Renters' Rights

By The Beacon | December 2, 2009 9:00pm

When renting, both landlords and renters are bound by certain responsibilities

By Hannah Gray

Do you have problems with your landlord?

The tenant-landlord relationship can be a fragile one. You need to make sure you keep the house nice, stay on good terms and always pay the rent.

The tenant needs to be respectful of the landlord's property. The landlord, in return, needs to be proactive.

However, that doesn't always happen. Often, there is a negligent tenant and a lazy landlord.

Regardless, there are legal rights that protect both the landlord and the tenant.

Under Oregon State Law, Chapter 90, Title 10: Property Rights and Transactions, there are requirements the landlord is obligated to uphold.

First, before you sign a lease, make sure your landlord provides the essentials. It is important to know what the basics are.

Landlords are required by law to provide a certain level of safety and cleanliness to their tenants. There are certain aspects of the residency that the landlord is required to deliver before renting, according to habitability rights of tenants Chapter 90.320.

The landlord must waterproof and weatherproof the house. The doors, windows, roof and walls should keep rain and wind out. In addition, the doors and windows should all appropriately lock, as well as have a corresponding key if needed.

Another area a landlord is required to provide is a means for hot and cold running water that is connected with a sewage system. Additionally, the landlord needs to provide a source that can heat the entire complex.

Furthermore, landlords have to install working fire detectors, complete with batteries.

A second area that can complicate the tenant-landlord relationship is repairs. It can be confusing to know who is responsible, as well as getting your landlord to be proactive. Often, college students find it hard to get a hold of their landlord.

A good gauge to know when the tenant should fix it or when your landlord should is the extent to which you are responsible. If it is out of the tenant's control, then it is a landlord issue. The tenant is required to keep the residency in respectable shape, according to Oregon State Law under Chapter 90.325.

Also, it is important to understand the terms of the lease because the minimal aspects, like repairs, are often covered in the lease.

However, there are ways to co-op the landlord into fixing repairs, besides suing him.

If a repair is not made within 30 days from when the notice was received by the landlord, Portland has building code enforcement, under Title 29: Property Maintenance Regulations.

This allows an inspector to examine the residency and evaluate any violations.  In Portland, if violations are found, the inspector will send a letter to your landlord and will fine them if they do not fix the problems within 30 days. This system is compliant driven, so it is necessary to be persistent.

Another option is to give the landlord a 30-day notice that states the tenant will move out if the necessary repairs aren't made within a certain period of time. For a month-to-month tenancy, the time period for vital services, such as water and plumbing, is seven days.

Even though these measures may seem extreme, there are few legal options that tenants can pursue. There is no specific statute that states when a landlord has to make a repair. However, it is best to talk to the landlord before taking drastic measures.

Additionally, regardless of how safe an area is, around college campuses there is often theft. It is important to know if the lease covers renters insurance. If the lease does not cover it, there is nothing a landlord has to legally do to recover the loss.

Therefore, it can be beneficial for a student to buy renters insurance.

For more information of duties of tenants and landlords, go to the Oregon State bar Web site - www.osbar.org.


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