Note: In some of the answer sections of this booklet you will see references to ORS, which stands for Oregon Revised Statutes. For example, ORS 90.110. These references are to some of Oregon's landlord-tenant laws. These statutes can be found in most libraries as a part of a sixteen-volume set. You do not need to read these laws to use this booklet.
Time Limit Warning:
Under state and federal laws there are time limits for taking action to enforce your rights. Most lawsuits related to the rental agreement and the Oregon Residential Landlord and Tenant Act must be filed (started in court) within one year of the incident. There may be other - shorter - time limits that apply in other cases. Ask a lawyer about the time limits that could apply in your situation.
30. Does my landlord have a right to enter the rented space?
Yes, at reasonable times. But the landlord must have a reasonable purpose, such as to inspect the rental unit or show it to a possible buyer, and must give you a 24 hour verbal or written notice before entering, unless there is an emergency or if you have agreed to let the landlord in without notice, or if you have made a written request for repair within 7 days before the entry. The landlord may give the notice to you or, if it says so in your written rental agreement, the landlord can mail the notice and securely fasten a copy of the notice to your door. (The date on the postmark of the mailed notice is the date that you are officially 'served.')
You have the right to deny entry to the landlord for good reasons; you must tell the landlord the reasons before the time the landlord intends to enter. Tenants can be evicted for unreasonably denying entry.
The landlord must also give you notice before entering the yard of a single-family residence, or any other space rented to one tenant. But the landlord may enter the yard to do yard maintenance without giving you advance notice if the written rental agreement requires the landlord to do the work and if the work is done at reasonable times. (The landlord is also allowed to come on the property to give you a notice or post one on the door.) (ORS 90.322)
If you have requested repairs in writing, the landlord or the landlord's repair person can enter your home without notice or consent, if the entry is to make the repair and is at a reasonable time. The landlord only has this right for 7 days after the written repair request. The tenant can tell the landlord in the written notice what times the entry is allowed.
The landlord and tenant may agree in writing that if the property is for sale, the landlord may enter at reasonable times, without giving notice, to show the premises to prospective buyers. Both the landlord and tenant must sign the agreement.
If a landlord enters the property without following these rules, a tenant can sue and ask for damages caused by the entry or one month's rent (one week's rent for weekly renters), whichever is more. (See Time Limit Warning at the beginning of this section.) (ORS 90.322)
31. Can a landlord retaliate against me after I complain about the need for repair?
A landlord may not legally retaliate by increasing rent, decreasing services, serving an eviction notice, threatening eviction or filing an eviction case after a tenant:
– Has made any good faith complaint to the landlord about the tenancy [about the need for repair or a violation of the rental agreement]; or
– Complains to certain code enforcement agencies; or
– Joins or organizes a tenants' union; or
– Testifies against the landlord in court; or
– Wins in an FED case within the previous six months, unless the win was based on a technicality; or
– Does something or says that the tenant will do something to assert the tenant's rights under any law.
Tenants may sue for retaliation and may ask for twice the actual damages or up to two months' rent, whichever is more. It is usually a defense to an eviction based on a 30-day notice without cause if you can prove the notice was given in retaliation. But retaliation may not keep you from being evicted if you owed rent when the notice was given, if the code violations were caused by the tenant or guests, if you made repeated or harassing complaints, and when repairs needed for code compliance cannot be made without forcing the tenant to move. Contact a lawyer before using retaliation as a defense or claim because it can be a complicated issue. A landlord is likely to give a non-retaliation explanation for the notice. (See Time Limit Warning at the beginning of this section.) (ORS 90.385)