Landlord - Tenant Law in Oregon

1 Landlord - Tenant Lawin OregonRental AgreementsDepositsGetting Repairs DoneEvictionsLegal Aid Services of Oregon Community Education Series 20102 Visit our 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.

2 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 : 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 You do not need to readthese or any other laws to use this NumbersLAWS AND ORGANIZATIONS THAT HELP CLIENTS.

3 1 Residential Landlord and Tenant Act .. the law protect tenants?.. if I haven t discussed the terms of my tenancy with my Landlord ?.. the Landlord and Tenant laws protect people who are living in a hotel or motel?.. are my rights if I rent space for a mobile home or houseboat?.. 2 Discrimination Against Tenants .. 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?

4 A Landlord have to make a unit accessible if I have a disability? .. a Landlord refuse to rent to me or treat me differently because I have children? .. a Landlord rent to me if I am younger than 18? .. a Landlord refuse to rent to me because a former Landlord tried to evict me from another place? ..3 Federally-Subsidized Housing .. rights do I have if I live in federally-subsidized housing? .. do I get into federally-subsidized housing? ..4 Self-Help for Tenants .. is a tenants union? .. can small claims court help me?.

5 4 MOVING IN: RENTAL should I do before I rent a place? .. is a rental agreement? .. I keep receipts, copies of letters I send to my Landlord , and other documentation of agreements that I made with my Landlord ? .. is a lease? .. the rental agreement waive or take away the Tenant s rights under the Residential Landlord and Tenant Act?..6 APPLICATION FEES, DEPOSITS, RENT INCREASES, LATE CHARGES, UTILITY BILLS . is the difference between a fee and a security deposit?.. I find a place that I want to rent, can the Landlord make me pay in order to apply?

6 I rent a place, can a Landlord make me pay a deposit?.. I get interest payments on a security deposit? .. if my Landlord does not return my refundable security deposit?.. happens if the place I am renting gets a new Landlord ? .. my Landlord raise my rent after I move in? .. a Landlord charge me late fees for late rent payments? .. a Landlord charge me utility or service fees? .. can I do about utility bills that I don t owe? .. 9 RIGHT OF ENTRY, RETALIATION .. my Landlord have a right to enter the rented space? .. a Landlord retaliate against me after I complain about the need for repair?

7 11 GETTING REPAIRS DONE .. the Landlord have to make repairs? .. can I do if my Landlord will not repair my place? .. can I do if my Landlord fails to provide an essential service ? .. I am a victim of domestic violence, stalking, or sexual assault, may I have my locks changed? .. I withhold rent if repairs aren t made? .. I hire a repair person to do the repairs and deduct the costs of repair from the next months rent? .. there any risks if I use the repair and deduct section?.. I call the building inspector, can I be evicted?

8 My Landlord bill me for repairs?..16 MOVING OUT .. I have to give notice to my Landlord before I move? .. I have to pay rent for the full 30 days after I give the Landlord notice that I m leaving?.. I am a victim of domestic violence, stalking, or sexual assault,can I terminate my rental agreement more quickly?.. I paid last month s rent when I moved in, will I have to pay any more rent when I give a 30-day notice that I am moving?.. I move out if my rental unit is posted or condemned because of a city, county, or fire code violation?

9 I clean my place when I move out?..18 THE Landlord WANTS YOU TO LEAVE: my Landlord force me to leave the rental unit? .. can I do if I am locked out or my utilities are shut off by my Landlord ? .. does a Landlord have to do to evict me? .. kinds of eviction notices can a Landlord give? .. notice do I get if my Landlord converts my dwelling into a condo?.. does a Landlord give an eviction notice? .. I be evicted for nonpayment if I paid part of the rent this month? .. I be evicted if I have paid my rent?.. happens if I don t move out after getting an eviction notice?

10 Happens at the first appearance in court? what happens if I don t go?.. happens at an eviction trial? .. I go to eviction court without a lawyer?.. I be forced to leave my home if the Landlord gets a court order that requires me to move? .. there is a trial in my eviction case and the Landlord wins, do I have to pay back rent and legal costs? .. I do not pay my rent, how long will it be before I have to move? .. can I do if I have children and I am facing eviction? ..26 GETTING YOUR THINGS BACK .. happens if I leave my things in my place after I leave or have been evicted?