Experienced landlord tenant lawyers will warn students that renting property can be like going to war.
Most landlords are judicious, responsive and amicable, some will often behave as their title entails: as feudal monarchs of their estates, respecting neither the tenant’s privacy nor well-being.
College towns especially create a feeding ground for predatory landlords because there is an atmosphere of misinformation and assumed helplessness under the law.
Even Eugene has some neglectful proprietors who capitalize on the fact that students often don’t know the law and are financially strapped to the point that they will tolerate living almost anywhere.
The key to insulating yourself from landlord abuse involves knowing your rights as a tenant and knowing how to document uninhabitable living conditions so, if you must break a lease, you have case evidence if forced to go to court.
University political science professor John Davidson practiced landlord tenant law in Eugene in the late ’90s, gaining much of his attorney experience while working for ASUO Legal Services representing student renters.
Davidson remembers about five to 10 landlords’ names repeatedly coming up as defendants in court — long-time proprietors hell-bent in their ways with little regard for stricter tenant protections.
“A decade ago there was a small set of small landlords who, because of habitability violations or other practices, made up a disproportionate share of my case load,” Davidson said. “There were also one or two property management companies that figured in more than their share of controversies.”
The most important power a tenant has over their landlord is their signature. Scribbling your John Hancock on a formal lease agreement, notes the Legal Services website, means you agree to be “responsible for the premises ‘as is’ unless prior written agreement is made between the tenant and their landlord.”
Many leases have an “addendum” at the end which provides the tenant to list any imperfect conditions, whether it be broken windows, holes in drywall or dirty carpets.
Legal Services advises conducting a walk-through of the property with the landlord or manager and jointly signing an inventory report of questionable conditions as close as possible to the beginning
of tenancy.
Eugene’s Rental Housing Code, supplementing the State of Oregon Residential Landlord
and Tenant Act, provides “minimum habitability criteria,” which work to ensure adequate plumbing, weatherproofing, smoke detectors and heating capabilities, along with secure doors and windows, for all rented property.
Chapter 90.365 of the state law, titled “Failure of Landlord to Supply Essential Services; Remedies,” provides tenants with the right to give written notice to the landlord specifying code violations, as well as the right to seek services, diminution in rent or substitute housing as compensation.
If “reasonable time” elapses before a landlord addresses problems which pose “imminent and serious threat(s) to tenant’s health, safety or property,” the tenant has the right to terminate the lease agreement after 48 hours.  
Students are particularly vulnerable to landlord mistreatment because they are relatively new to the housing market and, unless fluent in tenant law jargon, have only a fuzzy notion of the legal distinction in state law and city codes between “inhabitable” and “uninhabitable.” But if you take the time to bone up on tenant law and your rights as a renter, it can prevent legal troubles and ensure that you have a secure and comfortable place to call home.
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How to break a lease because of habitability issues

1. Brush up on Oregon tenant law and photograph all possible infractions, including lack of safety and heating capabilities (door and window locks, smoke detectors, fire extinguishers, central heating) and health hazards (mold, rodent infestation, exposed insulation).
    
2. Promptly report infractions to landlord, and consult the lease addendum to see if issues were addressed by both parties at the beginning of tenancy.
    
3. The law affords landlords 48 hours after notification to amend any conditions that leaves tenant’s property insecure or threatens the tenant’s health or safety.
    
4. If the landlord does not attempt repairs within the time period, the tenant has the legal right to vacate the premises and is absolved from forfeiting deposits or paying breach-of-contract penalties Note: It is best to seek legal help before physically breaking any contractual obligations. Be sure to get a reliable assurance that the landlord’s defense will not hold up in court.