TEL-LAW tape number 7016:
brought to you by the Oregon State Bar and your local bar association.
Rights and Duties of Tenants
The material presented is intended to alert you to possible legal problems and solutions.If you rent a house or an apartment from someone, you enter into a legal contract with the person, known as a landlord and tenant relationship. As a tenant, you have certain rights and certain duties. It is important that you know what they are. First of all, you have the right of peaceful possession. This means that even though the landlord keeps legal title to the property, you have the use of the property. The rented house or apartment is considered your home. With this goes the right of privacy. No one may invade your "home" without legal authority. Even the landlord, who has the right to inspect the property, must give you at least 24 hours notice before entering the property, except in case of emergency, agreement to the contrary or unless it is impracticable to do so. ORS 90.335(3)
The landlord may enter your property in order to make inspections, make necessary repairs, supply necessary services, or to show the property to prospective buyers or work people, and you cannot unreasonably withhold your consent. ORS 90.335(1) However, the landlord cannot abuse this right of access, use it to harass you, or enter at unreasonable times. ORS 90.335(3)(a)
Another important right is your right to a "habitable" home. ORS 90.320(1) This means that the dwelling place must be safe and sanitary. ORS 90.320(1)(f) It must be free of pests, and there must be proper wiring, plumbing, heating and weatherproofing. ORS 90.320 (1)(a),(b),(d),(e) These must be maintained throughout the rental period. If repairs are needed for safety or sanitation, the landlord must make such repairs without cost to you. If a landlord deliberately refuses to provide essential services, and if the condition was not caused by your own negligent or deliberate act, you may cause the necessary work to be done in a workmanlike manner, if you first give written notice to the landlord specifying the problem. ORS 90.365(1) The cost of the repairs can be deducted from your rent, after submitting the receipts to the landlord, as long as the cost of the work is no more than $200. ORS 90.365(3)
You can consider taking legal action against the landlord for failure to maintain the dwelling. Before taking any kind of action concerning repairs, it is important to check the law. The landlord cannot raise your rent or evict you in order to get even with you because you have reported a violation. ORS 90.385
You have specific duties as a tenant. One of your duties as a tenant is to use the property only as a dwelling. ORS 90.340 Another is to pay your rent. You also must keep the property reasonably clean. ORS 90.325 At the end of the rental term, you must return the property to the landlord in the same condition in which you received it except for reasonable wear and tear.
If you have a month-to-month rental agreement, either you or the landlord can end the agreement with 30 days written notice. ORS 90.900(2) The landlord doesn't have to give you a reason with a 30 day notice. If you have a rental agreement for a term, for instance a year, you may not be evicted before the end of the term without a good reason. If your rent is more than 7 days overdue, your landlord may give you written notice telling you to pay within 72 hours or he or she may evict you. ORS 90.400(2) If you are causing serious harm to the landlord or his or her property or are committing outrageous acts, you can be given 24 hour written notice to leave. ORS 90.400(3) This notice must tell you why you are being evicted. The landlord cannot evict you for illegal discriminatory reasons. ORS 90.390 In addition, you may not be evicted in retaliation for making complaints about conditions to the landlord or a public agency or for joining or organizing a tenant organization. ORS 90.385 However, if the landlord has properly served you with a notice and you do not move, he or she can seek a court order to have you evicted. ORS 105.115 You have the right to appear at the court hearing to challenge the landlord's request for an eviction order. ORS 105.137 Until the landlord has obtained a court order to evict you, he or she may not try to force you to leave by putting your belongings out, locking you out, or shutting off your utilities. ORS 90.435 In other words, your right of possession is a legally recognized and protected right that cannot be ended without legal action. However, if you don't defend yourself successfully in the legal proceedings to evict you, you can be put out, and you may be required to pay the landlord's court costs and attorney fees. ORS 105.137(1) If you don't feel you should be evicted, it is wise to consult an attorney.
If you pay a deposit when you rent a house or apartment, the landlord must account for the deposit within 30 days of the termination of the tenancy, holding back only what is necessary to pay for any damage directly caused by you or as the rental agreement may otherwise provide concerning the use of the deposit. ORS 90.300
The basic rights and duties that have been mentioned apply whether or not your agreement with the landlord is in writing. ORS 90.100(13) Some of these rights and duties are so basic that they cannot legally be taken away by a written agreement. ORS 90.245 If you or the landlord want additions or changes to your rental agreement, you should make an agreement in writing specifying the additions and changes. Both the landlord and the tenant have the duty to observe federal, state and local laws concerning the use and condition of the property.
By renting a house or an apartment, you and your landlord have entered into a legal relationship. If you each know your duties under the relationship and abide by them, the arrangement can be friendly and beneficial to both of you. But if disputes arise, it is necessary to know your rights and how to defend them.
This is a complex and changing area of the law. It is important that you realize that some of the information on this tape may be out of date by the time you hear it. This tape is not intended to be legal advice regarding your particular problem, and is not intended to replace the work of an attorney. If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can assist you. The number to call is 684-3763 or toll-free in Oregon, 1-800-452-7636. They will help you contact a lawyer who can advise you.
The foregoing text is a transcription of a Tel-Law transcript that you can hear by calling 503-620-3000 or toll free (in oregon only) at 1-800-452-4776. OLA brings this transcription to you with the cooperation of the Oregon State Bar. this script is based on Oregon law, produced by volunteer lawyers as a public service. The law of other states may be different. Also, the information may be out of date. OLA encourages you to seek an attorney before relying upon this information.
(10/18/95)