What can my sister do about the raw sewage in her yard that the landlord will not fix?
Full Question:
Answer:
Oregon law requires that the landlord make certain repairs.
The landlord must keep the tenants residence and the public spaces in good repair. This means that the unit must not substantially lack the following:
1) Effective waterproofing and weather protection;
2) Hot and cold running water connected to a sewage system;
3) Safe drinking water;
4) Smoke detectors installed and working when you move in (but tenants must test the detectors every 6 months, replace batteries when needed, and give the landlord written notice if the detectors are broken);
5) Safety from fire hazards;
6) Appliances and air conditioning in working order if they are provided by the landlord;
7) Good ventilation;
8) Working keys, locks and window latches;
9) No garbage or rodents in your place or public spaces around the building when you move in or throughout the tenancy;
10) Garbage containers and garbage service, unless you agree otherwise in writing (in Portland, landlords must provide both containers and service);
11) Adequate plumbing, heating and electrical equipment maintained in good working order;
12) Walls, floors, ceilings, stairways and railings in good repair;
13) The place must be clean and in good repair when you move in;
14) The areas under the control of the landlord must be safe for normal and expected use.
If the landlord will not make the repairs the tenant should consider writing a letter to the landlord asking for repairs. The tenant should keep a copy of the letter.
If this does not work, the tenant may want to sue the landlord in district court seeking an order forcing repairs, damages for reduced rental value and destroyed property, attorneys fees and court costs. The tenant should have a lawyer to file this kind of case.
The tenant may want to call building inspectors, health inspectors, fire inspectors or neighborhood mediation.
The tenant may want to consider bringing suit against the landlord in small claims court for money. You cannot get an order for repairs in small claims court. When you sue the landlord for money, be sure to ask for all the money that you think you should get. You may sue for money because the landlord's failure to make repairs damaged or destroyed your clothing or furniture. You may sue for money because your home was worth less each month because of the need for repairs. For example, if you could not use two rooms in a four-room apartment because of a bad leak in the roof, you might say that there was a 50% reduced rental value. (Because you could use half the apartment, you could argue that you should only pay half the rent during that time.) You may also sue for lost work time, medical expenses, higher heat bills, and other expenses caused by the landlord's failure to make repairs.