Oregon Statutes 90.460 – Alternate exit from bedroom required; tenant right to recover for landlord noncompliance
(1) As used in this section:
Terms Used In Oregon Statutes 90.460
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- Prepaid rent: means any payment of money to the landlord for a rent obligation not yet due. See Oregon Statutes 90.100
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
(a) ‘Bedroom’ has the meaning given that term in ORS § 90.262.
(b) ‘Building’ means a dwelling unit or a structure containing a dwelling unit.
(2) A landlord shall provide at all times during the tenancy a route or routes of exit from each bedroom and, if required, a secondary route of exit from each bedroom, for use during an emergency. The routes of exit must conform to applicable law in effect at the time of occupancy of the building or in effect after a renovation or change of use of the building, whichever is later.
(3)(a) If the landlord fails to comply with the requirements of this section, the tenant may recover actual damages, and the tenant may terminate the tenancy by providing the landlord actual notice and a description of the noncompliance 72 hours prior to the date of termination.
(b) If the landlord cures the noncompliance within the 72-hour period:
(A) The tenancy does not terminate; and
(B) The tenant may recover the tenant’s actual damages.
(c) If the landlord fails to cure the noncompliance within the 72-hour period:
(A) The tenancy terminates;
(B) The tenant may recover twice the tenant’s actual damages or twice the periodic rent, whichever is greater; and
(C) The landlord must return all security deposits and prepaid rent owed to the tenant under ORS § 90.300 within four days after the termination. [2015 c.388 § 13; 2016 c.53 § 5]