Skip to main content

Property Management Blog

Legal and Option Tenant Maintenance Responsibilities

Legal and Option Tenant Maintenance Responsibilities

Property investment owners around the country have enjoyed increased rental rates. That's in part because more people are getting priced out of the home-buying market.

Landlord duties require them to stay on top of rental property maintenance. Many owners rely on property management companies to handle maintenance responsibilities and various landlord duties.

Before a tenant can move in, the landlord ensures the property is in good shape. They must also ensure the place is habitable after the tenant takes possession and is kept up to code for the rest of the rental period.

No matter how much rent the property owner charges, all rental units must meet certain standards to be considered habitable. That's why everyone must understand Oregon's property maintenance laws.

Before renting, you need to know the laws. Keep reading to learn more about tenant maintenance responsibilities.

What are Maintenance Responsibilities in Oregon?

If you're a landlord in Oregon, you're responsible for making sure your tenants have a safe place to live. State laws defined under Oregon's housing statute in 90-320 set the standard. It's also known as the "implied guarantee of habitability."

The "implied guarantee of habitability" outlines the tenant's rights when the landlord doesn't perform repairs promptly. This means the property is in good condition and up to code.

The tenant's rent payments are dependent on the property being habitable. In some instances, the tenant can withhold rent. To do so, they must show that the required maintenance makes the unit unsafe or substandard.

It's also a bargaining tool to make it easier for them to get landlords to do repairs.

Tenant Responsibilities

If you're a tenant and cause damage to your rental property, you're on the hook for it. Examples include causing a hole in the wall, staining the carpet, or any other physical damage beyond normal wear and tear.

The landlord can end the lease after giving reasonable notice of the damage. Or they can provide 30 days' notice if the property is damaged on purpose. The lease will be renewed if the tenant fixes the damage within 14 days.

Note: When evicting a tenant for not paying rent, you can't add money owed by a tenant for damaging the unit.

Landlord's Responsibility

All duties of repairs are the landlord's responsibility, whether they make the repairs themselves or if a tenant does them. The tenant must notify the landlord in writing to request repairs.

All essential services must be fixed within seven days. All other issues must be fixed within 30 days.

Suppose the tenant doesn't contact the designated party for tenant property maintenance to request repairs. They are not allowed to withhold rent. The landlord could file for eviction if the tenant withholds rent without first asking for repairs.

Do You Need Tenant Maintenance?

Property investors aren't in the business of handling maintenance responsibilities. Kerr Properties, Inc. handles tenant rights, landlord duties, and the duty of repairs.

We'd love to talk to you about your rental property maintenance. Contact us today for a free rental analysis.