What can I do if the landlord lied about the heat working?
Full Question:
I was lied to by landlord that said heat works and is paid for by owner, but no heat.
12/10/2007 |
Category: Landlord Tenant |
State: Oregon |
#13619
Answer:
The following are Oregon statutes:
90.315 Utility or service payments; additional charges; responsibility
for utility or service; remedies.
(1) As used in this section, "utility or service" includes but is not
limited to electricity, natural or liquid propane gas, oil, water, hot
water, heat, air conditioning, cable television, direct satellite or
other video subscription service, Internet access or usage, sewer service
and garbage collection and disposal.
(2) The landlord shall disclose to the tenant in writing at or before
the commencement of the tenancy any utility or service that the tenant
pays directly to a utility or service provider that benefits, directly,
the landlord or other tenants. A tenant's payment for a given utility or
service benefits the landlord or other tenants if the utility or service
is delivered to any area other than the tenant's dwelling unit.
(3) If the landlord knowingly fails to disclose those matters required
under subsection (2) of this section, the tenant may recover twice the
actual damages sustained or one month's rent, whichever is greater.
(4)
(a) Except for tenancies covered by ORS 90.505 to 90.840, if a
written rental agreement so provides, a landlord may require a tenant to
pay to the landlord a utility or service charge that has been billed by a
utility or service provider to the landlord for utility or service
provided directly to the tenant's dwelling unit or to a common area
available to the tenant as part of the tenancy. A utility or service
charge that shall be assessed to a tenant for a common area must be
described in the written rental agreement separately and distinctly from
such a charge for the tenant's dwelling unit. Unless the method of
allocating the charges to the tenant is described in the tenant's written
rental agreement, the tenant may require that the landlord give the
tenant a copy of the provider's bill as a condition of paying the
charges.
(b) A utility or service charge shall include only the value or cost of
the utility or service as billed to the landlord by the provider as
described in this subsection, except that a landlord may add an
additional amount to that value or cost if:
(A) The utility or service charge to which the additional amount is
added is for cable television, direct satellite or other video
subscription service or for Internet access or usage;
(B) The additional amount added to the utility or service charge of
each tenant is not more than 10 percent of the charge to that tenant for
cable television, direct satellite or other video subscription service or
Internet access or usage;
(C) The total of the utility or service charge plus the additional
amount is less than the typical periodic cost that the tenant would incur
if the tenant contracted for the cable television, direct satellite or
other video subscription service or the Internet access or usage directly
with the provider; and
(D) The written rental agreement providing for the utility or service
charge describes the additional amount separately and distinctly from the
charge itself and any bill or notice from the landlord to the tenant
regarding the charge lists the additional amount separately and
distinctly from the utility or service charge.
(c) A landlord may not require an existing tenant to modify a rental
agreement, or terminate the tenancy of the tenant for refusing to modify
a rental agreement, to obligate the tenant to pay an additional amount
for cable television, direct satellite or other video subscription
service or Internet access or usage as provided in paragraph (b) of this
subsection.
(d) A utility or service charge, including any additional amount added
pursuant to paragraph (b) of this subsection, is not rent or a fee.
Nonpayment of a utility or service charge is not grounds for termination
of a rental agreement for nonpayment of rent under ORS 90.394 but is
grounds for termination of a rental agreement for cause under ORS
90.392.
(e) If a landlord fails to comply with paragraph (a), (b) or (c) of
this subsection, the tenant may recover from the landlord an amount equal
to one month's periodic rent or twice the amount wrongfully charged to
the tenant, whichever is greater.
(5)
(a) If a tenant, under the rental agreement, is responsible for a
utility or service and is unable to obtain the service prior to moving
into the premises due to a nonpayment of an outstanding amount due by a
previous tenant or the owner, the tenant may either:
(A) Pay the outstanding amount and deduct the amount from the rent;
(B) Enter into a mutual agreement with the landlord to resolve the lack
of service; or
(C) Immediately terminate the rental agreement by giving the landlord
actual notice and the reason for the termination.
(b) If the tenancy terminates, the landlord shall return all moneys
paid by the tenant as deposits, rent or fees within four days after
termination.
(6) If a tenant, under the rental agreement, is responsible for a
utility or service and is unable to obtain the service after moving into
the premises due to a nonpayment of an outstanding amount due by a
previous tenant or the owner, the tenant may either:
(a) Pay the outstanding amount and deduct the amount from the rent; or
(b) Terminate the rental agreement by giving the landlord actual notice
72 hours prior to the date of termination and the reason for the
termination. The tenancy does not terminate if the landlord restores
service or the availability of service during the 72 hours. If the
tenancy terminates, the tenant may recover actual damages from the
landlord resulting from the shutoff and the landlord shall return:
(A) Within four days after termination, all rent and fees; and
(B) All of the security deposit owed to the tenant under ORS 90.300.
(7) If a landlord, under the rental agreement, is responsible for a
utility or service and the utility or service is shut off due to a
nonpayment of an outstanding amount, the tenant may either:
(a) Pay the outstanding balance and deduct the amount from the rent; or
(b) Terminate the rental agreement by giving the landlord actual notice
72 hours prior to the date of termination and the reason for the
termination. The tenancy does not terminate if the landlord restores
service during the 72 hours. If the tenancy terminates, the tenant may
recover actual damages from the landlord resulting from the shutoff and
the landlord shall return:
(A) Within four days after termination, all rent prepaid for the month
in which the termination occurs prorated from the date of termination or
the date the tenant vacates the premises, whichever is later, and any
other prepaid rent; and
(B) All of the security deposit owed to the tenant under ORS 90.300.
(8) If a landlord fails to return to the tenant the moneys owed as
provided in subsection (5), (6) or (7) of this section, the tenant shall
be entitled to twice the amount wrongfully withheld.
(9) This section does not preclude the tenant from pursuing any other
remedies under this chapter.
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.
90.365.
(1) If contrary to the rental agreement or ORS 90.320 or 90.730
the landlord intentionally or negligently fails to supply any essential
service, the tenant may give written notice to the landlord specifying the
breach and that the tenant may seek substitute services, diminution in rent
damages or substitute housing. After allowing the landlord a reasonable time
and reasonable access under the circumstances to supply the essential
service, the tenant may:
(a) Procure reasonable amounts of the essential service during the period
of the landlord's noncompliance and deduct their actual and reasonable cost
from the rent;
(b) Recover damages based upon the diminution in the fair rental value of
the dwelling unit; or
(c) If the failure to supply an essential service makes the dwelling
unit unsafe or unfit to occupy, procure substitute housing during the
period of the landlord's noncompliance, in which case the tenant is
excused from paying rent for the period of the landlord's noncompliance.
In addition, the tenant may recover as damages from the landlord the
actual and reasonable cost or fair and reasonable value of comparable
substitute housing in excess of the rent for the dwelling unit. For
purposes of this paragraph, substitute housing is comparable if it is of a
quality that is similar to or less than the quality of the dwelling unit
with regard to basic elements including cooking and refrigeration
services and, if warranted, upon consideration of factors such as
location in the same area as the dwelling unit, the availability of
substitute housing in the area and the expense relative to the range of
choices for substitute housing in the area. A tenant may choose
substitute housing of relatively greater quality, but the tenant's
damages shall be limited to the cost or value of comparable substitute
housing.
(2) If contrary to the rental agreement or ORS 90.320 or 90.730 the
landlord fails to supply any essential service, the lack of which poses
an imminent and serious threat to the tenant's health, safety or
property, the tenant may give written notice to the landlord specifying
the breach and that the rental agreement shall terminate in not less than
48 hours unless the breach is remedied within that period. If the
landlord adequately remedies the breach before the end of the notice
period, the rental agreement shall not terminate by reason of the breach.
As used in this subsection, `imminent
and serious threat to the tenant's health, safety or property' shall not
include the presence of radon, asbestos or lead-based paint or the future
risk of flooding or seismic hazard, as defined by ORS 455.447.
(3) For purposes of subsection (1) of this
section, a landlord shall not be considered to be intentionally or
negligently failing to supply an essential service if:
(a) The landlord substantially supplies the essential service; or
(b) The landlord is making a reasonable and good faith effort to supply
the essential service and the failure is due to conditions beyond the
landlord's control.
(4) This section does not require a
landlord to supply a cooking appliance or a refrigerator if the landlord
did not supply or agree to supply a cooking appliance or refrigerator to
the tenant.
(5) If the tenant proceeds under this section, the tenant may not
proceed under ORS 90.360 (1) as to that breach.
(6) Rights of the tenant under this section do not arise if the
condition was caused by the deliberate or negligent act or omission of
the tenant or a person on the premises with the tenant's consent.
(7) Service or delivery of actual or written notice shall be as
provided by ORS 90.150 and 90.155, including the addition of three days to
the notice period if written notice is delivered by first class mail.
(8) Any provisions of this section that reasonably apply only to a
structure that is used as a home, residence or sleeping place does
not apply to a manufactured dwelling, recreational vehicle or floating
home if the tenant owns the manufactured dwelling, recreational vehicle
or floating home and rents the space.