Housing · Repair and Deduct
Repair and Deduct in Oregon
How much of the rent a tenant can spend on a repair and subtract in Oregon, how often, the notice required, and the alternative if the state has no statutory remedy. Cited to the statute.
How repair and deduct works in Oregon
The cost cap or the alternative remedy, the notice steps, and the limits that apply.
| How it works | What it means |
|---|---|
| Only a minor habitability defect qualifies | A minor habitability defect means one that may reasonably be repaired for no more than $300, such as leaky plumbing, a stopped-up toilet, or a faulty light switch. If the job would reasonably cost more, the section does not reach it. |
| Give notice with a repair-or-deduct date | The written notice must describe the defect and state that the tenant intends to repair and deduct if the landlord has not fixed it by a specified date at least seven days after notice is given. |
| Someone else must do the work | The tenant may not perform the repair. The landlord may even name reasonable people to do it. To deduct, the tenant hands over a written statement from the person who made the repair showing the actual cost. |
| Cap: actual and reasonable cost up to $300 | The deduction cannot exceed $300, and because that figure is also the definition of a minor defect, a tenant cannot deduct the first $300 of a larger job. |
| Limits and alternatives | What it means |
|---|---|
| Mold, radon, asbestos, and lead are excluded | The definition of minor habitability defect expressly does not include the presence of mold, radon, asbestos, or lead-based paint. |
| Stale or repeat claims are barred | The remedy is lost if the tenant knew of the defect for more than six months before giving notice, or has already used it for the same occurrence, or caused or prevented the repair. |
| Essential services have a far larger route | ORS 90.365 covers a failure to supply an essential service such as heat or water. It has no dollar ceiling, allows recovery of substitute-housing costs, and is the real remedy for anything serious. |
What you can do right now
Concrete, neutral steps if the landlord will not repair in Oregon. This is legal information, not legal advice.
- Confirm the repair is truly minor
Ask whether the job could reasonably be done for $300 or less. If it would cost more, it is not a minor habitability defect and this section will not help.
- Send notice with a date at least seven days out
Serve written notice under ORS 90.155 describing the defect and stating a repair-or-deduct date no sooner than seven days after notice. Keep a copy.
- Have someone else do the work and get a written cost
Do not do the repair yourself. Obtain a written statement from the person who made the repair showing the actual cost, and deduct up to $300.
- For heat, water, or serious problems, use ORS 90.365
Essential-service failures have no cap and can pay for substitute housing. A legal-aid office can advise which route fits, and the resource below can point you to help.
Repair remedies have strict notice steps, and using the wrong one can put your tenancy at risk. This resource can connect you with a tenant hotline or a licensed attorney.
→ Oregon Law HelpThis is general legal information, not legal advice. Notice steps, caps, and local ordinances can change the answer, so confirm your situation with a tenant resource or a licensed attorney.
What Oregon tenants get wrong about repair and deduct
Oregon’s three hundred dollars is not a cap in the ordinary sense. It is the definition of the problem. If the job would reasonably cost more than $300 it is not a minor habitability defect and ORS 90.368 simply does not reach it, so a renter cannot deduct the first $300 of a $900 boiler. Two further rules quietly remove most of the rest. The renter is forbidden to do the work, and the landlord may even specify reasonable people to do it, so the deduction rests on a written cost statement from whoever made the repair. And the remedy vanishes if the renter knew about the defect for more than six months before complaining, a staleness bar found in no other state researched. Mold, radon, asbestos, and lead are carved out by name. The real Oregon remedy for anything serious is ORS 90.365, which covers essential services such as heat and water, has no ceiling at all, and can pay for a hotel. Notice with a date at least seven days out, someone else does the work, keep the cost statement, and reach for ORS 90.365 when the problem is bigger.
Common questions
Why can I not deduct part of a bigger repair in Oregon?
Because $300 defines a minor habitability defect, not just caps it. A repair that would reasonably cost more is not a minor defect, so the section does not apply and you cannot deduct the first $300.
Can I fix it myself in Oregon?
No. The tenant may not perform the work. The landlord can specify reasonable people to do it, and you deduct only on a written cost statement from whoever made the repair.
What if I have known about the defect for a year?
You lose the remedy. If the tenant knew of the defect for more than six months before giving notice, ORS 90.368 is unavailable for that defect.
Is heat or water covered by the $300 rule?
No. A failure to supply an essential service falls under ORS 90.365, which has no cap, allows substitute-housing costs, and is far larger than the minor-defect remedy.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.