When Can Oregon Renters Refuse Move-In After Inspection?

Moving into a new Oregon rental home is exciting, but what if your move-in inspection reveals major problems? Oregon renters have legal rights when it comes to the condition of their rental unit. This guide explains when you can refuse to move in after an inspection, what to do next, and where to get help—based on Oregon’s most current tenancy laws and official resources.

Understanding Move-In Inspections in Oregon

Before you sign a lease or receive the keys, landlords in Oregon are required to provide a rental unit that is habitable and meets basic health and safety standards. A move-in inspection allows you to review the property’s condition and document any issues. This protects you from unfair charges and ensures the landlord upholds their obligations under the law.

Your Rights at Move-In: Habitable Condition

According to the Oregon Residential Landlord and Tenant Act, all rental properties must meet habitable standards. This means the unit must have:

• Working plumbing, heating, and electrical systems
• Safe and sound structure with locking doors and windows
• No pest infestations, toxic mold, or health hazards
• Required smoke and carbon monoxide detectors
• Other state and local code requirements

If your inspection reveals any violations, you have rights as a renter to request repairs—or, in serious cases, refuse to take possession.

When Can You Legally Refuse to Move In?

You can legally refuse to move in—meaning you are not required to take possession or pay rent—if:

• The unit is not habitable as defined by state law (ORS Chapter 90)
• Repairs needed for basic health, safety, or habitability have not been completed
• Major undisclosed issues arise that were not clear at the time you agreed to rent

Landlords are responsible for correcting these deficiencies before your move-in date. If you refuse to take possession for legally justified reasons, you may terminate the rental agreement and request a refund of any deposits paid.

Oregon’s Move-In Inspection Forms and Resources

While Oregon law does not require a specific move-in inspection form by number, landlords commonly use written checklists to document the unit’s condition. For best protection, use or request a signed "Move-In/Move-Out Checklist" from you and your landlord. The Oregon State Bar and Oregon Housing and Community Services offer guidance on documenting inspections.

What to Do If the Rental Isn’t Ready

• Document all issues found during inspection (photos, notes, checklist)
• Notify your landlord in writing about the problems and request prompt repairs
• If the landlord cannot or will not make the unit habitable, provide a written notice that you are refusing to move in until repairs are made—or are terminating the agreement
• Request a full refund of deposit and pre-paid rent

Official Forms: Security Deposit Refund Request

• Form Name: Security Deposit Refund Request (no official state form number)
• When to use: If you do not move into the unit due to habitability issues, submit a written refund request to your landlord stating your intent and referencing relevant Oregon law.
• Example: "I am formally requesting a full refund of my security deposit as I did not take possession of the rental unit at [Address] due to unaddressed habitability concerns documented on [date]. Details of these issues are attached. Please remit full payment within 31 days as per ORS 90.300."
• Resource Link: Oregon Housing and Community Services - Renters' Rights & Responsibilities

Filing a Complaint If Problems Persist

If your landlord refuses lawful requests for repairs or does not return your deposit, you may file a complaint or pursue action through the state or local housing authority. In Oregon, housing disputes are managed by the Oregon Circuit Courts under the landlord-tenant division, referencing the Oregon Residential Landlord and Tenant Act.

FAQ: Oregon Move-In Refusals and Inspections

1. What if the landlord agrees to fix issues after inspection?
   If the landlord promptly corrects habitability issues, you may move in after repairs are verified and documented. Always get repair timelines and completed work in writing.
2. Can I get my deposit back if I refuse to move in?
   Yes, Oregon law requires your deposit to be returned if you do not take possession for valid habitability reasons. If it's not returned within 31 days, you may pursue action in court.
3. Does Oregon law require a checklist for inspections?
   A checklist is not mandatory but is highly recommended. It provides written proof of the property’s condition for both landlord and tenant and helps prevent disputes.
4. What should be included in inspection documentation?
   Include photos of each room, details of any damages or issues, and signatures from both parties on a written checklist or separate document.
5. Who do I contact for unresolved move-in problems?
   Contact the local housing authority, legal aid, or file a small claims case in the appropriate Oregon Circuit Court if informal resolutions fail.

Key Takeaways for Oregon Renters

• You are not required to move in if the unit is not habitable by Oregon law.
• Document everything during your inspection and communicate in writing with your landlord.
• Use official channels to recover deposits or resolve disputes if necessary.

Need Help? Resources for Renters

• Oregon Housing and Community Services – Renters' Rights
• Oregon Circuit Courts – Landlord/Tenant Dispute Resolution
• OregonLawHelp.org – Free Legal Resources
• Oregon State Bar Lawyer Referral Service

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1. Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
2. Oregon Housing and Community Services
3. Oregon Circuit Courts – Landlord/Tenant Information
4. OregonLawHelp.org

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