Portland, OR asked in Landlord - Tenant for Oregon

Q: I live in a duplex with no primary heat source since Nov. 2017 landlord said would have fixed by this coming winter.

Is he allowed to charge full rent?He also rents the garage separate and it is full of previous renters things. Can he charge me rent while it is full? I did cleaning and painting and he credited my deposit $350. Do I get that back with the return of my deposit. The heater was not working at time moved in

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: If you had a primary heat source at the time your rental began, you likely are entitled to have it fixed at the landlord's expense. You also may be entitled to have paid (or are owed a credit for) reduced rent from when it broke until it is back working. If the landlord has provided alternative heat sources in the meantime, that may change the above some but if the alternative sources cost more to operate, etc., you may still be entitled to damages.

As for the garage rental, much depends upon what your lease says. But if you are supposed to be renting the whole garage, it is the landlord's obligation to have cleared it out so the space you are paying for is available to you. Again, you may be entitled to a reduction in rent from the start until it is cleaned out or you may be entitled to simply break the lease penalty free; or you may even be entitled to recover damages if you have to pay to store things elsewhere which otherwise would be stored in the garage you are renting.

You may need to be able to prove the deposit credit for work performed but in theory yes, you earned the money and it needs to be credited to your account. Upon move out, you should either get a cash refund for the full amount or an itemized accounting for damages the landlord alleges you to be responsible for and payment of the balance of your security deposit.

Problems with any of the above? Consider reviewing it all with a local landlord-tenant attorney to understand what rights and obligations you have in this specific situation and to establish a game plan for going forward. Best of luck.

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