Clackamas, OR asked in Landlord - Tenant for Oregon

Q: Can I break my lease without being penalized?

Regarding my current situation with my rental property in Oregon, I submitted a maintenance request on March 3rd concerning a leak I suspect is coming from the toilet in my bathroom. Despite almost three weeks passing, I have not received any contact from management. The situation has worsened to the point where water is now coming through the floor and emitting a sewage odor, causing safety concerns. I'm uncertain if these circumstances constitute grounds for lease termination, and I seek legal advice on my options moving forward.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Oregon, tenants have rights when it comes to habitable living conditions. If your rental property has severe issues like leaks leading to sewage exposure, this could be considered a violation of habitability standards. Document the problem thoroughly, with photos and records of communication with your landlord or property management.

You should notify your landlord in writing about the issue immediately, if you haven't already done so, stating the urgency and requesting immediate action. Oregon law may allow you to break your lease without penalty under certain conditions, such as unresolved health and safety hazards. However, this depends on the specifics of your lease and local regulations.

Before deciding to break your lease, you might want to seek legal advice. An attorney can provide guidance based on your specific situation and local laws. They can also help you understand your rights and the potential consequences of breaking your lease. It’s important to handle this carefully to avoid unnecessary penalties or legal issues.

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