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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37010
Experience:  Attorney over 16 years, landlord 26 years
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i was served a 72hr notice for not paying last 2months of rent.

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i was served a 72hr notice for not paying last 2months of rent. i also told landlord that the septic is backing up in to the showers and tub that was over 3 months ago he said he would send someone out and never did (i have it all in a text message back and forth and dates). what are my rights? ive been trying to be nice by not making a big stink about the septic but i feel like im being taken advantage of. we have lived there over a year
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
Under Oregon law, if a tenant has given a landlord notice of a problem that affects the habitability or safety of the dwelling, and the landlord doesn't repair the problem within a reasonable time, it can give the tenant the right to stop paying rent until the repairs are made. This is the specific law:
ORS 90.365 Failure of landlord to supply essential services
If contrary to the rental agreement or ORS 90.320 the landlord intentionally or negligently fails to supply any essential service, the tenant may give written notice to the landlord specifying the breach and that the tenant may seek substitute services, diminution in rent damages or substitute housing. After allowing the landlord a reasonable time and reasonable access under the circumstances to supply the essential service, the tenant may:

(a) Procure reasonable amounts of the essential service during the period of the landlords noncompliance and deduct their actual and reasonable cost from the rent;


(b) Recover damages based upon the diminution in the fair rental value of the dwelling unit; or


(c) If the failure to supply an essential service makes the dwelling unit unsafe or unfit to occupy, procure substitute housing during the period of the landlords noncompliance, in which case the tenant is excused from paying rent for the period of the landlords noncompliance. In addition, the tenant may recover as damages from the landlord the actual and reasonable cost or fair and reasonable value of comparable substitute housing in excess of the rent for the dwelling unit.
So at this point, you could fight any eviction action by providing proof of the problems you are dealing with as well as proof that you notified the landlord about them and he failed to repair them. The judge can then dismiss the eviction action and order that you do not have to pay any further rent until the landlord makes the necessary repairs to the septic system to prevent backups.
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