When The Landlord Will Not Fix It
ORS 90.368 and ORS 90.360 — repair and deduct up to $300 after seven days, or notice to end the tenancy
Minor defects: repair and deduct up to $300. If the landlord fails to repair a minor habitability defect, one that can reasonably be fixed for not more than $300, such as leaky plumbing, a stopped up toilet or a faulty light switch, the tenant may have it repaired and deduct the actual and reasonable cost, up to $300, from later rent. Mold, radon, asbestos and lead-based paint are not minor defects.
First, the tenant gives written notice describing the defect and the intent to repair and deduct if it is not fixed by a date at least seven days away. The work has to be done in a workmanlike way by someone other than the tenant, and the tenant gives the landlord a written statement of the cost from the person who did it. The remedy is not available if the tenant knew of the defect for more than six months before giving notice.
Essential services. If the landlord intentionally or negligently fails to supply an essential service, the tenant may give written notice and, after a reasonable time, buy reasonable amounts of the service and deduct the cost from rent, recover damages for the lost rental value, or, if the unit is unsafe or unfit, move to substitute housing and pay no rent for that period. A lack that poses an imminent and serious threat allows notice ending the tenancy in not less than 48 hours unless fixed.
Ending the tenancy. For a material noncompliance, the tenant may give written notice that the agreement ends on a date not less than 30 days away unless the breach is remedied within seven days for an essential service or 30 days otherwise. The tenant may also recover damages, and the landlord returns the deposit and prepaid rent if the tenancy ends.
None of these remedies is available for a condition the tenant or the tenant's guests caused. The landlord's underlying duty to keep the unit habitable is in a section amended after the current edition was published, and is not quoted here. Whether a particular defect qualifies is a question for a licensed Oregon attorney.
Sources for this section (3)
- ORS 90.368 — Repair of minor habitability defect
- ORS 90.360 — Effect of landlord noncompliance with rental agreement or obligation to maintain premises
- ORS 90.365 — Failure of landlord to supply essential services
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.