(c) The tenant
may not perform work to repair the defect.
(d) To deduct the
repair cost from the rent, the tenant must provide to the landlord a written
statement, prepared by the person who made the repair, showing the actual cost
of the repair.
(5) A tenant may
not cause the repair of a defect under this section if:
(a) Within the
time specified in the notice, the landlord substantially repairs the defect;
(b) After the
time specified in the notice, but before the tenant causes the repair to be
made, the landlord substantially repairs the defect;
(c) The tenant
has prevented the landlord from making the repair;
(d) The defect
was caused by a deliberate or negligent act or omission of the tenant or of a
person on the premises with the tenant’s consent;
(e) The tenant
knew of the defect for more than six months before giving notice under this
section; or
(f) The tenant
has previously used the remedy provided by this section for the same occurrence
of the defect.
(6) If the tenant
proceeds under this section, the tenant may not proceed under ORS 90.360 (1) as
to that breach, but may use any other available remedy in addition to the
remedy provided by this section. [2007 c.508 §2]