What does Oregon law require a landlord to repair?

Verified August 29, 2026 All Oregon topics →

Oregon requires a landlord to keep a rented dwelling in a habitable condition at all times, and it measures that against a specific statutory list rather than a general standard: a unit is unhabitable if it substantially lacks any of the listed items.

Cited to ORS 90.320 (landlord to maintain premises in a habitable condition) (1) and 16 more cited sources · Verified August 29, 2026

The duty is entirely statutory, and the Oregon Supreme Court held in 2025 that it reaches beyond the unit itself to areas the tenant uses to get there, such as a shared exterior hallway. After written notice, the landlord has seven days to fix an essential service and 30 days for anything else, with the tenancy ending on a date not less than 30 days out if the work is not done, and three days added to any period when the notice goes by mail. An essential-service failure can end the tenancy in 48 hours. A tenant may have a minor defect repaired and take the cost off the rent only where the repair is reasonably possible for not more than $300, and may not do the work personally. Oregon gives no right to withhold rent, but a court can order rent paid into court inside the landlord's own case, and does so automatically when the tenant gets a continuance longer than two days. Retaliation is barred with no presumption and no time window, and the remedy is up to two months' rent or twice the tenant's damages, whichever is greater.

Oregon habitability & repairs at a glance

Where the duty comes from Statute — no independent court-created warranty operates alongside it
Duty source details The duty comes from ORS 90.320, which requires a landlord to maintain the dwelling unit in a habitable condition at all times and then lists what a unit may not substantially lack. Oregon's legislature chose that list deliberately in 1973 to replace the vague standard of a fit and habitable dwelling, and the legislative history the Oregon Supreme Court set out in Jackson v. KA-3 Associates, LLC (2025) records the point in terms: the specific duties were adopted so that a landlord need not face a vaguely worded implied warranty of habitability imposed by a court. Oregon courts construe and enforce ORS 90.320, and Jackson holds that conditions outside the unit can make it unhabitable, but no judge-made warranty of habitability operates alongside the statute in a residential tenancy.
Who is covered Statewide — no coverage split
Where the repair standards live The statute itself lists specific standards
What must be kept in repair The statute states a threshold and then a list: a dwelling unit is unhabitable if it substantially lacks the enumerated items. The enumeration reaches buildings, grounds and appurtenances, all areas under the landlord's control, and elevators, which is why the Oregon Supreme Court held in 2025 that the duty covers a shared exterior hallway a tenant uses to reach the apartment. Two additions are recent and worth naming. Cooling: for a dwelling unit in a building whose construction permits were issued on or after April 1, 2024, the unit must have adequate cooling facilities providing cooling in at least one room other than a bathroom, conforming to the law in force at installation and kept in good working order, and a landlord-provided portable air conditioning device satisfies the duty alongside central air conditioning or a heat pump. Access: since June 5, 2026 the landlord must supply a means of unlocking the unit's locks and of unlocking or otherwise accessing all common areas or common facilities the tenant has access to, such as an access code, fob, key card or other tangible key, and the means offered must include at least one that is not a tenant portal. Heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows and any landlord-supplied cooking appliance or refrigerator are separately named as essential services, which carries a faster remedy track. Manufactured dwellings, recreational vehicles and floating homes owned by the tenant on rented space are handled by a different section and are not governed by this one.
Heat standard type A duty to provide working heating equipment — capability, not a temperature guarantee
Heat standard details The heat duty is equipment-shaped: a dwelling is not habitable if it substantially lacks adequate heating facilities that conform to applicable law at the time of installation and are maintained in good working order. No temperature figure and no seasonal window appear in the statute. A heating failure is also a failure of an essential service, which opens the faster essential-services remedies.
Headline repair day count 30 days
Notice and repair-window rules The general track runs on written notice under ORS 90.360: the tenant delivers a written notice specifying the acts and omissions constituting the breach and stating that the rental agreement will end on a date not less than 30 days after delivery if the breach is not remedied. The cure period inside that notice is not a single number. The landlord has seven days for an essential service and 30 days in all other cases, and for a week-to-week tenancy the termination date is not less than seven days after delivery. If substantially the same act or omission recurs within six months of a notice, the tenant may end the tenancy on at least 14 days' written notice, or seven days in a week-to-week tenancy. An essential-service failure has its own much shorter track under ORS 90.365, where the notice states that the agreement ends in not less than 48 hours unless the breach is remedied in that period. Every one of these periods stretches when the notice goes by first class mail: ORS 90.155(2) adds three days, and the notice itself must state the extended period, so a mailed notice reciting the bare period is defective on the statute's face. The repair-and-deduct track under ORS 90.368 uses a different clock again, requiring the tenant's notice to name a repair date at least seven days out.
Repair and deduct Yes — authorized by statute — Limit: The remedy reaches only a minor habitability defect, which the statute defines as a defect that may reasonably be repaired for not more than $300, giving leaky plumbing, stopped up toilets and faulty light switches as its examples. The presence of mold, radon, asbestos or lead-based paint is excluded from the definition by name, so those conditions never qualify however cheap the fix. — The tenant gives written notice naming a date for the repair that must be at least seven days after the notice is given. If the landlord does not repair by then the tenant may cause the repair to be made, but may not do the work personally, and to deduct the cost from rent the tenant must give the landlord a written statement prepared by the person who made the repair showing its actual cost. Two conditions forfeit the remedy outright: the tenant knew of the defect for more than six months before giving notice, or the tenant has already used this remedy for the same occurrence of the same defect. Using the section for a breach means the tenant may not also proceed under the general 30-day termination track for that breach, though every other remedy remains available.
Rent withholding or escrow Only on conditions that commonly defeat it — see this page — How: withholding raised as a defense once the landlord sues; a court or agency escrow program — No Oregon statute lets a tenant simply hold back rent over the condition of the premises. What Oregon has instead is a court-administered rent deposit inside the landlord's own case, and it is more real than the common claim that the state has no rent escrow at all. Under ORS 90.370, a tenant sued for possession for nonpayment, or sued for rent while in possession, may counterclaim for any amount recoverable under the rental agreement or the chapter, provided the tenant proves the landlord knew, should have known, or had actual notice of the facts behind the counterclaim before filing. The court may then order the tenant to pay all or part of the accruing rent into court, and either party may ask for that order. The court determines what each side owes, pays the net from the money held, and enters judgment for the tenant in the possession action if no rent remains due. Three details decide real cases: a tenant who does not comply with a pay-in order may not assert the counterclaim at all; a tenant who is no longer in possession never has to pay anything in; and a tenant granted a continuance longer than two days must be ordered to pay rent into court under ORS 105.140(2) even where no earlier order was made, which is how the deposit usually arrives. A tenant who has paid rent into court under ORS 90.370 is not treated as being in default in rent for the retaliation section's purposes.
Termination over habitability failures Yes — a statute states the right — The ordinary route is the ORS 90.360 notice: termination on a date not less than 30 days out unless the landlord cures within seven days for an essential service or 30 days otherwise, with seven days for a week-to-week tenancy and a 14-day notice where the same problem recurs within six months. An essential-service failure ends the tenancy in not less than 48 hours under ORS 90.365 if it is not remedied. ORS 90.380 supplies faster exits keyed to government action rather than tenant notice. Where a governmental agency has posted a dwelling as unsafe and unlawful to occupy and the landlord knowingly continued or entered the tenancy anyway, the tenant may terminate immediately; where an agency posts the unit after the tenancy began for conditions the tenant did not cause, the tenant may terminate immediately on actual notice, and where the conditions were not the landlord's doing the landlord may terminate on 24 hours' written notice. Subsection (7) is the fastest route in Oregon law: if conditions that existed at the outset and were not caused by the tenant pose an imminent and serious threat to health or safety within six months of the start of the tenancy, the tenant may terminate immediately by giving actual notice of the termination and the reason, with no written notice and no cure period. Money comes back on a deadline: 14 days for the ordinary terminations under the section and four days after a subsection (7) termination, covering the deposit, prepaid rent and prorated rent for the month, with double the amount due if the landlord misses it. A separate rule enacted in 2026 ends the tenancy automatically where a natural disaster destroys the unit.
Essential-service remedies Yes — distinct statutory remedies for essential-service failures — Essential services get their own section and their own clock. ORS 90.365 lets the tenant give written notice specifying the breach and stating that the rental agreement ends in not less than 48 hours unless it is remedied in that period, with three days added and stated in the notice if it goes by first class mail. Essential service is a defined term covering heat, plumbing, hot and cold running water, gas, electricity, light fixtures, locks for exterior doors, latches for windows and any cooking appliance or refrigerator the landlord supplies or must supply, plus an open second limb reaching any other service or habitability obligation whose lack creates a serious threat to health, safety or property or makes the unit unfit to occupy, so the general habitability duty flows into this track. The statute expressly keeps the presence of radon, asbestos or lead-based paint, and the future risk of flooding or seismic hazard, outside the imminent-and-serious-threat category. Where the landlord is the cause, ORS 90.375 applies: willfully diminishing, or seriously attempting or threatening to diminish, services by interrupting heat, running water, hot water, electric or other essential service lets the tenant recover up to two months' periodic rent or twice actual damages, whichever is greater, and the tenant need not terminate the agreement, seek an injunction or recover possession to claim it. A rule added in 2026 for natural disasters provides that a tenant owes no rent while the dwelling unit is inaccessible because of the disaster or its destruction, and treats a unit posted by a governmental agency as unsafe or unlawful to occupy as inaccessible.
Retaliation protection Protected by a general retaliation statute — Oregon's retaliation section states no presumption and no lookback period, so nothing switches on or off with a clock and the tenant carries the ordinary burden of proving the landlord's motive. The only six-month period in the section sits inside the list of protected acts, covering a tenant who successfully defended a possession action the landlord brought within the previous six months. Descriptions of Oregon as a six-month retaliation-presumption state are wrong on both halves. — A landlord who retaliates by increasing rent, decreasing services or threatening or bringing a possession action owes the tenant the remedies of ORS 90.375, which is up to two months' periodic rent or twice the actual damages sustained, whichever is greater, and the tenant also has a defense in any retaliatory action for possession. Decreasing services is defined to include unreasonably restricting the availability of, or placing unreasonable burdens on, the use of common areas or facilities by tenant associations or by tenants meeting to establish a tenant organization, and intentionally and unreasonably interfering with and substantially impairing the tenant's use or enjoyment of the premises. A tenant who has paid rent into court in the landlord's own case is not considered to be in default in rent for the section's carve-outs. — The section lists the tenant conduct it protects. Among the listed acts are complaining to a governmental agency about a violation of laws or regulations applicable to the tenancy, a category Oregon writes to include laws or regulations concerning the delivery of mail; successfully defending a possession action the landlord brought within the previous six months, except where the tenant won only because the termination notice was not served in the manner ORS 90.155 requires or gave a shorter period than the statute it relied on demanded; and operating a family child care home under ORS 90.358.
Damages, penalties, and defenses Oregon's money remedies are stated as floors and multipliers rather than caps. Unlawful ouster, exclusion, or willful diminution of heat, water, hot water, electricity or other essential service is worth up to two months' periodic rent or twice actual damages, whichever is greater, with no requirement that the tenant terminate or move to claim it, and that same measure is what a retaliation claim is worth. Renting a unit a governmental agency has posted or determined unlawful to occupy carries either two months' periodic rent or up to twice actual damages, whichever is greater; taking a deposit to secure a rental agreement for such a unit without disclosing the determination costs twice the deposit; and missing the four-day or 14-day deadline to return money after one of those terminations costs twice the amount due. Deliberately using a lease provision the landlord knows the chapter prohibits adds up to three months' periodic rent to actual damages. Attorney fees run both ways: ORS 90.255 lets a court award reasonable fees at trial and on appeal to the prevailing party, defined as the party in whose favor final judgment is rendered, notwithstanding any agreement to the contrary, but ORS 90.370(4) takes a tenant's fees away in one configuration, where the tenant recovers less on the counterclaims than the rent found due and kept possession only by paying rent into court, unless the balance owed was paid in by the start of trial. The landlord's stated defenses to a habitability damages claim are narrow and two-limbed: no damages where the landlord neither knew nor reasonably should have known of the condition and either the tenant knew or should have known of it and failed to give actual notice in a reasonable time before the loss, or the condition arose after the tenancy began through the deliberate or negligent act of someone other than the landlord or a person acting for the landlord. A landlord who discloses that a unit was determined unlawful to occupy is not released from the duty to maintain it in a habitable condition, and the tenant who moves in anyway waives no other remedy.
Can the duty be waived or shifted A delegation provision reaches beyond the usual single-family limits
Waiver and delegation rules Waiver is barred across the whole chapter and carries a price. ORS 90.245(1)(a) forbids a rental agreement providing that the tenant waives or forgoes rights or remedies under chapter 90, along with confession-of-judgment clauses, exculpation and indemnity clauses covering the other party's willful misconduct or negligence, and liquidated-damages clauses outside the narrow fee exception; a prohibited provision is unenforceable, and a landlord who deliberately uses an agreement containing provisions known to be prohibited and tries to enforce them owes the tenant actual damages plus up to three months' periodic rent. A second provision, ORS 90.250, reaches past the landlord: no rental agreement, assignment, conveyance, trust deed or security instrument may permit the receipt of rent free of the obligation to comply with ORS 90.320(1), so assignees and secured parties are bound too. Against that, ORS 90.320(2) does allow the landlord and tenant to agree in writing that the tenant will perform specified repairs, maintenance tasks and minor remodeling, on three conditions: the agreement is made in good faith and not to evade the landlord's obligations, it does not diminish the landlord's obligations to other tenants in the premises, and its terms are clearly and fairly disclosed with adequate consideration specifically stated. There is no single-family limit on that clause, so the shift is available in a building of any size when the three conditions are met.
Leading court decisions Jackson v. KA-3 Associates, LLC, 374 Or 1 (2025) — A landlord's habitability obligations under ORS 90.320(1) are not confined to the interior of the tenant's dwelling unit: conditions outside the unit can render it unhabitable, and the duty reaches areas adjacent to the apartment that the tenant uses to get to it, such as the shared exterior hallway in that case. The court read the statute's own terms covering buildings, grounds and appurtenances, all areas under the landlord's control, and elevators as showing that the legislature meant to impose duties beyond the unit itself. The court expressly left open whether the unit in that case substantially lacked the listed attributes.
Local rules Local building and housing codes do independent work in Oregon, because ORS 90.380 keys a whole second set of remedies to what a local agency does rather than to what the tenant writes. When a governmental agency posts a dwelling as unsafe and unlawful to occupy, or gives the landlord written notice that it is unlawful but not unsafe to occupy, the landlord may not continue or enter into a tenancy until the conditions are corrected, and the tenant gains an immediate termination right and a damages claim worth two months' rent or twice actual damages. The same posted status is what makes a unit inaccessible under the 2026 natural-disaster rule, which suspends rent while it lasts. The city or county code where the property sits therefore belongs beside the state duty.

Cite this page: "Landlord Atlas, Oregon Habitability & Repair Laws (verified August 29, 2026), landlordatlas.com/laws/habitability/oregon/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.

Notes and caveats

Common questions: Oregon habitability & repairs

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

Does Oregon have an implied warranty of habitability?
Statute — no independent court-created warranty operates alongside it. The duty comes from ORS 90.320, which requires a landlord to maintain the dwelling unit in a habitable condition at all times and then lists what a unit may not substantially lack. Oregon's legislature chose that list deliberately in 1973 to replace the vague standard of a fit and habitable dwelling, and the legislative history the Oregon Supreme Court set out in Jackson v. KA-3 Associates, LLC (2025) records the point in terms: the specific duties were adopted so that a landlord need not face a vaguely worded implied warranty of habitability imposed by a court.
How long does a landlord have to make repairs in Oregon?
30 days. The general track runs on written notice under ORS 90.360: the tenant delivers a written notice specifying the acts and omissions constituting the breach and stating that the rental agreement will end on a date not less than 30 days after delivery if the breach is not remedied. The cure period inside that notice is not a single number.
Can a tenant repair and deduct in Oregon?
Yes — authorized by statute — Limit: The remedy reaches only a minor habitability defect, which the statute defines as a defect that may reasonably be repaired for not more than $300, giving leaky plumbing, stopped up toilets and faulty light switches as its examples. The presence of mold, radon, asbestos or lead-based paint is excluded from the definition by name, so those conditions never qualify however cheap the fix. — The tenant gives written notice naming a date for the repair that must be at least seven days after the notice is given.
Can a tenant withhold rent for repair problems in Oregon?
Only on conditions that commonly defeat it — see this page — How: withholding raised as a defense once the landlord sues; a court or agency escrow program — No Oregon statute lets a tenant simply hold back rent over the condition of the premises. What Oregon has instead is a court-administered rent deposit inside the landlord's own case, and it is more real than the common claim that the state has no rent escrow at all.
Can a landlord retaliate against a tenant who complains about repairs in Oregon?
Protected by a general retaliation statute — Oregon's retaliation section states no presumption and no lookback period, so nothing switches on or off with a clock and the tenant carries the ordinary burden of proving the landlord's motive. The only six-month period in the section sits inside the list of protected acts, covering a tenant who successfully defended a possession action the landlord brought within the previous six months.
Can a lease make the tenant responsible for repairs in Oregon?
A delegation provision reaches beyond the usual single-family limits. Waiver is barred across the whole chapter and carries a price. ORS 90.245(1)(a) forbids a rental agreement providing that the tenant waives or forgoes rights or remedies under chapter 90, along with confession-of-judgment clauses, exculpation and indemnity clauses covering the other party's willful misconduct or negligence, and liquidated-damages clauses outside the narrow fee exception; a prohibited provision is unenforceable, and a landlord who deliberately uses an agreement containing provisions known to be prohibited and tries to enforce them owes the tenant actual damages plus up to three months' periodic rent.

Citations

How this record was verified: Direct reading of ORS chapter 90 on the Legislative Assembly's official statutes site (2025 edition), including sections 90.100, 90.155, 90.245, 90.250, 90.255, 90.320, 90.360, 90.365, 90.368, 90.370, 90.375, 90.380 and 90.385 read in full; the Legislative Assembly's official table of ORS sections amended, repealed or added to during the 2026 regular session, read in full for chapter 90; the enrolled texts of Oregon Laws 2026 chapter 23 (Senate Bill 1523) and chapter 108 (House Bill 4037), read from the official session-law texts so that the enrolled typography marking added and deleted words could be read rather than inferred; and Jackson v. KA-3 Associates, LLC, 374 Or 1 (2025), read in full in the Oregon Judicial Department's official opinion text.