Landlord-tenant law is confusing and complicated. At times it can seem like a jigsaw puzzle with no pictures on either side. Many new students are first-time renters and get taken advantage of by landlords who count on them not knowing the law or not being able to sue in small claims court.
Below are the basics of landlord-tenant law according to the Oregon State Bar and tenant.net, including the most common questions you may have or may run into. It is by and large not a substitute for legal counsel, and if clarification is needed, refer to ORS Chapter 90, Title 10.
Discrimination
• You may not be discriminated against because of race, color, national origin, religion, sex, family status (children), and physical or mental disability.
• Additionally, marital status, sexual orientation, source of income, or a victorious eviction suit over a former landlord may not be used to discriminate against someone.
• A landlord may not, based on the discrimination categories listed above: refuse to rent or negotiate a rental to you; lie about the availability of rentals; treat an individual differently concerning the rental; or make statements or advertise about intending to exclude certain types of people; evict, harass, intimidate, or threaten the renter, a guest of the renter, or a member of the rental’s household.
• In addition, people with disabilities have a right to modify their rental as needed to assist their mobility, but must pay for it themselves under more circumstances.
Application fees, rent
• You can’t be charged an application fee to be put on a waiting list.
• You can be charged a non-refundable applicant screening fee; if the fee is not used, it must be refunded.
• Deposits can be taken for pets, cleaning, keys, and security only.
• If a rental gets a new landlord, the previous landlord’s contract is binding, and unless you sign a new rental agreement, you can rent until the previous agreement expires.
• Landlords may only charge late fees for late rent if the rental agreement that you signed explicitly states that they have the ability to do so.
• You are not required to pay utilities left unpaid by a previous renter. You may pay them and take them out of your rent, or work it out with your landlord.
• If you are unhappy for any reason, you can move out within four days, in which time the landlord must return your rent and refundable security deposit.
Landlord requirements
• Landlords must give you 24 hours written or verbal notice before entering the rental or yard — the same goes for workers they hire. A landlord may come onto a property to place a written notice on the door.
• If a landlord enters a rental without permission, you may sue for damages or one month’s rent, whichever is greater.
• Landlords cannot retaliate against if you if you complain about the need for repair.
• Landlords must keep your rental and public spaces in good repair.
Your rental, under law, cannot go without:
• Hot and cold water connected to a sewage system
• Safe drinking water
• Smoke detectors installed and working
• Appliances and air conditioning in working order
• Adequate ventilation
• Working keys, locks, and window latches
• Garbage containers and garbage service
• Adequately maintained plumbing, heating, and electrical equipment
• Walls, floors, ceilings, stairways, and railings in good repair
• The place must be clean and in good repair when you move in
• Areas controlled by landlord must be safe for normal use
Steps to follow if your landlord won’t repair something:
• Verbally ask your landlord to make repairs
• Write a letter to ask your landlord to make repairs (imperative: keep a copy of the letter)
• Call an inspector to verify that something is broken
• If that still doesn’t elicit a response, you may call legal services and consider a lawsuit in small claims court
• After calling legal services, you may choose to withhold rent in order to force repairs. It is best if you don’t withhold a full month’s rent. Withhold an amount that you think is fair compared to what is broken.
• Have a lawyer send a letter explaining the reasoning behind the rent withholding
• In most cases, withholding rent will land an eviction notice on your door. Prepare to go to court and prepare to pay a full month’s rent.
Eviction
• A landlord cannot evict you by changing the locks, shutting off utilities, or moving your furniture. They may do nothing outside the courthouse to get you to leave. They cannot force you off the premises without a court order and a sheriff to enforce the court order.
A few last tips for moving out
• 30 days notice must be given before moving out
• If you move out, you still have to pay the full month’s rent
• If you paid last month’s rent when moving in, then you don’t have to pay rent after giving your 30-day notice.
For Discrimination: Call the National Fair Housing Hotline: 1-800-424-3247 or the Oregon Bureau of Labor, Civil Rights division in Eugene: (541) 686-7623
[email protected]
Don’t get pushed around; Know your renters’ rights
Daily Emerald
April 22, 2010
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