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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 101607
Experience:  Attorney
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There has been extensive water damage to my rental unit

Customer Question

Hello, there has been extensive water damage to my rental unit since I moved in. The property management company has sent over a construction worker to tear up the floor, and laminate. They have found now the sub floor needs to be torns out. This leaves me without a laundry room, access to my garage, a hole in the ground which looks dangerous to fall into, and no use of my living room. What are my rights here? I feel trapped in my own house. This could take days to complete and I have a young daughter to keep safe.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B)If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me WHAT STATE this is in?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Oregon
Expert:  Ely replied 1 year ago.
Thank you.
The warranty of habitability for Oregon demands that the landlord hold the property in repair for reasonable living standards, not limited to:
Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;
(b) Plumbing facilities that conform to applicable law in effect at the time of installation, and maintained in good working order;
(c) A water supply approved under applicable law that is:
(A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;
(B) Furnished to appropriate fixtures;
(C) Connected to a sewage disposal system approved under applicable law; and
(D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;
(d) Adequate heating facilities that conform to applicable law at the time of installation and maintained in good working order;
(e) Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and maintained in good working order;
(f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;
(g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;
(h) Floors, walls, ceilings, stairways and railings maintained in good repair;
(i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;
(j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270 (Owner of rental dwelling unit to supply, install and maintain smoke alarm or smoke detector), but not to include the tenants testing of the smoke alarm or smoke detector as provided in ORS 90.325 (Tenant duties) (1);

In the event of the failure of the landlord to fulfill his responsibilities, the tenant may AFTER GIVING WRITTEN NOTICE AND GIVING THE LANDLORD REASONABLE TIME to fix the issues, do one of the following:
1) terminate the rental agreement, or
2) do the repair and deduct it from the rent, or
3) sue for damages for breach.
In such a case where they are already repairing but are just taking so long, then #1 or #3 seems most appropriate.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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