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What are habitability issues?

Mendell Gosnell - Sunday, September 25, 2016

What are habitability issues?

The term habitability in regards to rental property has to do with the livability of a house or apartment.  One of the laws that govern real estate that is rented out to a tenant is referred to as Landlord/Tenant law.  Many of these rules or statutes are found in the Oregon Revised Statutes chapter 90 (ORS 90).  In particular ORS 90.320(1) states that, “A Landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition.”  The list of requirements is quite long, however some of the highlights include such things as effective waterproofing and weather protection of roof and exterior walls, including windows and doors, adequate plumbing, heating source, electrical lighting, well you get the gist.  In other words, if you rent a place it must have what the law defines as the minimum items provided and in good repair to make the dwelling livable or habitable.

If at anytime during the tenancy, an item on this list brakes or is in need of repair you are legally responsible to fix, repair or replace the item in a timely manner.

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