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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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We r renting a private home in west linn, Oregon, but we 't

Customer Question

We r renting a private home in west linn, Oregon, but we don't know if it can be rented legally because no inspectors have ok'd it, nor do we know if this area is. Zoned for single family home rental. We have concerns that because the house is over 100 years old & no very recent improvements have been done to this house, no proof that the wiring, gas, water pipes are even close to being up to city code insuring that this house is safe to inhabit. What do we do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

There is no need for the unit to be inspected separately, or have any additional code compliance, to be used for a rental unit.

If the landlord is not paying taxes or fees for use as a rental, they may incur liability for themselves as taxpayers and property owners, but that does not affect your obligation as tenants in the landlord/tenant relationship.

If there is a specific issue with the property that you are concerned about then you may have an issue.

OREGON HABITABILITY LAWS

Citation

Oregon Rev. Stats. §90-320, §90.360

Highlights

A dwelling is uninhabitable if it substantially lacks:

· Effective waterproofing and weather protection of roof and exterior walls, including windows and doors

· Plumbing facilities that conform to applicable law in effect at the time of installation, and maintained in good working order

· A water supply approved under applicable law that is:

o Under the control of the tenant or landlord and is capable of producing hot and cold running water

o Furnished to appropriate fixtures

o Connected to a sewage disposal system approved under applicable law

o 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

· Adequate heating facilities that conform to applicable law at the time of installation and maintained in good working order

· Electrical lighting with wiring and electrical equipment that conform to applicable law at the time of installation and maintained in good working order

· 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

· 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

· Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord

· Safety from fire hazards, including a working smoke alarm or smoke detector

· A carbon monoxide alarm, and the dwelling unit or the structure in which the dwelling unit is a part contains a carbon monoxide source

· Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows

Remedy for breach

In the event of the failure of the landlord to fulfill his responsibilities, the tenant may, on notice, terminate the rental agreement, or do the repair and deduct it from the rent, or sue for damages for breach. See §90.360 for details.

Publication

Landlord Tenant Rights

Customer: replied 1 year ago.
I'm still waiting for a reputable attorney to call me at(###) ###-#### ***** explain my options.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, I do not provide telephone calls - my hourly rate is far in excess of the small fee charged for this "Q&A" session, and I do not wish to provide the impression that we have an attorney/client relationship through this forum. If you desire a phone call, you can post a second question and post in the initial question that you are looking for "Additional Services" and another expert will provide you with an offer giving their fee for this additional service and additional instructions.