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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 34018
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I have a tenant in Oregon on a one year lease who's rent is

Customer Question

I have a tenant in Oregon on a one year lease who's rent is $1,200 per month which includes everything except telephone. My tenant has decided to pay $300 per month while we are dealing with a cockroach problem. I hired a pest control company to treat the property before this tenant moved in and then signed a one year contract for a different company to treat the property every 30 days. I told the tenant that $300 is unacceptable and that the full rent of $1,200 is past due by email. I am returning the $300 by check with a letter stating that the partial rent payment is unacceptable and that the full rent must be paid. Am I doing the right process?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
In limited circumstances a tenant may withhold a portion of rent if the landlord refuses to supply necessary repairs rendering the premises unsafe or unhabitable.
This does not appear to be one of those situations. If the premises are not habitable during treatment then the tenant should pay the entire rent and be put up in another unit or a motel for the nights when the premises are being treated.
You do not have to return a partial payment. You can keep it and give a 3 day notice to pay or quit. If they still refuse then you will file a forcible and the tenant will raise the infestation as a defense. The fact that you are in the process of actively correcting the problem should weigh in your favor.
I hope this is helpful.  If you have any follow up questions feel free to post them.  It is never a problem.
Thank you.
Loren