Q: Who makes the determination (if anyone) as to the livability/habitability of one's home?
Please understand that I am not asking whether I have a case or trying to provide any and all relevant details in the hopes that someone "buys" my story. I know that my home does not meet a number of the elements required for habitability (i..e., I cannot cook due to the lack of a vent damper, an active wasp's nest & an open roof cap that blows EVERYTHING in. Bathroom exhaust fans suffer from the same issue; hence there's ZERO ventilation... been this way for 6 months. Leaky roof empties into the attic where there is disconnected ductwork - nothing gets out; everything comes in, including moisture, which is extracted an average of 160 liters/day. Major infestation of silverfish and spiders, holes in the walls, and much more. Landlord has been issued notices for months, did one repair, then called it good. City inspector is involved, yet landlord still refuses to do anything. Now my house smells musty/moldy, I getting severe headaches, etc. Can I go to a hotel in the meantime?
A: ORS 90.320 specifies the minimum habitability standards a rental dwelling must meet. Besides seeking monetary damages, you can also ask a Judge to Order a landlord to repair, with severe penalties if they do not. Review everything with a local landlord-tenant attorney.
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