90.368 Repair
of minor habitability defect.
(1) As used in this section, “minor habitability defect”:
(a) Means a
defect that may reasonably be repaired for not more than $300, such as the
repair of leaky plumbing, stopped up toilets or faulty light switches.
(b) Does not mean
the presence of mold, radon, asbestos or lead-based paint.
(2) If, contrary
to ORS 90.320, the landlord fails to repair a minor habitability defect, the
tenant may cause the repair of the defect and deduct from the tenant’s
subsequent rent obligation the actual and reasonable cost of the repair work,
not to exceed $300.
(3)(a) Prior to
causing a repair under subsection (2) of this section, the tenant shall give
the landlord written notice:
(A) Describing
the minor habitability defect; and
(B) Stating the
tenant’s intention to cause the repair of the defect and deduct the cost of the
repair from a subsequent rent obligation if the landlord fails to make the
repair by a specified date.
(b) The specified
date for repair contained in a written notice given to a landlord under this
subsection must be at least seven days after the date the notice is given to
the landlord.
(c) If the
landlord fails to make the repair by the specified date, the tenant may use the
remedy provided by subsection (2) of this section.
(d) Service or
delivery of the required written notice shall be made as provided under ORS
90.155.
(4)(a) Any repair
work performed under this section must be performed in a workmanlike manner and
be in compliance with state statutes, local ordinances and the state building
code.
(b) The landlord
may specify the people to perform the repair work if the landlord’s
specifications are reasonable and do not diminish the tenant’s rights under
this section.