I rent an apartment in Oregon, If my landlord refuses to maintain the grounds is my only remedy to end the rental agreement and leave? If so how is this a "remedy" if I can end the agreement with a 30 day notice at any time? what if I don't want to leave? Is there any way to force landlord to comply with the law?
Answer
You can arguably use the deduct and repair remedy under ORS 90.368. You have to provide seven days written notice, and the maximum you can spend is $300 and you have to hire someone other than yourself to do the work and you need to keep and share receipts showing your expenses. And whenever you're using deduct and repair, there's always still a chance that your landlord will attempt to terminate your lease for nonpayment of rent (or without cause). But just the threat alone of deducting money from the rent to have someone else do the work might spur the landlord to do the right thing. Of course, if staying in the place no matter what is worth more to you than having the work done, you might just be better off doing the work yourself or letting it go. Proving retaliation for a no-cause termination notice is pretty difficult.
http://www.oregonlaws.org/ors/90.368
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