Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it 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 help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding habitablity is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

What does it take for a rental to be habitable?
Every rented residential unit in Oregon, regardless of how low the rent is, must meet certain standards for safety, health and cleanliness. These are called "habitability" standards.

A rental must be waterproof and weatherproof. That means that doors and windows should seal properly, and that the roof, floors, and walls keep out wind and rain. Windows should latch, and all outside doors should have locks. Those locks should work properly with the keys the landlord provides to the tenant.

A unit must have hot and cold running water supplied through appropriate fixtures that are connected to a sewage system. The water must be safe to drink. Also, the plumbing system must be adequate for normal use and in good working order.

The unit must have a heat source or sources adequate to heat the whole unit. The heating system must have been properly installed and be safe and in good working order. Electrical equipment and lighting must be properly installed, and also must be adequate for normal use and kept in good working condition.

The unit must be safe from fire hazards and the landlord must place at least one working smoke detector in the unit. Tenants must test the smoke detectors at least once every six months. Tenants are responsible for replacing batteries in smoke alarms.

If the rental unit includes appliances, they must be in good working order. These include stoves, refrigerators, air conditioners, and ventilators. Sometimes, air conditioning and ventilation systems may serve a large building and aren't necessarily placed in a specific unit; even so, the landlord has the duty to maintain them for the use of the individual units. The landlord also must keep elevators in good working order. This applies not only to the tenants' individual unit, but also to common areas, such as hallways and stairs in an apartment complex. Floors, walls, ceilings, stairways and railings must be maintained in good repair.

In fact, the landlord must make sure that the building, outbuildings, and the grounds are clean and free of trash, rodents, and bugs. When the tenant moves in, the whole property should be safe inside and out. When a tenant moves into a rental unit, the place must be clean. The landlord has a continuing responsibility to keep the place decent, healthy, and safe to live in.

What about trash collection and recycling?
If the rental unit is in Portland, the landlord must have an adequate number of trash containers in good condition and provide trash collection service once a week. In areas outside of Portland, a landlord is also required to provide an adequate number of trash containers and to arrange for their removal unless the landlord and tenant have a different agreement in writing. In any city or county that has multi-family recycling service, a landlord with five or more units on one parcel of land must provide a place for recyclable materials and regular collection of it.

What are the tenants' responsibilities?
If you are a tenant, once you move in you also will have certain responsibilities to keep the place habitable. You must use the rooms, appliances and facilities in a reasonable manner. You must keep the rental clean and free of trash and remove trash properly.

You must test the unit's smoke detectors at least once every six months and replace the batteries in the smoke detector as needed. Tell your landlord in writing if a smoke detector provided by the landlord isn't working properly. Do not remove batteries or tamper with a properly working smoke detector.

You must not either deliberately or negligently destroy or remove any part of the rental property. As a tenant, you also are responsible for the actions of your family and for anyone else who is on the premises with your permission.

What about repairs to the rental unit?
Immediately report any habitability or other problems to your landlord. It is against the law for a landlord to retaliate against you if you are seeking repairs. For more information, read Residential Eviction Defenses.

There are special circumstances when you and the landlord can agree that you will perform certain repairs or improvements or you can have repairs made and deduct the cost from rent. To learn how this should be done, read Getting Repairs Made.

What if the rental was condemned?
In rare cases, a landlord might rent a residence that has been condemned for health or safety reasons by a government agency. If the landlord does so knowingly, the tenant may immediately end the tenancy simply by telling the landlord.

A government agency may condemn a rental after the tenant moves in. If the condemnation was not caused by the tenant's misuse of the property, the tenant has the right to end the tenancy immediately simply by telling the landlord. In either case, the landlord must return all deposits and prepaid rent within 14 days. A landlord who knew or should have known about the condition causing the condemnation is liable for money damages. Tenants in these situations should get legal advice about their rights.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.