Portland, OR asked in Landlord - Tenant for Oregon

Q: I just recently moved to Beaverton from Utah. Since we were so far away my friend FaceTime us during a viewing. We have

Been there for 2 weeks and are dissatisfied. When we use the stove or oven it smokes like crazy!! The smoke detectors don't work!

Would this be deemed uninhabitable? I also have a 1 year old if that matters.

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1 Lawyer Answer

A: I suppose it depends in part on why the stove is smoking. If it truly is an imminent fire danger, call the Beaverton Fire Marshall's office and ask for an inspection. They have the power, if they believe it warranted, to tag your dwelling and require the landlord immediately fixes it or be subject to fines.

They almost certainly will require working smoke detectors and carbon monoxide detectors (if there is a source of carbon monoxide in the dwelling) at a minimum. If it is not an imminent fire hazard, you are still entitled to have it repaired quickly - provide the landlord with written notice of the problem (NOT email, text, phone message, etc. but written - paper, pen/toner, envelope, and either personally hand it to him or mail it) and request repair. If not responded to within a reasonable time, follow up with a second, more strongly worded letter. You are likely entitled to pay reduced rent as long as the defects are present but not likely to have grounds to break your lease, at least yet. You can provide the landlord written notice of the defect and notice that if it is not fixed within 30 days, you are terminating the lease if you wish - but be aware once given, the landlord can enforce your termination if he wishes. All in all, you should review ORS 90.360 and 90.365 to see the hoops you need to jump through or review it all with a local landlord-tenant attorney. Good luck.

Mr. Michael O. Stevens agrees with this answer

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