Oregon Renters’ Rights When Elevators Break Down
Relying on a working elevator is essential for many Oregon renters, especially in high-rise apartment buildings. If your building's elevator is out of service, your daily life and health may be at risk—particularly if you have a disability or mobility issue. Understanding your rights, what your landlord must do, and which official resources you can turn to can help you manage these difficult situations.
Elevator Outages and Rental Housing Law in Oregon
In Oregon, landlords have a legal duty to keep rental housing “habitable”—meaning safe and suitable to live in—under the Oregon Residential Landlord and Tenant Act.[1] If your building is equipped with an elevator, it’s considered an essential service, and your landlord is responsible for repairing it within a reasonable time if it breaks down.
What Are Landlords Required to Do?
- Repair essential services promptly: This includes elevators, heat, water, and electricity.
- Provide reasonable accommodations: If you have a disability, landlords must make reasonable efforts to accommodate you during an elevator outage under both Oregon law and the federal Fair Housing Act.
- Communicate expected repair times: Landlords should notify tenants in a timely manner about outages and the anticipated timeline for repairs.
Your Rights as a Renter: Common Scenarios
When an elevator is not working:
- You can submit a written repair request to your landlord immediately; keep a copy for your records.
- If the outage makes your unit uninhabitable (for example, you cannot safely access it), you may have the right to withhold rent, repair and deduct costs, or move out without penalty in certain cases. Specific procedures in Oregon must be followed—see forms below.
- If your disability is affected, you are protected under both Oregon law and the federal Fair Housing Act.[2]
Reasonable Accommodation for Disabilities
If you or a household member have a disability, you may request alternative accommodations during extended outages—such as temporary relocation to a ground-floor unit or safe access assistance. Oregon landlords are required to consider and, when reasonable, grant these requests. For official guidance, see the Oregon Fair Housing Council and the U.S. Department of Housing and Urban Development (HUD) on reasonable accommodations.
Tip: Submit requests for accommodations in writing and keep copies for your records. Landlords cannot retaliate against you for requesting a legal accommodation.
Key Forms and How to Use Them
If your landlord does not repair an elevator in a reasonable time, you may have options depending on the situation:
-
Notice of Essential Service Failure (ORS 90.365): Write a dated letter specifying the problem, the date the elevator failed, and request a repair within a clear time frame (usually 48 hours for essential services).
- Example: "I am a resident of Unit 502. The elevator has been non-operational since June 1. Please restore service within 48 hours or inform me of your plan."
- Use this notice to document your request before taking further action. See the Oregon State Bar’s template at Oregon State Bar – Landlord/Tenant Forms.
- Reasonable Accommodation Request Form: While Oregon does not require a specific form, you should submit a written request to your landlord if you need an accommodation related to your disability.
- Oregon Residential Landlord Tenant Complaint Form: File a complaint with your local housing authority or the Oregon Fair Housing Council if you believe your rights are being violated.
If your concern is not resolved, you may apply to the local circuit court. The tribunal overseeing residential tenancies in Oregon is the Oregon Judicial Department (Circuit Courts – Landlord-Tenant Division).[3]
What Steps Should Oregon Renters Take?
If your elevator is broken:
- Document the outage, including photos and all communication.
- Notify your landlord in writing requesting prompt repairs.
- If there is no action, send a formal “essential service failure” notice.
- Request reasonable accommodations if you need them due to disability.
- Contact your local housing authority or the Oregon Fair Housing Council if your needs are not addressed.
Taking the right steps ensures your rights are protected and helps resolve problems faster.
Frequently Asked Questions
- What can I do if the elevator in my building is broken and I can’t access my apartment?
You should immediately notify your landlord in writing and request prompt repairs. If repair is delayed, you can submit a formal essential service notice and, in some cases, may withhold rent or seek other remedies under Oregon law. - Are Oregon landlords required to provide temporary housing during an elevator outage?
While not always required, if you or someone in your household is unable to access your unit due to a disability, you can request reasonable accommodation—such as temporary relocation—under state and federal fair housing laws. - If I request a disability accommodation during an elevator outage, can my landlord say no?
Landlords must consider all reasonable accommodations. They can only deny requests if granting them would pose an undue hardship or fundamentally alter housing operations. - Where can I file a complaint if my landlord ignores elevator repairs?
You can contact your local housing authority, the Oregon Fair Housing Council, or file a claim at the Oregon Judicial Department. - What official form should I use to notify my landlord about a broken elevator?
There’s no single state-mandated form, but you can use a written “Notice of Essential Service Failure”—include details and a repair deadline. Templates are available through the Oregon State Bar.
Key Takeaways for Oregon Renters
- Landlords must repair elevators and keep high-rise apartments habitable.
- Request repairs and accommodations in writing, and keep copies for your records.
- If not resolved, you have options—contact fair housing agencies or Oregon’s landlord-tenant tribunal.
Knowing your rights and following proper steps helps resolve elevator issues quickly and can protect your home and health.
Need Help? Resources for Renters
- Oregon Fair Housing Council – Advice on discrimination and accommodation requests
- Oregon Judicial Department – Landlord & Tenant Division
- Oregon State Bar – Lawyer Referral Service
- Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
- U.S. HUD: Reasonable Accommodations
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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