(a) The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy:
(A) A building, health or housing code materially affecting health or safety;
(B) Laws or regulations concerning the delivery of mail; or
(C) Laws or regulations prohibiting discrimination in rental housing;
(b) The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;
(c) The tenant has organized or become a member of a tenants’ union or similar organization;
(d) The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;
(e) The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action only because:
(A) The termination notice by the landlord was not served or delivered in the manner required by ORS 90.155; or
(B) The period provided by the termination notice was less than that required by the statute upon which the notice relied to terminate the tenancy; or
(f) The tenant has performed or expressed intent to perform any other act for the purpose of asserting, protecting or invoking the protection of any right secured to tenants under any federal, state or local law.
(2) As used in subsection (1) of this section, "decreasing services" includes:
(a) Unreasonably restricting the availability of or placing unreasonable burdens on the use of common areas or facilities by tenant associations or tenants meeting to establish a tenant organization; and
(b) Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.
(3) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to the remedies provided in ORS 90.375 and has a defense in any retaliatory action against the tenant for possession.
(4) Notwithstanding subsections (1) and (3) of this section, a landlord may bring an action for possession if:
(a) The complaint by the tenant was made to the landlord or an agent of the landlord in an unreasonable manner or at an unreasonable time or was repeated in a manner having the effect of unreasonably harassing the landlord. A determination whether the manner, time or effect of a complaint was unreasonable shall include consideration of all related circumstances preceding or contemporaneous to the complaint;
(b) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the household of the tenant or upon the premises with the consent of the tenant;
(c) The tenant was in default in rent at the time of the service of the notice upon which the action is based; or
(d) Compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit.
(5) For purposes of this section, a complaint made by another on behalf of a tenant is considered a complaint by the tenant.
(6) For the purposes of subsection (4)(c) of this section, a tenant who has paid rent into court pursuant to ORS 90.370 shall not be considered to be in default in rent.
(7) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under ORS 90.360 (2). [Formerly 91.865; 1995 c.559 §25; 1997 c.303 §1; 1999 c.603 §23; 2011 c.42 §8; 2020 s.s.3 c.3 §§9,18]
Note: The amendments to 90.385 by section 18, chapter 3, Oregon Laws 2020 (third special session), become operative March 1, 2022. See section 22, chapter 3, Oregon Laws 2020 (third special session), as amended by section 4, chapter 39, Oregon Laws 2021. The text that is operative until March 1, 2022, including amendments by section 9, chapter 3, Oregon Laws 2020 (third special session), is set forth for the user’s convenience. (1) Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services, by serving a notice to terminate the tenancy or by bringing or threatening to bring an action for possession after:
(a) The tenant has complained to, or expressed to the landlord in writing an intention to complain to, a governmental agency charged with responsibility for enforcement of any of the following concerning a violation applicable to the tenancy:
(A) A building, health or housing code materially affecting health or safety;
(B) Laws or regulations concerning the delivery of mail; or
(C) Laws or regulations prohibiting discrimination in rental housing;
(b) The tenant has made any complaint to the landlord that is in good faith and related to the tenancy;
(c) The tenant has organized or become a member of a tenants’ union or similar organization;
(d) The tenant has testified against the landlord in any judicial, administrative or legislative proceeding;
(e) The tenant successfully defended an action for possession brought by the landlord within the previous six months except if the tenant was successful in defending the action only because:
(A) The termination notice by the landlord was not served or delivered in the manner required by ORS 90.155; or
(B) The period provided by the termination notice was less than that required by the statute upon which the notice relied to terminate the tenancy; or
(f) The tenant has performed or expressed intent to perform any other act for the purpose of asserting, protecting or invoking the protection of any right secured to tenants under any federal, state or local law.
(2) As used in subsection (1) of this section, "decreasing services" includes:
(a) Unreasonably restricting the availability of or placing unreasonable burdens on the use of common areas or facilities by tenant associations or tenants meeting to establish a tenant organization; and
(b) Intentionally and unreasonably interfering with and substantially impairing the enjoyment or use of the premises by the tenant.
(3) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to recover an amount equal to up to three months’ periodic rent or three times the actual damages sustained by the tenant and has a defense in any retaliatory action against the tenant for possession.
(4) Notwithstanding subsections (1) and (3) of this section, a landlord may bring an action for possession if:
(a) The complaint by the tenant was made to the landlord or an agent of the landlord in an unreasonable manner or at an unreasonable time or was repeated in a manner having the effect of unreasonably harassing the landlord. A determination whether the manner, time or effect of a complaint was unreasonable shall include consideration of all related circumstances preceding or contemporaneous to the complaint;
(b) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in the household of the tenant or upon the premises with the consent of the tenant;
(c) The tenant was in default in rent at the time of the service of the notice upon which the action is based; or
(d) Compliance with the applicable building or housing code requires alteration, remodeling or demolition which would effectively deprive the tenant of use of the dwelling unit.
(5) For purposes of this section, a complaint made by another on behalf of a tenant is considered a complaint by the tenant.
(6) For the purposes of subsection (4)(c) of this section, a tenant who has paid rent into court pursuant to ORS 90.370 shall not be considered to be in default in rent.
(7) The maintenance of an action under subsection (4) of this section does not release the landlord from liability under ORS 90.360 (2).
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 090 - Residential Landlord and Tenant
Section 90.110 - Exclusions from application of this chapter.
Section 90.112 - Maximum occupancy limit.
Section 90.125 - Administration of remedies; enforcement.
Section 90.135 - Unconscionability.
Section 90.140 - Types of payments landlord may require or accept; written evidence of payment.
Section 90.147 - Delivery of possession.
Section 90.150 - Service or delivery of actual notice.
Section 90.155 - Service or delivery of written notice.
Section 90.160 - Calculation of notice periods.
Section 90.222 - Renter’s liability insurance.
Section 90.228 - Notice of location in 100-year flood plain.
Section 90.243 - Qualifications for drug and alcohol free housing; "program of recovery" defined.
Section 90.245 - Prohibited provisions in rental agreements; remedy.
Section 90.260 - Late rent payment charge or fee; restrictions; calculation.
Section 90.262 - Use and occupancy rules and regulations; adoption; enforceability; restrictions.
Section 90.263 - Vehicle tags.
Section 90.265 - Interest in alternative energy device installed by tenant.
Section 90.275 - Temporary occupancy agreement; terms and conditions.
Section 90.295 - Applicant screening charges; screening criteria.
Section 90.300 - Security deposits; prepaid rent.
Section 90.303 - Evaluation of applicant.
Section 90.304 - Statement of reasons for denial; remedy.
Section 90.316 - Carbon monoxide alarm.
Section 90.317 - Repair or replacement of carbon monoxide alarm.
Section 90.318 - Criteria for landlord provision of certain recycling services.
Section 90.322 - Landlord or agent access to premises; remedies.
Section 90.323 - Maximum rent increase; exceptions; notice.
Section 90.324 - Calculation of maximum rent increase; publication.
Section 90.325 - Tenant duties.
Section 90.365 - Failure of landlord to supply essential services; remedies.
Section 90.368 - Repair of minor habitability defect.
Section 90.370 - Tenant counterclaims in action by landlord for possession or rent.
Section 90.380 - Effect of rental of dwelling in violation of building or housing codes; remedy.
Section 90.390 - Discrimination against tenant or applicant; tenant defense.
Section 90.391 - Information to veterans required in notice.
Section 90.392 - Termination of tenancy for cause; tenant right to cure violation.
Section 90.394 - Termination of tenancy for failure to pay rent.
Section 90.396 - Acts or omissions justifying termination 24 hours after notice.
Section 90.398 - Termination of tenancy for drug or alcohol violations.
Section 90.401 - Remedies available to landlord.
Section 90.403 - Taking possession of premises from unauthorized possessor.
Section 90.405 - Effect of tenant keeping unpermitted pet.
Section 90.410 - Effect of tenant failure to give notice of absence; absence; abandonment.
Section 90.412 - Waiver of termination of tenancy.
Section 90.414 - Acts not constituting waiver of termination of tenancy; delivery of rent refund.
Section 90.417 - Duty to pay rent; effect of acceptance of partial rent.
Section 90.420 - Enforceability of landlord liens; distraint for rent abolished.
Section 90.427 - Termination of tenancy without tenant cause; effect of termination notice.
Section 90.440 - Termination of tenancy in group recovery home; recovery of possession; damages.
Section 90.445 - Termination of tenant committing criminal act of physical violence.
Section 90.449 - Landlord discrimination against victim; exception; tenant defenses and remedies.
Section 90.462 - Electric vehicle charging stations.
Section 90.472 - Termination by tenant called into active state service by Governor.
Section 90.485 - Restrictions on landlord removal of vehicle; exceptions.
Section 90.490 - Prohibited acts in anticipation of notice of conversion to condominium; damages.
Section 90.493 - Prohibited acts following notice of conversion to condominium; damages.
Section 90.505 - Definitions for ORS 90.505 to 90.850; application of statutes.
Section 90.510 - Statement of policy; rental agreement; rules and regulations; remedies.
Section 90.512 - Definitions for ORS 90.514 and 90.518.
Section 90.514 - Disclosure to prospective tenant of improvements required under rental agreement.
Section 90.518 - Provider statement of estimated cost of improvements.
Section 90.525 - Unreasonable conditions of rental or occupancy prohibited; notice of rights.
Section 90.527 - Renter’s liability insurance in park.
Section 90.528 - Use of common areas or facilities.
Section 90.530 - Pets in facilities; rental agreements; violations.
Section 90.555 - Subleasing agreements.
Section 90.560 - Definitions for ORS 90.560 to 90.584.
Section 90.562 - Utility and service charges; limits.
Section 90.564 - Charge for cable, satellite or Internet.
Section 90.566 - Conversion to direct billing for garbage service.
Section 90.568 - Pro rata billing; apportionment methods.
Section 90.572 - Submeter billing.
Section 90.574 - Conversion to submeter or pro rata billing for water.
Section 90.576 - Legislative findings.
Section 90.578 - Conversion to submeter or direct billing for large parks.
Section 90.580 - Entry to read submeter; requirement for water submeter.
Section 90.582 - Publication of submeter or pro rata bills; tenant
Section 90.584 - Park specific billing for water; voting.
Section 90.610 - Notice of proposed change in rule or regulation; tenant objection to change.
Section 90.620 - Termination by tenant; notice to landlord.
Section 90.630 - Termination by landlord; causes; notice; cure; repeated nonpayment of rent.
Section 90.640 - Park damaged by natural disaster.
Section 90.643 - Conversion of park to planned community subdivision of manufactured dwellings.
Section 90.645 - Closure of park; notices; payments to tenants; rules.
Section 90.650 - Notice of tax provisions to tenants of closing park; rules.
Section 90.655 - Park closure notice to nontenants; report of tenant reactions.
Section 90.671 - Closure of marina; notices; payments to tenants; rules.
Section 90.710 - Causes of action; limit on cause of action of tenant.
Section 90.725 - Landlord or agent access to rented space; remedies.
Section 90.727 - Maintenance of trees in rented spaces.
Section 90.729 - Temporary movement of floating home; notice; costs paid by landlord.
Section 90.732 - Landlord registration; registration fee.
Section 90.734 - Manager or owner continuing education requirements.
Section 90.736 - Civil penalties.
Section 90.738 - Enforcement of registration and education requirements; advisory committee; rules.
Section 90.740 - Tenant obligations.
Section 90.750 - Right to assemble or canvass in facility; limitations.
Section 90.755 - Right to speak on political issues; limitations; placement of political signs.
Section 90.765 - Prohibitions on retaliatory conduct by landlord.
Section 90.767 - Mandatory mediation.
Section 90.771 - Confidentiality of information regarding disputes.
Section 90.840 - Park purchase funds, loans.
Section 90.844 - Procedures for purchase of facility by tenants; financial information; deadlines.
Section 90.846 - Notices and processes in facility transfer; remedies.
Section 90.848 - Exceptions to facility transfer requirements.
Section 90.849 - Notice of conveyance.
Section 90.860 - Definitions for ORS 90.865 to 90.875.
Section 90.865 - Dealer notice of rent payments and financing.
Section 90.870 - Manner of giving notice; persons entitled to notice.