Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding the rights and duties of tenants is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

When you rent a house or an apartment from someone, you enter into a legal contract with someone. With this contract begins what is known as a landlord-tenant relationship. As a tenant, you have certain rights and responsibilities. First of all, you have the right of exclusive possession. This means that even though the landlord owns the property, you have the right to use the property. With this comes the right of privacy. No one may invade your "home" without legal authority. Your landlord has the right to inspect the property, but he or she must give you at least 24 hours notice before entering. This is the case except if there is an emergency, if you have agreed to have repairs done (without designating certain dates and times), or if it simply is not possible to enter at another time.

Your landlord may enter the property after advance notice in order to make inspections, make necessary repairs, supply necessary services, or to show the property to prospective buyers or work people, and you cannot unreasonably deny your permission to the landlord to do so. However, the landlord cannot abuse this right of access, use it to harass you, or enter at unreasonable times.

You also have the right to a "habitable" home. This means that the property must be safe and sanitary. The space must be free of pests when you move in, and there must be proper wiring, plumbing, heating and weatherproofing. These requirements must be maintained throughout your rental period. If repairs are needed for safety or sanitation, your landlord must make such repairs without charging you for them. If you have caused the problem, the landlord still is obliged to make the repair if you don't do it, but you are responsible for the reasonable cost. You are responsible, however, for the cost of replacing batteries in smoke alarms in the rental, and for checking the alarms ever six months to ensure that they work.

If a landlord refuses to provide certain kinds of services, and if you did not cause the problem, you may correct the problem if you first give written notice to the landlord. In the written notice, be sure you define the problem and give the landlord a reasonable amount of time to make the repairs. You can then deduct the cost of the repairs from your rent, after submitting the receipts to the landlord, in some circumstances. The law limits the time you have to wait, the kinds of problems you are allowed to fix, and the amount of money you are allowed to spend. For more information about how to use this remedy properly, listen to Getting Repairs Made.

Before taking any kind of action concerning repairs, you also should check with a lawyer or your local legal aid office.

You have specific responsibilities as a tenant. One is to use the property only as your home. Another is to pay your rent. You must also keep the property reasonably clean. At the end of the rental arrangement, you must return the property to your landlord in the same condition in which you received it except for reasonable wear and tear.

If you have a month-to-month rental agreement, either you or your landlord can end the agreement with a 30-day written notice. The landlord does not have to tell you the reason for a 30-day notice, but the reason must be a lawful one. If you have a rental agreement for a specific time period, you may not be evicted before the end of that term without a good reason. If your rent is more than 7 days overdue, your landlord may give you written notice telling you to either pay the rent within 72 hours or leave. In the alternative, the landlord can give you a 144-hour notice when the rent is five (5) days overdue.

If you have caused serious harm to your landlord or to his or her property or to other people on the rental property, or you have committed outrageous acts there, you can be given a 24-hour written notice to leave. This notice must tell you why you are being evicted. The landlord cannot evict you for illegal discriminatory reasons. In addition, you may not be evicted for complaining about conditions to the landlord or a public agency, or for joining or organizing a tenant organization.

If the landlord has properly served you with a notice and you do not comply, the landlord can seek a court order to have you evicted. You have the right to appear at the court hearing to challenge the landlord's request for an eviction order. Until the landlord has obtained a court order to evict you, he or she may not try to force you to leave by putting your belongings out, locking you out, or shutting off your utilities. However, if you don't defend yourself successfully in the legal proceedings to evict you, you can be put out, and you may be required to pay the landlord's court costs and legal fees.

If you pay a deposit when you rent a house or apartment, the landlord must account for the deposit within 31 days of the termination of the tenancy. The landlord may keep only the part of the deposit that is needed to pay for any damage directly caused by you unless your rental agreement says something different.

Some of these rights and responsibilities cannot be bargained away or even changed by a written agreement. If you or the landlord wants to change your rental agreement, you should both agree to the changes in writing.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.