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ATTACHMENT C <br />MEMORANDUM <br /> <br />Subject: Comparison of Remedies for Residential Tenants Whose Landlords Fail to Make <br />Repairs <br /> <br />John VanLandingham <br />Lane County Law & Advocacy Center <br />376 East 11th Avenue, Eugene <br /> <br />November 10, 2004 <br /> <br />A. Under OREGON STATE LAW - the Oregon Residential Landlord and Tenant Act, ORS <br />chapter 90 -- residential tenants have several remedies when a landlord fails to make a repair: <br /> <br />1. The tenant can terminate the tenancy and move <br /> a. In a month to month tenancy, the tenant can give a 30 day written notice for no cause. <br />ORS 90.427(2) <br /> b. In a fixed term tenancy (aka a lease), the tenant can give a 30 day written notice for <br />cause, giving the landlord 30 days to make the repair or, in the case of an essential service <br />(water, heat, plumbing, door locks), 7 days. ORS 90.360(1) <br /> <br /> Problems: Threatening to move is unlikely to cause a recalcitrant landlord to make a <br />repair. And, except for an essential service, this is not quick. <br /> <br />2. The tenant can sue the landlord for a court order ("injunctive relief") requiring the <br />landlord to make a repair. ORS 90.360(2) <br /> <br /> Problems: <br /> a. Tenants cannot do this in Small Claims Court, which does not have authority to order <br />anyone to do anything. <br /> b. To get injunctive relief, a tenant would have to sue the landlord in circuit court, which <br />essentially means that the tenant will need an attorney. <br /> c. There are no attorneys in this community, other than Lane County Law & Advocacy <br />Center ("Legal Aid"), who will represent tenants unless they are paid up front. Even with <br />payment up front, there is only one experienced private attorney who will represent tenants on <br />these kinds of cases. Legal Aid has so few attorneys that it can handle only a small number of <br />cases, and has decided to focus on handling evictions and subsidized housing rights. <br /> d. The court order alone may not be enough. If the landlord still does not make the repair, <br />the tenant would have to return to court to enforce the court order. Unlike with eviction lawsuits <br />filed by landlords, the sheriff does not enforce the court order. This means more delay and more <br />fees owed to your attorney. <br /> <br />3. The tenant can do "repair and deduct," in which the tenant hires someone to make the <br />repair and deducts the cost from the rent owed. ORS 90.365 <br /> <br /> <br />