Secondhand Smoke Complaints: Oregon Renters’ Rights & Steps

Secondhand smoke issues can seriously affect the comfort and health of renters in Oregon. Understanding your rights and the proper steps to address secondhand smoke in your rental unit is essential. This guide explains how Oregon renters can address these complaints, which forms and organizations can help, and what protections exist under state law.

Your Rights on Secondhand Smoke in Oregon Rentals

Oregon law does not prohibit smoking statewide in private residences, but many local ordinances, housing providers, and rental agreements have their own smoking restrictions. In multifamily housing, secondhand smoke may be treated as a nuisance or a breach of the implied warranty of habitability, which requires your landlord to maintain safe and livable premises under the Oregon Residential Landlord and Tenant Act.^[1]

• Check your lease for any smoke-free clauses.
• If secondhand smoke endangers health or breaches agreed policies, you may have the right to complaint or request remediation.
• Contact your local housing authority for information on city or county ordinances.

How to Address Secondhand Smoke Complaints

Addressing a secondhand smoke complaint in Oregon involves several steps—starting with communication, escalating to formal documentation, and, when needed, official complaint channels.

Step 1: Document the Problem

• Keep a log of dates and times when you notice secondhand smoke.
• Take photos or videos if smoke residue or damage is visible.
• Gather medical documentation if health impacts occur.

Step 2: Notify Your Landlord in Writing

If your lease prohibits smoking or if secondhand smoke creates a habitability problem, notify your landlord in writing. Oregon does not have a specific state form for this, but you can use a standard written notice. Clearly describe the issue, location, and your requested solution (such as enforcement of no-smoking policies or repairs).

Step 3: Request Repairs or Enforcement

Oregon law requires landlords to maintain habitable premises under ORS 90.320. If secondhand smoke makes your unit unfit, you may use:

• Fact Sheet: Landlord/Tenant Law (Oregon State Bar): Learn about habitability rights and notice requirements. Oregon State Bar Landlord/Tenant Guide.
• Notice of Repairs Needed (No Official Form Number): Commonly used to formally request needed repairs or enforcement. State the repair or enforcement you need and reference your written documentation.

Send your written notice by certified mail or other tracked delivery to ensure proof of delivery.

Step 4: File a Formal Complaint (If Needed)

If your landlord does not respond or resolve the problem:

• Contact your local housing code enforcement or public health department: Some Oregon cities allow tenants to submit complaints about indoor air quality or housing conditions. Find your city’s code enforcement or report housing issues with Oregon Housing and Community Services.
• Apply for remedies through the Oregon courts or with the Oregon Judicial Department (the state body handling landlord-tenant disputes).

Official Forms & Where to Find Them

• Notice of Repairs Needed or Code Complaint (Sample Form)
  • When to use: When your landlord fails to address habitability concerns—a written notice is the renter's first required step.
  • How to use: Clearly describe the smoke issue and cite impacts. Send to your landlord, and keep proof.
  • Official resource: Oregon State Bar—Tenant Rights.
• Court Complaint Forms
  • When to use: If negotiations or code complaints do not resolve the issue, you may file in Oregon small claims court.
  • How to use: Complete and file complaint forms with your county courthouse. See Oregon Judicial Department Forms for details.

What Laws and Tribunals Govern These Issues?

Oregon renters are protected by the Oregon Residential Landlord and Tenant Act, particularly ORS 90.320: Landlord Duties to Maintain Habitable Premises.^[1]

Official rental disputes are handled by the Oregon Judicial Department. You may also consult the Oregon Housing and Community Services for compliance or fair housing resources.^[2]

Practical Tips for Renters Facing Secondhand Smoke

• Review your lease for specific smoking rules.
• Politely communicate with your neighbor if comfortable.
• Document everything, including health concerns.
• Follow formal complaint steps if self-help doesn’t work.

1. What if my Oregon rental agreement doesn't mention smoking?
   If your lease is silent about smoking, Oregon law still requires landlords to provide safe and livable housing. Secondhand smoke could be considered a nuisance or breach of habitability if it impacts health, safety, or basic comfort.
2. How can I prove a secondhand smoke problem for my complaint?
   Keep a diary, take photos of smoke residue or ventilations, collect health records, and document all communication with your landlord or neighbor.
3. Can a landlord ban smoking after I have already moved in?
   A landlord may change no-smoking policies with proper advance notice as required by Oregon law—usually 30 days. Any lease changes must also be communicated in writing.^[1]
4. Is secondhand smoke covered by disability or medical accommodation laws?
   Renters with a disability or specific medical needs can request reasonable accommodation through a written request to their landlord, especially in subsidized housing or if smoke causes a disability-related issue.
5. What can I do if my landlord doesn’t respond to my complaint?
   If your landlord ignores your complaint, you may escalate it to local housing code enforcement, your county health authority, or file in small claims court for enforcement or damages.

Conclusion: Key Takeaways for Oregon Renters

• Know your right to habitable (safe, healthy) housing under state law.
• Always document problems and communicate with your landlord in writing.
• Use official forms and agencies for support if the issue is not resolved.

Need Help? Resources for Renters

• Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
• Oregon State Bar: Landlord-Tenant Information
• Oregon Judicial Department—Landlord/Tenant Disputes
• Oregon Housing and Community Services (Renter Assistance & Complaints)
• For local help, contact your city housing office or public health authority.

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1. Oregon Residential Landlord and Tenant Act, ORS Chapter 90: Full legislation here.
2. Oregon Judicial Department: Official tenant dispute resource.

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