Hood River, OR asked in Landlord - Tenant and Real Estate Law for Oregon

Q: Is it mandatory to provide and maintain "as-is" appliances in a Gresham, OR triplex?

I own a triplex in Gresham, OR, with two tenants. One tenant, currently on a month-to-month lease, will be signing a new lease with a roommate. We've agreed on the rent and security deposit, but I want to specify that the washer, dryer, dishwasher, and blinds are provided "as-is" due to their age and condition. I'm willing to remove these if they fail and the tenant wants to replace them. I've documented these appliances as "courtesy only" in the lease. Is it mandatory for me to provide and maintain these appliances under Oregon law?

1 Lawyer Answer

A: The general rule is that a landlord has no obligation to provide appliances to a tenant. But if they do, they are obligated to maintain the appliances throughout the term of the rental agreement. Presumably a dwelling rents for more with appliances than without so part of a tenant's rent is for having the appliances available and a landlord's obligation thus includes maintaining said appliances. You are asking if you can somehow contract around that maintenance obligation. A tenant cannot contract to give up any rights guaranteed them by Oregon law. So, if me, I would VERY clearly state in a written rental agreement that the dwelling comes without any appliances (or at least without specified appliances) and I would offer to sell the appliances AS IS to the tenant at the start of the lease for a reasonable but small amount. IF the tenant wishes to purchase them, fine, write up a bill of sale (including serial numbers, description, etc. if applicable) and the appliances stay but maintenance is on the new tenant. If they do not wish to purchase them, then you would need to remove them before giving possession to the tenant. I don't guarantee that a Judge wouldn't find that to be an attempt by you to avoid your maintenance duties but you would at least have rather solid arguments in my opinion and likely be ok. The biggest thing is to fully document in writing your intent to not include them in the lease and to not just provide them to the tenants as "gifts".

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