What should I do if I think my kids are sick from mold caused from a leak the landlord will not fix?
Full Question:
I am leasing a townhouse I started my lease Oct, 1st, 2006. Last year last October my windows leaked and my landord only put caulking on it and bought me curtains to cover the water damage. I just found mold growing on two of my windows and I would like to know what I should do. My son and I have been really sick so I am taking him to the dotors today.
Should see a lawyer or simply move.
10/04/2007 |
Category: Landlord Tenant |
State: Oregon |
#9635
Answer:
The applicable Oregon statutes are as follows:
90.320 Landlord to maintain premises in habitable condition; agreement
with tenant to maintain premises.
(1) A landlord shall at all times during the tenancy maintain the
dwelling unit in a habitable condition. For purposes of this section, a
dwelling unit shall be considered unhabitable if it substantially lacks:
(a) Effective waterproofing and weather protection of roof and exterior
walls, including windows and doors;
(b) Plumbing facilities which conform to applicable law in effect at
the time of installation, and maintained in good working order;
(c) A water supply approved under applicable law, which is:
(A) Under the control of the tenant or landlord and is capable of
producing hot and cold running water;
(B) Furnished to appropriate fixtures;
(C) Connected to a sewage disposal system approved under applicable
law; and
(D) Maintained so as to provide safe drinking water and to be in good
working order to the extent that the system can be controlled by the
landlord;
(d) Adequate heating facilities which conform to applicable law at the
time of installation and maintained in good working order;
(e) Electrical lighting with wiring and electrical equipment which
conform to applicable law at the time of installation and maintained in
good working order;
(f) Buildings, grounds and appurtenances at the time of the
commencement of the rental agreement in every part safe for normal and
reasonably foreseeable uses, clean, sanitary and free from all
accumulations of debris, filth, rubbish, garbage, rodents and vermin, and
all areas under control of the landlord kept in every part safe for
normal and reasonably foreseeable uses, clean, sanitary and free from all
accumulations of debris, filth, rubbish, garbage, rodents and vermin;
(g) Except as otherwise provided by local ordinance or by written
agreement between the landlord and the tenant, an adequate number of
appropriate receptacles for garbage and rubbish in clean condition and
good repair at the time of the commencement of the rental agreement, and
the landlord shall provide and maintain appropriate serviceable
receptacles thereafter and arrange for their removal;
(h) Floors, walls, ceilings, stairways and railings maintained in good
repair;
(i) Ventilating, air conditioning and other facilities and appliances,
including elevators, maintained in good repair if supplied or required to
be supplied by the landlord;
(j) Safety from fire hazards, including a working smoke alarm or smoke
detector, with working batteries if solely battery-operated, provided
only at the beginning of any new tenancy when the tenant first takes
possession of the premises, as provided in ORS 479.270, but not to include
the tenant's testing of the smoke alarm or smoke detector as provided in
ORS 90.325(6); or
(k) Working locks for all dwelling entrance doors, and, unless contrary
to applicable law, latches for all windows, by which access may be had to
that portion of the premises which the tenant is entitled under the
rental agreement to occupy to the exclusion of others and keys for such
locks which require keys.
(2) The landlord and tenant may agree in writing that the tenant is to
perform specified repairs, maintenance tasks and minor remodeling only
if:
(a) The agreement of the parties is entered into in good faith and not
for the purpose of evading the obligations of the landlord;
(b) The agreement does not diminish the obligations of the landlord to
other tenants in the premises; and
(c) The terms and conditions of the agreement are clearly and fairly
disclosed and adequate consideration for the agreement is specifically
stated.
(3) Any provisions of this section that reasonably apply only to a
structure that is used as a home, residence or sleeping place shall not
apply to a manufactured dwelling, recreational vehicle or floating home
where the tenant owns the manufactured dwelling, recreational vehicle or
floating home, rents the space and, in the case of a dwelling or home,
the space is not in a facility. Manufactured dwelling or floating home
tenancies in which the tenant owns the dwelling or home and rents space
in a facility shall be governed by ORS 90.730, not by this section.
90.360 Effect of landlord noncompliance with rental agreement or
obligation to maintain premises; generally.
(1)(a) Except as provided in this chapter, if there is a material
noncompliance by the landlord with the rental agreement or a
noncompliance with ORS 90.320 or 90.730, the tenant may deliver a written
notice to the landlord specifying the acts and omissions constituting the
breach and that the rental agreement will terminate upon a date not less
than 30 days after delivery of the notice if the breach is not remedied
in seven days in the case of an essential service or 30 days in all other
cases, and the rental agreement shall terminate as provided in the notice
subject to paragraphs (b) and (c) of this subsection. However, in the
case of a week-to-week tenancy, the rental agreement will terminate upon
a date not less than seven days after delivery of the notice if the
breach is not remedied.
(b) If the breach is remediable by repairs, the payment of damages or
otherwise and if the landlord adequately remedies the breach before the
date specified in the notice, the rental agreement shall not terminate by
reason of the breach.
(c) If substantially the same act or omission that constituted a prior
noncompliance of which notice was given recurs within six months, the
tenant may terminate the rental agreement upon at least 14 days' written
notice specifying the breach and the date of termination of the rental
agreement. However, in the case of a week-to-week tenancy, the tenant may
terminate the rental agreement upon at least seven days' written notice
specifying the breach and date of termination of the rental agreement.
(2) Except as provided in this chapter, the tenant may recover damages
and obtain injunctive relief for any noncompliance by the landlord with
the rental agreement or ORS 90.320 or 90.730. The tenant shall not be
entitled to recover damages for a landlord noncompliance with ORS 90.320
or 90.730 if the landlord neither knew nor reasonably should have known
of the condition that constituted the noncompliance and:
(a) The tenant knew or reasonably should have known of the condition
and failed to give actual notice to the landlord in a reasonable time
prior to the occurrence of the personal injury, damage to personal
property, diminution in rental value or other tenant loss resulting from
the noncompliance; or
(b) The condition was caused after the tenancy began by the deliberate
or negligent act or omission of someone other than the landlord or a
person acting on behalf of the landlord.
(3) The remedy provided in subsection (2) of this is in addition to any
right of the tenant arising under subsection (1) of this section.
(4) The tenant may not terminate or recover damages under this section
for a condition caused by the deliberate or negligent act or omission of
the tenant or other person on the premises with the tenant's permission
or consent.
(5) If the rental agreement is terminated, the landlord shall return
all security deposits and prepaid rent recoverable by the tenant under
ORS 90.300.