the beginning of this bookletsection.) ORS 90.297

21. When I rent a place, can a landlord makeme pay a deposit?

Yes. A landlord can make you pay a securitydeposit. (But if you rent week-to-week, youcannot be charged th is deposit ( O R S90.100(48)).) You can try to work out theamount of these deposits with the landlord.Some landlords will let you make severalpayments on the deposit instead of paying itall at once.

Once you have moved in, the landlord cannot,without your agreement, charge a new depositor increase the deposit you have already paidfor the first year after you move in. After thefirst year, a landlord can charge or increasethe deposit but must give you at least 3months to pay it.

8If you paid a deposit, the landlord must returnthe deposit when you move out as long as youhavent damaged the place beyond ordinarywear and tear and have given the landlord therequired notice, paid the rent, returned thekeys, and followed other rules stated in yourrental agreement. The one exception to this isthat a landlord may deduct the cost of profes-sional carpet cleaning from your deposit.When you pay the deposit, ask for a receiptthat shows you paid a security deposit.Check the receipt, rental advertisement, can-celed check and other writing you may haveto see whether the deposit was clearly labeledas a security deposit rather than a fee.

ORS 90.300

When you first rent a place, the landlord mayalso require you to pay rent in advance,sometimes called a last months rent deposit(ORS 90.100(22). See Question 43 for moreinformation.

22. Can I get interest payments on a securitydeposit?

State law does not require landlords to payinterest, but you may ask if your landlord willagree to do this.

23. What if my landlord does not return myrefundable security deposit?

Within 31 days after you move and returnyour keys, the landlord must either return allof your deposit or tell you in writing why allof it is not being refunded. If the landlorddoes not return the right amount of yourmoney or does not give you a written explana-tion, you may sue, asking for twice theamount wrongfully withheld. ORS 90.300

If the landlord refunds only part of thedeposit, you can cash the check and still suethe landlord if you think you are owed moremoney. But you should be ready to defendyourself against a possible counterclaim by

the landlord for property damages. SeeQuestion 13 for information about smallclaims court; see the Time Limit Warning atthe beginning of this booklet section. If thelandlord has written full settlement oraccord and satisfaction on the back of thecheck, you should see a lawyer before youcash the check.

Read Questions 40 through 45 for informationon what to do to improve your chances ofgetting your deposit back when you move out.(See Sample Letter 7, page 33.)

24. What happens if the place I am rentinggets a new landlord?

Sometimes a landlord sells a building that isbeing rented out. Both tenants and newlandlords must follow the terms of the originalrental agreement. The new landlord mustreturn any deposits when the tenants move,even if the new landlord did not get thedeposit money from the old landlord. The newlandlord must also make repairs and followthe rules set out in this booklet.

25. Can my landlord raise my rent after Imove in?

Unless you have a lease that fixes the amountof rent for a specific term, rent may beincreased with a 30-day written notice in amonth-to-month tenancy and a 7-day writtennotice in a week-to-week tenancy (ORS 90.220).If you want to move rather than pay the newrent, you can give a notice (30 days if yourent month-to-month; 10 days if you rentweek-to-week) to end the tenancy and movewhen the new rent goes into effect (ORS90.497). See Question 40 for information onhow to give a notice. Also, if you feel thelandlord raised your rent to retaliate againstyou, see Question 30.

926. Can a landlord charge me late fees for laterent payments?

Yes, if the written rental agreement says thatlate fees can be charged (see Question 19 forfees landlords are allowed to charge you). Butthe landlord may not charge a late fee if youpay the rent by 12 midnight on the fourth dayof the rental period. (This is midnight of thefourth day of the month if the rent is due onthe 1st day of the month; a rental agreementcannot make rent for a particular month dueany earlier than the first day of that month).

There are three different kinds of late fees.The rental agreement must state the type andamount of late fee and when it can becharged. The landlord can change the kind oflate fee or the amount that is charged bysending the tenant a 30-day notice in advance:

1) Per-rental period late fee: a reasonableflat amount charged one time for themonth the rent is late. (Reasonablemeans an amount that is within the rangeof fees charged by landlords in that rentalmarket.)

2) Per-day late fee: a daily fee that cannotbe more that 6% of the reasonable flatmonthly late fee described in (1) above.

3) A five-day period late fee: a fee that is5% of the rent, charged once for eachfive-day period the rent is late.

The per-day and every-five-day late fees donot continue to accrue after the end of themonth in a month-to-month tenancy. Thelandlord can charge you simple interestthough, if you dont pay your late fee at thetime that it is imposed.

A tenant who fails to pay a late fee cannot beevicted on a nonpayment of rent notice. Atenant who receives a 72-hour or 144-hournotice for nonpayment of rent can keep frombeing evicted by paying only the rent and notthe late fee during the notice period. A land-

lord cannot deduct the late fee from this rentpayment and claim that rent is owing. (Tenantswho havent paid late fees can be evicted ona 30-day notice, even if all rent has been paid.See Question 49, For-Cause notice.)

27. Can a landlord charge me utility orservice fees?

If a landlord is being billed directly for utilityservices to your rental unit or to a commonarea, the landlord can charge you for theseservices, if the written rental agreement al-lows for this. Examples of utilities or servicesare: electricity, natural or liquid propane gas,water, heat, air conditioning, cable television,sewer service, and garbage collection. Forvideo subscription services, such as cable TVor internet access, a landlord can charge up to10% over the landlords cost for these ser-vices, as long as the total cost is not more thanthe tenant would have to pay if the tenant gotthe service directly. (This rule applies to ten-ants who entered into rental agreements afterOctober 23, 1999.) If the rental agreementdoesnt say how the amount charged to thetenant was figured out, the tenant can get acopy of the bill from the landlord before pay-ing the charge.

A tenant who fails to pay a utility or servicecharge cannot be evicted on a nonpayment ofrent notice. A tenant who receives a 72-houror 144-hour notice for nonpayment of rent cankeep from being evicted by paying only therent and not the utility charge during thenotice period. (A landlord cannot deduct theutility fee from this rent payment and claimthat rent is owing.) Tenants who havent paidthe utility charge can be evicted on a 30-daynotice, even if all rent has been paid. (SeeQuestion 49, For-Cause notice.) ORS 90.315

28. What can I do about utility bills that Idont owe?

Before you move in, if you cant get utility

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service because a former tenant or the ownerwas supposed to pay the utility bill, but didntpay, you can: 1) pay the bill and deduct itfrom your rent, 2) reach an agreement withthe landlord as to how the bill will be paidand get the agreement in writing, or 3)immediately end the tenancy by telling thelandlord what happened and explaining thatyou will not keep the unit; the landlord has 4days to return prepaid rent and yourrefundable security deposit. If the rentalagreement is terminated and the landlord failsto return money owed to you, you are entitledto twice the amount wrongfully withheld. (Seethe Time Limit Warning at the beginning ofthis booklet section.)

YOU SHOULD NOT WITHHOLD RENTUNLESS ADVISED TO DO SO BY ALAW OFFICE! (See the Resource Section atthe end of this booklet.)

After you move in, if you cant get servicebecause a former tenant or the owner wassupposed to pay the utility bill, but didnt pay,or if your utilities are shut off because thelandlord was supposed to pay the utility billand didnt pay, you can: 1) pay the bill anddeduct it from your rent, or 2) give the

landlord a 72-hour written or verbal noticeand, if utility service is not turned back onwithin the 72 hours, you can move. If theutility service is not restored and you move,the landlord is required to return prepaid rentand refundable security deposits within 4days. If the rental agreement is terminated,you can also sue the landlord for compensa-tion for the actual damage that you sufferedas a result of not having utilities and if thelandlord fails to return money owed to you,you are entitled to twice the amount wrong-fully withheld. (See the Time Limit Warningat the beginning of this booklet section.) Youcan also go to court to ask for an order torequire the landlord to turn the utilities backon if the landlord had agreed to pay the billand did not pay. (See Question 47.)

YOU SHOULD NOT WITHHOLD RENTUNLESS ADVISED TO DO SO BY ALAW OFFICE! (See the Resource Sectionlocated at the end of this booklet.) ORS 90.315

If your landlord has caused or attempted todeny you an essential service, which caninclude services such as heat and water, youmay have additional or different rights. (SeeQuestion 33 for details.)

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29. Does my landlord have a right to enter therented space?

Yes, at reasonable times and with reasonablefrequency. But the landlord must have areasonable purpose, such as to inspect the

rental unit or to supply necessary or agreedupon services, and must give you a 24-hourverbal or written notice before entering, witha few exceptions. A landlord does not need togive a 24-hour verbal notice to enter yourdwelling or your yard if the landlord is:

RIGHT OF ENTRY, RETALIATION

11

Posting a legally permissible or requirednotice on your door (the landlord mayenter only your yard for this reason, notyour home); or

Doing yard work that the written rentalagreement requires the landlord to do (thelandlord may only enter your yard for thisreason, not your home); or

Responding to an emergency at any time,which includes a repair problem that maycause serious damage to the premises if notfixed immediately (the landlord must notifythe tenant that the entry was made within24 hours after the entry); or

Entering with the tenants permission, inthe case of a specific entry; or

Responding to a tenants written requestfor repairs and either entering duringreasonable times or, if the tenant hasspecified allowable and reasonable timesfor entry in their written request, enteringwithin those specified times. However, thelandlord must initiate the repairs within 7days of the tenants written request inorder to enter without giving notice, andmay continue to enter without giving noticein order to complete those repairs, as longas the landlord is making a reasonableeffort to complete the repairs in a timelymanner; or

Showing the property to a prospectivebuyer at reasonable times, but only if boththe landlord and tenant have signed awritten agreement to allow this that isseparate from the rental agreement and thatwent into effect while the landlord wasactively trying to sell the property.

The landlord can also enter your propertyin cases involving a court order, arequirement from a government agency, oryour abandonment of the property.

You have the right to deny entry to thelandlord for good reasons; you must tell thelandlord the reasons before the time the

landlord intends to enter. Tenants can beevicted for unreasonably denying entry.

If a landlord enters the property without fol-lowing these rules, a tenant can sue and askfor damages caused by the entry or onemonths rent (one weeks rent for weeklyrenters), whichever is more. (See the TimeLimit Warning at the beginning of this bookletsection.) ORS 90.322

30. Can a landlord retaliate against me afterI complain about the need for repair?

A landlord may not legally retaliate by in-creasing rent, decreasing services, serving aneviction notice, threatening eviction, or filingan eviction case after a tenant:

Has made any good faith complaint to thelandlord about the tenancy [about the needfor repair or a violation of the rentalagreement]; or

Complains to certain code enforcementagencies; or

Joins or organizes a tenants union; orTestifies against the landlord in court; or

Wins in an FED case within the previoussix months, unless the win was based ona technicality; or

Does something or says that the tenant willdo something to assert the tenants rightsunder any law.

Tenants may sue for retaliation and may askfor twice the actual damages or up to twomonths rent, whichever is more. It is usuallya defense to an eviction based on a 30-daynotice without cause if you can prove thenotice was given in retaliation. But retaliationmay not keep you from being evicted if youowed rent when the notice was given, if thecode violations were caused by the tenant orguests, if you made repeated or harassingcomplaints, and when repairs needed for codecompliance cannot be made without forcing

12

the tenant to move. Contact a lawyer beforeusing retaliation as a defense or claim becauseit can be a complicated issue. A landlord islikely to give a non-retaliatory explanation for

the notice. (See the Time Limit Warning atthe beginning of this booklet section.)

ORS 90.385

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31. Does the landlord have to make repairs?

Yes. The landlord must keep your place andthe common areas in good repair at all times.This means that the unit must not substantiallylack the following:

1) Effective waterproofing and weatherprotection;

2) A proper and functioning plumbingsystem

3) A water supply, under the control of thetenant, that is capable of producing hotand cold running water, furnished toappropriate fixtures, connected to a propersewage system, and, to the extent thatlandlord can control this, maintained soas to be in good working order and toprovide safe drinking water

4) Adequate heating facilities

5) Electrical lighting and wiring

6) Smoke detectors installed and workingwhen you move in (but tenants must testthe detectors every 6 months, replacebatteries when needed, and give thelandlord written notice if the detectors arebroken);

7) Safety from fire hazards;

8) Appliances and facilities (air conditioning,ventilating) in working order if they areprovided by the landlord;

9) Working keys, locks, and windowlatches;

10) No garbage, rodents, or vermin in yourplace or common areas around thebu i ld ing when you move in orthroughout the tenancy;

11) Garbage containers and garbage service,unless you agree otherwise in writing orunless there is a local ordinance thatdoesnt require this;

12) Adequate plumbing, heating, andelectrical equipment kept in goodworking order;

13) Walls, floors, ceilings, stairways, andrailings in good repair;

14) The place must be clean and in goodrepair when you move in; and

15) The areas under the control of thelandlord must be safe for normal andexpected use.

The landlord and tenant can agree in writingthat the tenant will fix certain things if theagreement is not an attempt by the landlord toget away from the duty to repair. The writtenagreement must state the amount of the pay-ment for repair and it must be a fair amount.

ORS 90.320

GETTING REPAIRS DONE

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32. What can I do if my landlord will notrepair my place?

Ask your landlord to make repairs. If thisdoes not work, write a letter to your landlordasking for repairs. (See Sample Letter 1, page30.) Keep a copy of the letter.

If this does not work, call a law office to askfor advice on what to do next, such as callingbuilding inspectors, health inspectors, fireinspectors or neighborhood mediation. In anemergency, like a broken pipe or no heat, calla law office right away.

You can sue a landlord for a court order toforce repairs. If you have given the landlordnotice of the need for repair and if the prob-lem was not caused by you or someone else(besides the landlord), you may sue the land-lord for damages to compensate you for re-duced rental value, destroyed property, attor-ney fees and court costs. You should have alawyer in order to file this kind of case.

In small claims court you can sue the landlordfor money. You cannot get an order for re-pairs in small claims court. When you sue thelandlord for money, be sure to ask for all themoney that you think you should get. You maysue for money because the landlord failed tomake repairs, or because your landlord dam-aged or destroyed your clothing or furniture.You may sue for money because your homewas worth less each month because of the needfor repairs. For example, if you could not usetwo rooms in a four-room apartment becauseof a bad leak in the roof, you might say thatthere was a 50% reduced rental value. (Be-cause you could use half the apartment, youcould argue that you should only pay half therent during that time.) You may also sue forlost work time, medical expenses, higher heatbills, and other expenses caused by the land-lord s fa i l u re to make repa i rs . SeeQuestion 13; see the Time Limit Warning atthe beginning of this booklet section.

33. What can I do if my landlord fails toprovide an essential service?

An essential service means heat, plumbing,hot and cold running water, gas, electricity,light fixtures, locks for exterior doors, latchesfor windows, and any cooking appliance orrefrigerator supplied or required to be sup-plied by the landlord. An essential servicealso includes any other service that the land-lord is required to provide because of habit-ability requirements (see Question 31) orbecause of the rental agreement, where failingto do so creates a serious threat to the tenantshealth, safety, or property, or makes therental unfit to live in. ORS 90.100(10)

If the landlord fails to provide an essentialservice, and you have provided the landlordwith a written notice saying both that thelandlord has failed to supply an essentialservice and that you may take certain actionsas a result of this (See Sample Letter 3, page31), and you have provided the landlord withreasonable access and time to fix the problem,then you have several options:

You can get reasonable amounts of theessential service during the time that thelandlord is failing to supply the service,and deduct the cost from the rent; (YOUSHOULD NOT WITHHOLD RENTUNLESS ADVISED TO DO SO BY ALAW OFFICE!)

You can get compensation for the damagecaused by the failure to provide anessential service, based on how much lessthe rental unit was worth at the time of thelandlords violation;

If the failure to supply an essential servicemakes your rental unit unsafe or unfit tolive in, you are not obligated to pay rentfor the time period in which the landlordwas failing to supply this service. Youmay also seek compensation from thelandlord for the fair cost of comparablehousing; or

14

If the landlords failure to supply theessential service poses an imminent andserious threat to your health, safety, orproperty, then you can give the landlord awritten notice that says that you aremoving out in 48 hours unless the problemis fixed in that time (See Sample Letter 6,page 33). ORS 90.365

Also, it is illegal for a landlord to intention-ally diminish an essential service to yourrental unit, to seriously attempt to do so, orto seriously threaten unlawfully to do so bycausing an interruption of an essential service.If the landlord does this, you have a right toterminate your rental agreement. Regardlessof whether or not you terminate your rentalagreement, you also have a right to get a courtorder requiring the landlord to restore theessential service(s) and you have a right to suefor two months rent or twice the amount ofthe actual damages caused by the shut off ofthe essential service, whichever is greater. Ifyou terminate the rental agreement, the land-lord is required to give you back all prepaidrent and security deposits. ORS 90.375

(See Question 28 for more information onsituations in which you cant get a utilityservice.)

34. If I am a victim of domestic violence,stalking, dating violence, or sexualassault, may I have my locks changed?

If you are a victim of domestic violence,sexual assault, dating violence, or stalking,you may request that your landlord changeyour locks. You are responsible for the costof the lock change. You are not required toprovide evidence that you are a victim ofdomestic abuse, sexual assault, datingviolence, or stalking. If the landlord fails toact promptly, you may change the lockswithout the landlords permission and thengive a key to the landlord. If the perpetratorof the domestic violence, sexual assault,

dating violence, or stalking is your co-tenant,you must give your landlord a copy of arestraining order signed by a judge before thelandlord can change your locks. A perpetratorwho was a co-tenant remains jointly liablewith any other tenants for rent or damages tothe dwelling unit incurred before theperpetrator was excluded from the dwellingunit. ORS 90.459

35. May I withhold rent if repairs arentmade?

First, follow the steps listed under Question32, including making a demand for repairs,writing a letter to the landlord, and calling aninspector. If this does not work, it is legal fora tenant to withhold all or part of the rent toforce legally required repairs when there isserious need for repairs and the landlord re-fuses to make repairs. YOU SHOULD NOTWITHHOLD RENT UNLESS ADVISEDTO DO SO BY A LAW OFFICE! (See theResource Section at the end of this booklet.)

If you decide to withhold rent, you shouldprobably withhold less than the full amountof rent. Think about what is a fair amount towithhold because of the need for repairs.YOU SHOULD NOT WITHHOLD RENTUNLESS ADVISED TO DO SO BY ALAW OFFICE!

IF YOU WITHHOLD RENT, DO NOTS P E N D I T . P A Y I T T O Y O U RLAWYERS TRUST ACCOUNT OROPEN A SEPARATE BANK ACCOUNT.KEEP THE MONEY.

When the landlord sues you for nonpayment,the court can order you to pay the withheldrent into court. If the landlord fails to makerepairs and rent becomes due again while youare waiting, pay the withheld rent into thelawyers trust account or into the separatebank account on the date rent is due and geta receipt.

15

If you withhold rent, almost all landlords willgive you a 72-hour OR 144-hour notice ofnonpayment and will file an eviction caseagainst you in court. If the landlord files aneviction case against you, this may appear onyour credit record whether you win or losethe case. (You have a right to dispute theaccuracy of your credit report.) Also, if thelandlord files an eviction case against you,you must be ready to pay the rent into court,to file an answer describing the serious needfor repairs, and to then go to court to provethat there were serious problems that thelandlord did not fix after receiving notice.YOU SHOULD NOT WITHHOLD RENTUNLESS ADVISED TO DO SO BY ALAW OFFICE!

Sometimes tenants lose in court after with-holding rent.

If you decide to withhold rent, you should aska lawyer to send a demand letter like SampleLetter 5. The lawyer may tell you to send onelike it yourself. A TENANT SHOULDNOTIFY THE LANDLORD OF THEREASONS FOR WITHHOLDING RENTBEFORE THE LANDLORD FILES THEEVICTION CASE IN COURT.

ORS 90.370

36. May I hire a repair person to do therepairs and deduct the costs of repairfrom the next months rent?

Yes, if the repairs can be done for less than$300. You should make the demand for repairas described under Question 32. Do not userepair and deduct unless you are advised to doso by a law office.

IT IS USUALLY NOT A GOOD IDEAFOR PEOPLE TO USE THE REPAIRAND DEDUCT SECTION UNLESS YOURLANDLORD AGREES IN ADVANCE TOLET YOU USE REPAIR AND DEDUCT.

If you decide to repair and deduct, you mustfollow these rules:

1) You must notify the landlord before youhave something fixed. You must give thelandlord written notice seven days beforeyou have the work done. (See SampleLetter 2, page 31). Try to call the land-lord as soon as possible. Try to get thelandlord to agree to make the repair or toagree to your having it done. As always,keep copies of all letters!

2) The total costs of the repairs must not bemore than $300.

3) The problem that needs to be repairedmust not have been caused by the tenant,family, or guests.

4) The work must be done in a professionalmanner and at the lowest possible cost. Ifthe person you hired to do repairs causesdamage to the property, the landlord mayargue that you must pay. The landlordmay specify the person you must use todo the repairs. ORS 90.368

37. Are there any risks if I use the repairand deduct section?

Yes. You must follow all the rules listedunder Question 35. The landlord might try toevict you for not paying the full rent andmight sue you to recover the rent not paid ifyou do not follow all the rules. If the landlordfiles an eviction case, the filing may appearon your credit record even if you win the casein court. (You have the right to dispute theaccuracy of your credit record.)

38. If I call the building inspector, can I beevicted?

Your landlord cannot legally evict you inretaliation for your calling a building inspec-tor. But you may have to go to court to provethat this was the reason for the eviction.

ORS 90.385

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The building inspector could force you tomove if the unit is very dangerous, but thisdoesnt happen often. If it does, contact a lawoffice.

39. Can my landlord bill me for repairs?

Yes, if you cause damage to the premises thatis beyond normal wear and tear.

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40. Do I have to give notice to my landlordbefore I move?

For all notices that are mailed, tack on anadditional 3 days to calculate when the noticewill go into effect. ORS 90.150(3)

If you are renting month-to-month, you mustnotify your landlord in writing 30 days beforethe day you move. You may serve the noticein person or mail the notice. If the rentalagreement allows for posting, you may postand mail 30 days before terminating (33 daysif only mailing). (See Sample Letter 5, page32.) You do not need a reason to end thetenancy. Your landlord may agree to accepta shorter notice without penalty to you. Getthe agreement in writing.

If you are renting week-to-week, you mustnotify your landlord in writing 10 days (13days if by mail and not posted) before the dayyou move.

You may give the notice on any day of themonth, not just the first day of the month oron the day that rent is due.

If you have a lease, read the lease carefully tosee if the lease requires written notice beforeyou move at the end of the lease term. Youmay be able to break the lease earlier if thelandlord violates the lease terms or the law.

ORS 90.427

41. Do I have to pay rent for the full 30 daysafter I give the landlord notice that Imleaving?

Yes, even if you move out before the 30 daysare up, unless the landlord agrees to yourmoving early without paying. (Get allagreements in writing.) If you do not pay, thelandlord will probably deduct the rent fromyour deposit and might sue you in smallclaims court. If you move out early, and dontpay for the full 30 days, the landlord mustmake reasonable efforts to find a new tenant.This is known as the obligation to mitigatedamages. You do not have to pay rent forany time that a new tenant is living in theunit. ORS 90.427

MOVING OUT

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42. If I am a victim of domestic violence,stalking, dating violence, or sexualassault, can I terminate my rental agree-ment more quickly?

(Note: Wherever this booklet refers tovictims of domestic violence, sexual assault,and/or stalking, victims of dating violenceare included as well.)

Yes. You can terminate your rental agreementwith only 14-days written notice to yourlandlord. Your written notice to terminateyour rental agreement must inc ludeverification that you have been a victim ofdomestic violence, sexual assault, or stalkingwithin 90 days of your notice to end yourrental agreement. The verification of yourhaving been the victim of abuse within the last90 days can be in the form of a restrainingorder signed by a judge, a police report, or astatement signed by a law enforcement officersaying that you have been a victim of abusewithin the past 90 days.

There have been several changes to the lawthat affect early lease termination for victimsof abuse. First, a qualified third party(attorney, licensed health care professional,or victims advocate at a victims serviceprovider) can also provide the verification thatyou have been the victim of abuse within thepast 90 days. Second, any time your abuserhas been in jail or lived far away does notcount against the 90-day time limit. (Forexample, if you were the victim of abuse 100days prior to submitting written notice toterminate your rental agreement, and duringthe previous 100 days, your abuser spent 25days in jail, as far as the law is concerned,only 75 days have passed since you were lasta victim of abuse. Your request for early leasetermination as a victim of abuse is within the90-day time limit.) Third, if you are presentlycovered by a valid protection order, you canrequest early termination of your rentalagreement as a victim of abuse no matter

when you were last a victim the 90-daytime limit does not apply to you.

A landlord may not treat you differently be-cause you are or have been a victim of domes-tic violence, dating violence, sexual assault,or stalking. A landlord is not allowed to evictyou, fail to renew your lease, or deny youadmission to housing (1) because you are avictim (present or past), (2) because of a vio-lation of the rental agreement caused by anincident of domestic violence, dating violence,sexual assault, or stalking, (3) because ofcriminal activity or police response related todomestic violence, dating violence, sexualassault, or stalking where the tenant is thevictim, or (4) because of a bad landlord refer-ence about a past incident of domestic vio-lence, dating violence, sexual assault, orstalking. A landlord is also not allowed tohave different rules or standards for you be-cause you are a victim.

But a landlord is allowed to evict you if thelandlord had given you a written warningregarding the conduct of the non co-tenantabuser and (1) you permit the abuser toremain on the premises, and the abuser is anactual and imminent threat to the safety ofothers on the premises, or (2) you consent tothe abuser living with you without thelandlords permission. Once your rentalagreement has been terminated, you are notliable for any rent or damages to your rentalunit that were incurred after your rentalagreement was terminated. Your landlord isalso not allowed to charge you a fee solely forterminating your rental agreement when youuse this 14-day notice. ORS 90.453

43. If I paid last months rent when I movedin, will I have to pay any more rentwhen I give a 30-day notice that I ammoving?

If it is clear that you paid a last months rentdeposit, and not some other kind of deposit

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or fee, the landlord must use this money forthe last months rent when either you or thelandlord gives the other notice to terminatethe rental agreement (except if your landlordgives you an eviction notice for non-paymentof rent). If your landlord raised your rent afteryou moved in, the landlord can also make youpay the difference between the last monthsrent paid when you moved in and the higheramount of rent after the rent increase.

ORS 90.300

44. Can I move out if my rental unit isposted or condemned because of a city,county, or fire code violation?

Yes, if your place has been posted as beingunsafe and unlawful to occupy because ofcode violations that affect health or safety andthat you did not cause. You can move outright away by telling the landlord that you aremoving and the reasons for your move. In thissituation, the landlord is required to return,within 14 days, all of the security deposit(except for money you owe for unpaid rentand damages), last months rent, and rent paidfor the current month for the days you couldnot live in the unit. If the landlord knew orshould have known about the conditions, youmight also be able to sue the landlord. Contacta law office for information about your rightsin these cases. See the Time Limit Warningat the beginning of this booklet section

ORS 90.380

45. Should I clean my place when I moveout?

Yes. You should remove all of your things,remove any garbage and reasonably clean theunit. It is a good idea to walk through theclean unit with your landlord and ask if thelandlord thinks that it is clean enough. Askthe landlord to agree in writing that the rentalunit was clean and undamaged when youmoved out and that you do not owe forcleaning or damages. You should takepictures, take notes on what you did to cleanit and have a witness with you if you thinkthat the landlord will later say that it was leftin a mess.

If you do not clean the rental unit, thelandlord usually keeps the deposit and maybill you for additional cleaning and repairs.

The law only requires that you leave the placeas clean as you found it, minus normal wearand tear. If it was a mess when you movedinand you can prove ityou should be ableto leave it in the same condition and still getyour deposit back. But it is a good idea toclean it up so that you will have a betterchance of getting your deposit back and so thenext renter has a clean place. See Question 23for information on refunds of deposits.

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TIME

LIMIT

WARNING


46. Can my landlord force me to leave therental unit?

The landlord must go to court to force you toleave. The landlord cannot legally change thelocks, shut off the utilities, remove yourfurniture, threaten these actions or take anyother action to force you to move without firstgetting a court order.

There are only three ways that a landlord canget a rented place back legally:

1) The tenant can move and return thekeys to the landlord;

2) The tenant can move away, abandoningthe unit without telling anyone of plansto come back; or

3) The landlord can go to court and get anorder, after a hearing, to have thesheriff force the tenant to move out.Only the sheriff, with a court order, hasauthority to physically remove you.

47. What can I do if I am locked out or myutilities are shut off by my landlord?

The only legal way to force you out of yourhome is for the landlord to go to court and getan order that requires you to leave. If thelandlord locks you out, tell the landlord thatit is illegal and ask to be let back into yourhome. If this doesnt work, and if you can getin through a window or another door, do so

and contact a law office. If the landlordrefuses to let you back into your home andyou cannot get in on your own, you can callthe police. They will sometimes help. Theymay say that it is a civil dispute and that theywill not help you. If so, contact a law office.

If your landlord unlawfully changes the locks,shuts off the power, makes serious threats orattempts to shut off your utilities, or takesother out-of-court action to force you tomove, you may file a lawsuit to try to get anorder so that you can return to your home.You can also sue for money damages foran amount up to two months rent or for twiceyour actual damages, whichever is more; andfor another months rent or actual damages ifthe landlord entered your home illegally (forexample, to change the locks). This lawsuitcan include damages for emotional distresscausing loss of sleep, inability to eat, andother interference with your ability to use therental unit. Note: When a tenant sues alandlord for violations of the OregonResidential Landlord-Tenant Act, the lawsuitmust be filed (started) within one year of theincident. Claims based on other laws mighthave different deadlines. ORS 90.375

See Question 28 for information aboutadditional rights that you have if the landlorddoesnt pay utility bills that the landlord issupposed to pay.

THE LANDLORD WANTS YOU TO LEAVE: EVICTION

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48. What does a landlord have to do to evictme?

The landlord must go to court and get a courtorder that says you must leave. A landlordmust first give you an eviction notice, unlessyou had an agreement that expired on a certaindate. If you do not move by the date listed inthe notice, the landlord may take you to court.If your landlord takes you to court, you willbe given legal papers, including a summonsand complaint telling you when to go to courtfor first appearance. See Questions 55 and 56for information on what happens in court.

49. What kinds of eviction notices can alandlord give?

Note: If you live in federally-subsidized hous-ing you have additional rights to the onesincluded in the following rules. See Question10.

For all notices that are mailed, tack on anadditional 3 days to calculate when the noticewill go into effect. ORS 90.150(3)

No-Cause

If you rent month-to-month, your landlordcan give you a 30-day notice (33 days ifmailed and not posted) to leave without givinga reason.

Landlords must give you a 60-day no-causenotice if you have lived in your home for oneyear or longer. This new 60-day notice perioddoes not apply when your home is sold to aperson who plans to live in it as their primaryresidence. Your landlord has to give youproof of the purchase when giving you a 30-day notice under these circumstances.

If you rent week-to-week, your landlord cangive you a 10-day (13 days if mailed and notposted) notice to leave without giving areason.

But, a landlord cannot retaliate or discrimi-nate, as explained under Questions 5, 7,and 9. If you live in a mobile home park orsome kinds of federally-subsidized housing,the landlord may not be able to use a no-causenotice. (See below.) ORS 90.427

For-Cause

Your landlord may also give you a 30-daynotice (33 days if mailed and not posted) forcause with the opportunity to fix the problem.If the problem in the notice is ongoing (anunauthorized roommate, for example), youare entitled to at least 14 days to fix theproblem. If the problem is not ongoing (aloud party, for example), the landlord mayrequire you to immediately fix the problem.

If you cause the same problem within sixmonths after receiving a 30-day notice forcause with an opportunity to fix the problem,the landlord may give a 10-day notice (13days if mailed and not posted) withoutallowing you any time to fix the problem.

If you rent week-to-week, your landlord maygive you a 7-day notice (10 days if mailed andnot posted) for cause, with an opportunity tofix the problem in 4 days. If you cause thesame problem within six months, the landlordmay give you a 4-day notice without allowingyou any time to fix the problem. ORS 90.392

Pets

If you are keeping a pet in violation of therental agreement, the landlord may give youa 10-day notice to remove the pet or move (13days if mailed and not posted). ORS 90.405

If your pet: 1) inflicts substantial personalinjury on someone on the premises, other thanyou; 2) seriously threatens to inflict substantialpersonal injury upon someone on the premises,other than you; 3) causes major damage to theunit on more than one occasion, or 4) commits

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an act that is outrageous in the extreme on, orvery near, the premises the landlord may giveyou a 24-hour notice (add 3 days if mailed andnot posted). This notice must tell you that ifyou remove the pet from the premises beforethe end of the 24-hour notice period you canstay in the unit. If you do this but then returnthe pet to the unit at any later time, the land-lord can give a 24-hour notice (add 3 days ifmailed and not posted). This notice can requireyou to move, without giving you anotherchance to remove the pet. ORS 90.396

Late Rent

The landlord can give you a 72-hour notice topay rent or move after your rent is more than7 days overdue. If your written rentalagreement allows, your landlord may alsogive you a 144-hour notice to pay rent ormove after your rent is more than 4 daysoverdue. The 144-hour notice can be givensooner but must give you longer to pay, so thedate you must pay or move works out to bethe same as with a 72-hour notice. (If you rentweek-to-week, a 72-hour notice can be givenif your rent is more than 4 days late.)

The landlord must accept your full paymentof rent during the notice period. The landlorddoes not have to accept any payments offeredafter the notice period. (If the landlord acceptspartial payment of rent, the landlord cannotevict you for non-payment of rent unless thepartial payment plan is in writing (ORS90.415).)

If your written agreement permits, thelandlord may post this notice on your doorand then mail a copy. The service is thencomplete on the day it is put in the mail. Thelandlord must give three more days for you topay or move if the notice is mailed. If youpay, your money is due by 11:59 p.m. of thethird day for a 72-hour notice or 11:59 p.m.of the sixth day for a 144-hour notice.

Usually you can mail the late rent within thetime periods. BUT if the nonpayment of rentnotice was personally delivered to you (notposted on your door and then mailed) ANDif your written rental agreement and thenonpayment of rent notice require this, youmust bring (not mail) the rent to the placelisted on the notice. (The place for paying rentmust be either on the premises or where youalways pay rent, and it must be availablethroughout the notice period.) ORS 90.394

Personal Injury, Threats, Substantial Damage

If you, your pet, or someone in your control:1) inflicts substantial personal injury uponothers on the premises; 2) seriously threatensto inflict personal injury or recklesslyendangers a person on the premises; or 3)causes major damage to the unit, the landlordmay give you a 24-hour notice (add 3 days ifmailed and not posted). ORS 90.396

Extremely Outrageous Acts

The landlord may give you a 24-hour notice(add 3 days if mailed and not posted) if you,your pet, or someone in your control commitsan act that is outrageous in the extreme on, orvery near, the premises.

Someone in your control means a personthat you permit to come to or stay in yourplace when you know or should know that heor she is committing (or is likely to commit)an outrageous act, personal injury, substan-tial damage, or seriously threatening injury ordamage.Outrageous acts include (but arentlimited to) drug manufacturing or delivery,gambling, prostitution activity, burglary, orintimidation. The act must be extreme orserious. If not, the landlord must use a 30-dayor a 10-day notice and not a 24-hour notice toevict a tenant.

ORS 90.396

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Drug- and Alcohol-Free Housing

If you live in drug- and alcohol-free hous-ing (see below) and have lived there lessthan 2 years, your landlord may give you a48-hour notice for consuming, possessing orsharing drugs or alcohol on or off the pre-mises. The notice must tell you what you didwrong and give you 24 hours to fix the prob-lem. If you correct the problem within 24hours, then you may stay. ORS 90.398

If you possess or use drugs or alcohol againwithin 6 months after receiving a 48-hournotice with a 24-hour opportunity to fix theproblem, the landlord may give you a 24-hournotice to move without any chance to fix theproblem. ORS 90.398

Drug- and alcohol-free housing for arental complex to qualify as drug- andalcohol-free housing one tenant in each des-ignated dwelling must be a recovering alco-holic or drug addict participating in an addic-tion recovery program, such as AlcoholicsAnonymous or Narcotics Anonymous. Thelandlord must be a nonprofit corporation ora housing authority, must provide a drug- andalcohol-free environment, and must providevarious forms of support for the tenants re-covery. There must also be a written rentalagreement that states that the housing isalcohol- and drug-free, that the tenant mustparticipate in a program of recovery and inurinalysis testing, and that the tenant may beevicted for not following these rules.

If a tenant living in a group recovery home(usually these are Oxford Houses) has used orpossessed alcohol or drugs within the pastweek, the home may have a police officerremove you from your housing with 24-hoursnotice if there is proof of relapse. Thelandlord is required to give you written noticeexplaining the reasons for removal, thedeadline for move-out (which must be at least24 hours after the notice is served). The home

must allow you to follow any emergencydeparture plan previously agreed to at the timeof your admission to the drug- and alcohol-free housing.

A tenant who has been removed in this wayhas a right to challenge the removal. If a courtfinds that the group recovery home misusedthe removal process, the tenant is entitled toat least 3 months rent as damages andinjunctive relief to regain possession.

The group recovery homes landlords arerequired to send copies of all notices ofremoval to the Oregon Department of HumanServices in order to keep a file available tothose who may wish to monitor the process.

ORS 90.243

Unlawful Occupant

If the original tenant has moved and you aresubleasing in violation of a written rentalagreement that prohibits subleasing, and thelandlord has not knowingly accepted rent fromyou, the landlord may give a 24-hour notice(add 3 days if mailed and not posted).

ORS 90.403

Dwelling Posted for Code Violations

If a government inspector posts your dwellingas unsafe and unlawful to occupy, the landlordmay give you a 24-hour notice unless theproblems were caused by the landlord.

ORS 90.380

Employee Termination

If you live in a place because of your employ-ment in or around the rental building (forexample, a resident manager), you can begiven a written notice of at least 24 hoursterminating your employment. After the timein the notice has passed, the former employercan file an eviction but cannot lock you out orcall the police for trespass. If you receive this

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kind of notice, you should contact a lawyer.ORS 91.120

Note: Farmworkers who work in fields, andnot in and around the rental buildings, maynot be evicted with this kind of 24-hournotice.

50. What notice do I get if my landlordconverts my dwelling into a condo?

Before a landlord can convert your dwellinginto a condominium, the landlord must pro-vide you with a 120-day notice of eviction.This notice must tell you about rent increaserestrictions, financial assistance that may beavailable to you in buying the unit, the prohi-bition on eviction without cause within the120-day notice period, and must include anoffer to sell the living space to you. Duringthe 120-day notice period, the landlord is notallowed to evict you without cause or to enactunscheduled rent increases (over cost-of-livingincreases). Tenants may recover damages ofup to six times the monthly rent if landlordsviolate these provisions. There are also newlimits on the rehabilitation of common areasduring the 120-day period.

51. How does a landlord give an evictionnotice?

The landlord must hand-deliver the evictionnotice, mail it to your address, or put thenotice on your door and mail you a copy. Ifthe notice is handed to you, the notice periodstarts to run immediately. If it is only mailedto you, the landlord must add 3 days to lengthof notice time. If it is posted and mailed(where the written rental agreement requiresthis kind of service of both the tenant and thelandlord), the notice starts to run either whenthe landlord mails the notice or, for 72-hourand 144-hour notices, at 11:59 p.m. on theday the landlord posts and mails the notice.

All eviction notices must be in writing. ORS 90.155, 90.160

52. Can I be evicted for nonpayment if Ipaid part of the rent this month?

If the landlord accepts part of the rent, thelandlord may not evict you during the samemonth for nonpayment of rent, unless youagreed to pay the balance on a certain day andthen did not pay. If the landlord accepted partof the rent after serving a 72-hour or 144-houreviction notice, it is harder for the landlord toevict you. Contact a lawyer if the landlordfiles for eviction. But the landlord has notaccepted the partial rent payment if thelandlord refunds the rent within 6 days ofreceiving it. The refund may be by personaldelivery or first class mail (mailed within the6 days). The refund may be in any form ofcheck or moneythe landlord doesnt have toreturn the tenants check. If you are a Section8 tenant, a landlord can accept the Section 8rent assistance payment and still evict you ifyou dont pay your portion of the rent.

ORS 90.415(5)-(9)

53. Can I be evicted if I have paid my rent?

Even if you paid your rent, you can be evictedfor other reasons. See Question 49 for theother types of evictions.

If you have been given a 30-day no-causeeviction notice and the landlord accepts a rentpayment that covers more than the 30 days,you can still be evicted after the 30 days. But,to be able to evict you, the landlord mustreturn the extra rent to you within 6 days ofreceiving it. (Example: The landlord givesyou a 30-day notice on July 15th and acceptsa full months rent payment from you onAugust 1st. On August 7th the landlordreturns the rent that you paid that covers thetime from August 16th to August 30th. Youcan be evicted after August 15th.)

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54. What happens if I dont move out aftergetting an eviction notice?

The landlord must go to court to legally forceyou to move. The landlord will file a lawsuitcalled an FED, forcible entry and detainer.The sheriff or someone serving the courtpapers (FED Summons and FED Complaint)will hand them to whoever answers the doorat your home or will tape them to the doorand mail a copy later. The papers will tell youwhen and where to appear for court for whatis called first appearance. The date will beabout 7 days away in most counties. It is agood idea to get legal advice as soon as youget the papers.

55. What happens at the first appearance incourt? What happens if I dont go?

When you go to court on the date listed on thecourt papers, this is called first appearance.The process varies from county to county. Inmost counties in Oregon, tenants may:

1) Ask the judge to dismiss the case if thelandlord does not show up;

2) Tell the judge about any agreements youmade with the landlord before court. Ifthe landlord agreed to give you time tomove, both you and the landlord shouldgo to first appearance and tell the judgethe terms of the agreement;

3) Ask the judge for a little time to moveand have a good reason; or

4) Ask the judge for a trial and a fee waiveror deferral if you have a defense. SeePage 36 for information about defenses.

The judge may ask you to try to work theproblems out with your landlord by goingthrough a mediation, before a trial isscheduled.

The landlord might ask you to agree to andsign a stipulated order. Stipulated means

that both you and the landlord agree to theterms of the paper that you sign. The stipu-lated order will sometimes say that you canstay in your place if you pay all of the backrent and other costs by a certain date and itcan also require you to stay current on yourrent for the next three months after you makethe agreement. It will also probably say thatyou agree to move out if you dont pay by theagreed-upon date and that the landlord willhave a judgment for the rent (a court orderthat says you owe the money). You dont haveto sign the stipulated order, but if you do anddont follow what it says, the landlord can geta judgment against you and can enforce theagreement. If you live up to the agreement butthe landlord says that you did not, you havethe right to find out what the landlord saysand to have a hearing before the sheriff movesyou out. You should carefully read any papersthe landlord gives you before signing.

ORS 105.146

If you ask for a trial and you do not have anattorney, you must fill out a form answer andfile it on the same day that you first go tocourt. Most courthouses have form answersyou can use to describe your defenses. SeeHow to Use a Form Answer in an Evictionon Page 36. There will be a filing fee incourt. If you cannot afford the filing fee,ask the judge for a fee waiver or deferralat first appearance at the same time thatyou ask for a trial. Get a trial date from theclerk when you file the form answer. It is agood idea to talk to a lawyer before asking fora trial, even if you are going to representyourself.

When you go to court, you should get thereon time and be neatly dressed. Look at thejudge while speaking, stay calm, and bepolite.

If you do not show up in court for first ap-pearance on the date listed in the papers, yourlandlord wins automatically. The landlord will

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get a court order directing you to move andmay have the sheriff or process server post afour-day notice. See Question 58.

56. What happens at an eviction trial?

When you file your answer and ask for a trial,the court clerk will give you a date for yourtrial. Prepare for your case before you go tocourt. See Page 38.

At the trial you will need to prove thedefenses listed in your answer. Bring photosof the conditions, copies of

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