[OR] What can I do if my landlord never addressed water damage in my apartment?

Lexi, Chatbot

I’m sorry to hear about the water damage in your Oregon rental. Have you documented the water damage and any attempts to notify the landlord about it?

Lexi, Chatbot

Are there any clauses in your lease regarding maintenance responsibilities or how to handle issues like this?

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help.

What can I do if my landlord never addressed water damage in my apartment?

Good afternoon, and welcome to AskALawyer. Please give me a moment to review your question.

What can I do if my landlord never addressed water damage in my apartment?

Under Oregon’s Residential Landlord and Tenant Act (ORS Chapter 90), landlords have a legal duty to maintain habitable premises, which means the rental must be safe and livable. This includes keeping the property free from conditions that pose health or safety risks, such as water damage, leaks, or potential mold growth.

Even if there’s no visible mold, persistent water damage and moisture can still violate ORS 90.320 (habitability standards). A tenant does not have to prove visible mold to claim a breach of the landlord’s duty. The landlord’s failure to fix known water damage after proper notice is enough to show negligence or breach of contract.

If you provided written notice (or any form of documented notice) and the landlord failed to act within a reasonable time, they could be liable for rent abatement (a rent reduction) or damages.

If the local housing authority won’t act, you can still file a small claims or civil case under ORS 90.360, requesting rent abatement, reimbursement for repairs, or even lease termination if the unit remains unsafe.

1. File in Small Claims or Civil Court:

• You can pursue damages or rent reduction under ORS 90.360, or terminate your lease without penalty if the property remains uninhabitable.

2. Get an Independent Inspection:

• Consider hiring a certified mold or environmental inspector. Even if mold isn’t visible, testing can reveal hidden spores and moisture issues, strengthening your case.

3. Document Everything:

• Keep written records of all notices, photos, repair attempts, and communications with your landlord.

Oregon law also protects tenants from retaliation under ORS 90.385, meaning your landlord cannot increase rent, reduce services, or evict you because you reported these issues.

What can I do if my landlord never addressed water damage in my apartment?

Does that make sense?

What can I do if my landlord never addressed water damage in my apartment?

Thank you for the context. The landlord’s repeated failure to properly fix the roof and repair the resulting interior water damage — after multiple leaks — almost certainly violates Oregon’s habitability laws (ORS 90.320).

If the drywall remains damaged and the roof still leaks, you have grounds to seek:

• Rent abatement (reduction of rent)
• Lease termination under ORS 90.360
• Damages in small claims or civil court for loss of use or health risks

Even without visible mold, the heating and moisture you described could make the unit unsafe.

What can I do if my landlord never addressed water damage in my apartment?

Yes. Even without visible mold, you can still pursue rent abatement if:

• The roof leaks or repairs repeatedly failed;
• Drywall or insulation remains damaged;
• The unit has unreasonable heating or electrical costs due to those conditions; or
• The landlord failed to restore the unit to a habitable condition after notice.

Oregon’s habitability laws cover unsafe or unsanitary conditions — visible mold is not required.