Demanding Repairs Before Moving In: Oregon Tenant Rights

Moving into a new Oregon rental is exciting, but it’s important to make sure your unit is safe and in good repair before you settle in. Under Oregon law, renters have the right to a habitable home from day one. Understanding how to demand repairs before you move in helps you start your tenancy confidently, avoid disputes, and protect your security deposit.

Understanding Your Right to Repairs Before Move-In

Oregon’s Residential Landlord and Tenant Act requires landlords to provide a rental property that’s habitable—which means it meets basic standards for health and safety—when your lease begins. This includes working plumbing, heat, locks, smoke alarms, and more. If you spot issues during your move-in inspection, you have the right to ask for repairs before accepting the keys or paying the first month’s rent.

How to Identify and Document Problems

Before move-in, do a thorough walkthrough of the unit, ideally with the landlord present. Create a detailed inspection checklist. Take photos or videos of any problems or damages you find, such as:

• Leaking plumbing or water damage
• Broken appliances or heat/AC not working
• Missing or non-working smoke/carbon monoxide alarms
• Broken locks, windows, or exterior doors
• Unsafe stairs, railings, or entryways

This documentation will support your repair demand and protect your security deposit later.

Requesting Repairs: Official Steps and Forms

It’s best to request repairs in writing so you have a record. In Oregon, you can use a simple written notice, detailing:

• The specific repairs needed
• The address and unit number
• The date of your inspection
• A request for repairs before move-in (or before rent is paid)

Though Oregon law does not require a standard state form for repair requests, it’s a good idea to use or reference a Move-In/Move-Out Checklist from Oregon Housing and Community Services. You and your landlord can sign this document to record repairs needed and their completion status.

Sample Written Notice for Repairs

Example:

I inspected the apartment at [address] on [date] and noted the following repair items that need to be fixed before move-in: [list of issues]. Please confirm completion of these repairs before I accept the keys or pay rent.

Sign and date your notice, and keep a copy for your records. Emailing your request or sending via certified mail adds another layer of protection.

What If Repairs Aren’t Made Before Move-In?

Oregon renters are not required to move in or pay rent until the property is habitable. If your landlord does not make necessary repairs before your planned move-in date, you can:

• Delay moving in or paying rent until repairs are completed
• Negotiate an agreement in writing about unfinished repairs (include deadlines)
• Contact the local building or code enforcement for unsafe conditions

If you still decide to move in with promises of future repairs, ensure everything is put in writing and signed by both parties. If serious habitability issues remain, you may be able to file a complaint with your local code enforcement or begin the Oregon Residential Landlord and Tenant Act process for enforcing your rights.

Official Forms and Resources

• Move-In/Move-Out Rental Checklist (no formal number):
  • Used to document the unit’s condition at move-in and move-out.
  • Practical example: Complete this checklist before move-in, listing all needed repairs and signing it with your landlord to establish a clear record.
  • Download the official Move-In/Move-Out Checklist (Oregon.gov)
• Rental Repair Request (Sample Letter):
  • There is no required state form, but a written letter or email suffices.
  • Practical example: List the exact repairs needed and request written confirmation from your landlord that repairs will be completed before move-in.

Relevant Oregon Tenancy Law and Tribunals

The primary legislation governing Oregon rentals is the Oregon Residential Landlord and Tenant Act (ORS Chapter 90). If disputes arise, renters may seek help in Oregon circuit courts or contact their local circuit court for small claims related to repairs and tenant rights.

FAQ: Move-In Repairs and Renter Rights in Oregon

1. Can a landlord require me to move in before repairs are done in Oregon?
   No. In Oregon, landlords must provide a habitable home at the start of your lease under ORS Chapter 90. You may decline to move in or pay rent until necessary repairs are made.
2. Do I need to use a special form to demand repairs before move-in?
   No official state form is required. A written request or signed Move-In/Move-Out Checklist is sufficient as long as you describe the exact issues and keep a copy.
3. What if my landlord ignores my repair request?
   You can delay paying rent, contact local code enforcement, or take the issue to your local circuit court if the repairs are essential for habitability.
4. How do I prove that repairs were needed before I moved in?
   Photos, videos, and a completed Move-In/Move-Out Checklist signed by both you and your landlord serve as evidence.
5. Is smoke or carbon monoxide alarm installation required before move-in?
   Yes, landlords must install working smoke detectors and carbon monoxide alarms per Oregon law before a new tenant moves in.

Key Takeaways for Oregon Renters

• Document all issues at move-in and request repairs in writing before paying rent or accepting keys.
• Use the Oregon Move-In/Move-Out Checklist for the best record.
• Landlords must deliver a safe, habitable rental at the start of your lease.

Need Help? Resources for Renters

• Oregon Housing & Community Services: Renter Assistance
• Oregon State Bar: Landlord-Tenant Information
• Oregon Courts: Find Your Local Circuit Court
• City of Portland: Rental Services Office (for city residents)

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1. Oregon Revised Statutes (ORS) Chapter 90 – Residential Landlord and Tenant
2. Oregon Housing & Community Services: Renter Assistance
3. Oregon Judicial Department: Local Circuit Courts
4. Portland Rental Services Office

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