Short answer: Oregon landlord repair laws let you hire someone to fix a “minor habitability defect” and deduct up to $300 from rent after giving at least seven days’ written notice, under ORS 90.368. Bigger failures are handled through ORS 90.360’s termination notice (7 days to cure an essential service, 30 days otherwise) and ORS 90.365’s essential-services remedies, all resting on the habitability list in ORS 90.320.
Oregon’s Residential Landlord and Tenant Act is unusually specific. It defines what makes a unit uninhabitable item by item, sets separate cure periods depending on whether the problem is an “essential service,” and since a 2025 amendment requires cooling in at least one room of buildings permitted on or after April 1, 2024. Knowing which category your problem falls into tells you which clock is running.
Oregon Landlord Repair Laws by the Numbers
| Rule | Oregon | Statute |
|---|---|---|
| Habitability standard | Unit is uninhabitable if it substantially lacks any item on a 14-part list | ORS 90.320(1) |
| Minor defect repair and deduct | Up to $300; written notice with repair date at least 7 days out; not for mold, radon, asbestos or lead paint | ORS 90.368 |
| Termination notice cure period | 7 days for an essential service, 30 days otherwise; termination date at least 30 days out | ORS 90.360(1)(a) |
| Imminent, serious threat from lost essential service | Lease can end in as little as 48 hours unless remedied | ORS 90.365(2) |
| Rent escrow | No standalone escrow; court may order rent paid in when you counterclaim | ORS 90.370(1)(b) |
| Retaliation | Barred after good-faith complaints; no presumption period | ORS 90.385 |
| Entry notice | At least 24 hours’ actual notice | ORS 90.322(1)(f) |
What “Habitable” Means Under ORS 90.320
ORS 90.320(1) requires the landlord to keep the unit habitable at all times and treats it as uninhabitable if it substantially lacks any of these:
- effective waterproofing and weather protection of the roof, exterior walls, windows and doors;
- plumbing in good working order, and a water supply producing hot and cold running water, connected to approved sewage disposal and kept safe to drink;
- adequate heating and electrical lighting and wiring in good working order;
- buildings and grounds that are safe, clean and free of debris, rodents and vermin at move-in, with landlord-controlled areas kept that way;
- garbage receptacles, unless a local ordinance or written agreement says otherwise;
- floors, walls, ceilings, stairways and railings in good repair, and supplied ventilating, air-conditioning and other appliances, including elevators;
- a working smoke alarm at the start of each new tenancy, and a carbon monoxide alarm where the unit has or connects to a carbon monoxide source;
- working locks on entrance doors and latches on windows, with a non-app alternative if the landlord uses phone-based entry; and
- for buildings permitted on or after April 1, 2024, cooling in at least one room other than a bathroom.
Under ORS 90.320(2), you and the landlord can agree that you will handle specified repairs or minor remodeling only if the deal is made in good faith, does not reduce the landlord’s duties to other tenants, and states adequate consideration clearly.
The $300 Minor-Defect Remedy
ORS 90.368(1) defines a minor habitability defect as one reasonably repairable for $300 or less, giving leaky plumbing, stopped-up toilets and faulty light switches as examples. Mold, radon, asbestos and lead-based paint are excluded no matter the cost.
The procedure is strict:
- Give written notice describing the defect and stating that you will have it repaired and deduct the cost if the landlord does not fix it by a date at least seven days after the notice is given. Delivery must follow ORS 90.155.
- If the date passes, hire someone. You may not do the work yourself, and the landlord may name reasonable repair providers.
- The work must be workmanlike and meet state law, local ordinances and the building code.
- Give the landlord a written statement from the repairer showing the actual cost, then deduct it, up to $300, from a later rent payment.
ORS 90.368(5) blocks the remedy if the landlord substantially fixes the defect first, if you prevented the repair, if you or a guest caused it, if you knew about it for more than six months before giving notice, or if you already used the remedy for the same occurrence. Using it also means you cannot send a § 90.360(1) termination notice for that same breach.
Essential Services: Heat, Water, Power, Locks
Oregon’s definition of “essential service” in ORS 90.100 covers heat, plumbing, hot and cold running water, gas, electricity, light fixtures, exterior door locks, window latches and any landlord-supplied stove or refrigerator, plus any other habitability failure that seriously threatens health, safety or property.
If the landlord intentionally or negligently fails to supply one, ORS 90.365(1) lets you send written notice, allow reasonable time and access, and then:
- buy reasonable amounts of the service and deduct the actual cost from rent;
- recover damages for the reduced fair rental value; or
- if the unit is unsafe or unfit, move to substitute housing, owe no rent meanwhile, and recover what comparable housing cost above your rent.
When the loss poses an imminent and serious threat to health, safety or property, ORS 90.365(2) allows a notice ending the lease in not less than 48 hours unless the landlord fixes it. That subsection says radon, asbestos, lead-based paint, and future flood or seismic risk do not count as imminent threats. A landlord who deliberately cuts heat, water or power faces ORS 90.375: two months’ rent or twice your actual damages, whichever is greater.
For lead in older rentals, federal law at 42 U.S.C. § 4852d requires the lessor to give you a lead hazard pamphlet and disclose known lead-based paint hazards before you sign.
Ending the Lease or Suing Over Other Defects
For any material noncompliance, ORS 90.360(1)(a) lets you deliver written notice specifying the breach and setting a termination date at least 30 days away if the problem is not fixed within 7 days (essential service) or 30 days (anything else). Week-to-week tenants use a 7-day termination date. If the same problem recurs within six months, § 90.360(1)(c) allows termination on 14 days’ notice.
Section 90.360(2) also lets you sue for damages and an injunction. You lose the damages claim if the landlord neither knew nor should have known of the condition and you failed to give notice in reasonable time. If the landlord files for possession over unpaid rent, ORS 90.370 lets you counterclaim, and the court may order you to pay accrued rent into court while it sorts out what each side owes.
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Your Side of the Bargain
ORS 90.325(1) requires you to use rooms, plumbing and appliances reasonably, keep your areas clean and free of rodents and vermin to the extent you caused the problem, cooperate reasonably with the landlord’s efforts to fix it, and test landlord-supplied smoke and carbon monoxide alarms at least every six months, reporting problems in writing. Under § 90.360(4), you cannot terminate or collect damages for a condition you or your guest deliberately or negligently caused.
Retaliation After You Complain
ORS 90.385(1) bars a landlord from raising rent, cutting services, serving a termination notice or threatening eviction after you complain in good faith to the landlord, complain or state in writing an intention to complain to a code agency, join a tenant union, or assert any tenant right. Retaliating triggers the ORS 90.375 remedies and gives you a defense to eviction.
There is no presumption window, and § 90.385(4) lets the landlord proceed if you were behind on rent when the notice was served, if the code violation was mainly your fault, or if complaints were made in a harassing way. Rent paid into court under ORS 90.370 does not count as a default. See our retaliation guide for documentation tips.
Worked Example: A Salem Tenant Uses the $300 Rule
Priya rents a Salem apartment for $1,450 a month. On March 3 she hand-delivers written notice that her only toilet is stopped up and the kitchen faucet leaks, saying she will hire a plumber and deduct the cost unless both are fixed by March 10, seven days later.
March 10 passes with no repair. A licensed plumber fixes both on March 12 and gives her a written statement for $240. Because that is under $300 and she did not do the work herself, she attaches the statement and pays $1,210 for April. Had the job cost $410, only $300 could be deducted under ORS 90.368(2).
Outline for an Oregon Repair Notice
- Your name, unit and date, and a precise description of each defect.
- Whether it is an essential service under ORS 90.100.
- For ORS 90.368: your intent to have it repaired and deduct the cost, and a repair date at least seven days out.
- Delivery by a method permitted under ORS 90.155, with a copy kept.
Our repair request letter generator can build the notice, and Portland renters can check city rules in our Portland tenant rights guide.
Frequently Asked Questions
Can I fix the leak myself and deduct the cost in Oregon?
No. ORS 90.368(4)(c) says the tenant may not perform the repair work. You must hire someone, and the landlord can specify reasonable providers.
Does the $300 rule cover mold?
ORS 90.368(1)(b) excludes mold, along with radon, asbestos and lead-based paint. Mold can still violate ORS 90.320, so the termination and damages remedies in ORS 90.360 remain available.
Is air conditioning required in my Oregon rental?
Only for buildings whose construction permits were issued on or after April 1, 2024, under ORS 90.320(1)(n), which requires cooling in at least one non-bathroom room. In older buildings, supplied air conditioning must be kept in good repair under ORS 90.320(1)(i).
How quickly can I end my lease if the heat goes out in winter?
If the loss poses an imminent and serious threat, ORS 90.365(2) allows a notice ending the lease in not less than 48 hours unless the landlord fixes it. Otherwise, the ORS 90.360 notice gives the landlord 7 days to restore an essential service.
Does my written repair request let the landlord walk in without notice?
Yes, for that repair. Under ORS 90.322(1)(c), a written repair request lets the landlord enter without further notice to make the requested repairs, at reasonable times or times you specify. That authorization expires after seven days unless the repair is in progress. Other entries require at least 24 hours’ actual notice under ORS 90.322(1)(f).
Can I lose the repair remedy by waiting too long?
Yes, for the $300 remedy. ORS 90.368(5)(e) bars it if you knew of the defect for more than six months before giving notice.
Write down the date you first noticed the defect and send notice now, since both the six-month bar and the cure periods run from facts you control. This is general information, not legal advice; find legal aid through OregonLawHelp or LSC. See every state on our repairs and habitability hub, and if you end the lease, review your Oregon security deposit rights.