Oregon Statutes 90.765 – Prohibitions on retaliatory conduct by landlord
(1) In addition to the prohibitions of ORS § 90.385, a landlord who rents a space for a manufactured dwelling or floating home 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:
Terms Used In Oregon Statutes 90.765
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Floating home: has the meaning given that term in ORS § 830. See Oregon Statutes 90.100
- Good faith: means honesty in fact in the conduct of the transaction concerned. 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
- Manufactured dwelling: includes an accessory building or structure. 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) The tenant has expressed an intention to complain to agencies listed in ORS § 90.385;
(b) The tenant has made any complaint to the landlord which is in good faith;
(c) The tenant has filed or expressed intent to file a complaint under ORS § 659A.820; or
(d) 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) If the landlord acts in violation of subsection (1) of this section the tenant is entitled to the remedies provided in ORS § 90.710 (1) and has a defense in any retaliatory action against the tenant for possession. [Formerly 91.870; 1991 c.67 § 17; 1993 c.18 § 17; 2001 c.621 § 84]
(Dispute Resolution)