What To Do If Your Landlord Won't Make Repairs

You should not make repairs that your landlord is legally required to fix, such as the required fixes listed here. 

For minor repairs, you can make a written agreement with your landlord that lists the problems you want to fix. The agreement must include fair payment to you for the repair.

Important! Do not make any repairs yourself unless the landlord gives you written permission.

Oregon law allows renters to withhold rent in certain situations, but you should consult an attorney before taking this step.  

To find an attorney, search online for “landlord-tenant attorneys Oregon” or contact Oregon’s Legal Referral Service for help finding one. 

Risks of withholding rent 

If you stop paying rent, your landlord can start the eviction process, even if you had a legal reason to withhold rent.  

If your landlord starts the eviction process, you will need to go to several court hearings and show the judge you had a legal reason to stop paying rent. The eviction process can be stressful and confusing, so it’s best to avoid it if you can. 

Where to find Oregon’s rent withholding rules 

You can find the rules for deducting or withholding rent in Oregon Revised Statutes 90.360, 90.365, 90.368, 90.100 (definitions), and 90.155 (service or delivery of written notice). 

• Oregon’s rules for withholding rent are strict and involve several steps. 
• There are special rules for small repairs (less than $300) and for repairs involving essential services, such as heat, plumbing, hot and cold water, gas, or electricity.  
• Before you withhold rent, you must give your landlord a written notice and an opportunity to make repairs themselves.   
• If you withhold rent, keep your rent money in a separate account and don’t spend it. You may need to pay your landlord some or all this money later.   

Yes. You can sue to get back some of the rent you paid and to be compensated for any property damage. 

Tip: You don't need a lawyer to sue your landlord if you're asking for less than $10,000. You can file a claim for less than $10,000 in Small Claims Court without a lawyer's help.

You can't sue your landlord if: 

• You, someone you live with, or a guest caused the problem, or

• You didn't give your landlord a reasonable amount of time to fix the problem.

The amount of money you can ask for depends on your situation. For example, you could ask your landlord to compensate you for:

• Property damaged by a water leak,
• Spoiled food in a broken refrigerator, or
• Other expenses you had to pay.

But if you want to sue for these kinds of damages, you must have proof of the damage. Proof can be pictures, receipts for replacements, or receipts for other expenses you paid due to the problem.

If you want to take your landlord to Small Claims Court, go here for more information.

Yes. If your landlord refuses to make legally-required repairs, you can end your rental agreement. 

To do this, you must give your landlord a written notice describing the needed repairs. The notice must:

• Be personally delivered to your landlord or sent by regular, first-class mail. 
• Say you will move out if the landlord does not make the repairs in 30 days (or 33 days if you mail the notice), and
• List the specific date you will move out.

Be sure to keep a copy of the notice!

Important! Make sure you have a place to move before you tell your landlord you are ending your agreement. If you give your landlord a notice that you’re moving out, and then don’t move out, your landlord can evict you. You cannot take back your written notice telling the landlord that you’re moving out, unless the landlord agrees in writing.

No. It is against the law for your landlord to retaliate. Retaliate means to treat you differently or punish you because you asked for repairs. But retaliation is hard to prove. This is why it is important to keep written records of everything that happens.

• Get legal help;
• Contact code enforcement, or a building, health, or fire inspector (and keep a copy of your communications with them); or
• Ask your landlord to go to neighborhood mediation with you to solve the problem.