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Notice of Rent Withholding

This is a sample letter to send to your landlord when you feel you have tried all avenues to get your landlord to make repairs. (See Questions 32, 33 and 35). You can also go to court and get an order requiring the landlord to make repairs without waiting for the landlord to evict. You will probably need a lawyer to do this.

WARNING: You should withhold rent only if you are willing to fight an eviction for non-payment of rent. You may want to withhold only part of the rent instead of all of it. Talk to a lawyer before withholding rent. Open a bank account and save all of the withheld rent. That way the withheld rent will be available in case the judge orders you to pay all the rent into court before you can fight the eviction. It will also give you something to negotiate with the landlord. Evictions that go through court may appear on your credit record and may make it difficult for you to rent in the future. (You have the right to dispute the accuracy of your credit record.)

(date)

Dear (landlord's name):

Since moving in on (date), we have discussed needed repairs on many occasions (add sequence of events and dates). As I am sure you are aware, Oregon law requires landlords to maintain rentals in livable condition, and the requirements are quite specific. (ORS 90.320) The specific repairs needed to satisfy the law are as follows: (list needed repairs).

This letter constitutes notice that I will not be paying $ (amount) of my rent until you make sincere attempts to complete the above listed repairs. Please respond in writing by (date) indicating when these repairs will be started and completed.

Sincerely,

(your name and address)

 

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