Repair of minor habitability defect

(1) As used in this section, “minor habitability defect”: (a) Means a defect that may reasonably be repaired for not more than $300, such as the repair of leaky plumbing, stopped up toilets or faulty light switches. (b) Does not mean the presence of mold, radon, asbestos or lead-based paint. (2) If, contrary to ORS 90.320, the landlord fails to repair a minor habitability defect, the tenant may cause the repair of the defect and deduct from the tenant’s subsequent rent obligation the actual and reasonable cost of the repair work, not to exceed $300. (3)(a) Prior to causing a repair under subsection (2) of this section, the tenant shall give the landlord written notice: (A) Describing the minor habitability defect; and (B) Stating the tenant’s intention to cause the repair of the defect and deduct the cost of the repair from a subsequent rent obligation if the landlord fails to make the repair by a specified date. (b) The specified date for repair contained in a written notice given to a landlord under this subsection must be at least seven days after the date the notice is given to the landlord. (c) If the landlord fails to make the repair by the specified date, the tenant may use the remedy provided by subsection (2) of this section. (d) Service or delivery of the required written notice shall be made as provided under ORS 90.155. (4)(a) Any repair work performed under this section must be performed in a workmanlike manner and be in compliance with state statutes, local ordinances and the state building code. (b) The landlord may specify the people to perform the repair work if the landlord’s specifications are reasonable and do not diminish the tenant’s rights under this section. (c) The tenant may not perform work to repair the defect. (d) To deduct the repair cost from the rent, the tenant must provide to the landlord a written statement, prepared by the person who made the repair, showing the actual cost of the repair. (5) A tenant may not cause the repair of a defect under this section if: (a) Within the time specified in the notice, the landlord substantially repairs the defect; (b) After the time specified in the notice, but before the tenant causes the repair to be made, the landlord substantially repairs the defect; (c) The tenant has prevented the landlord from making the repair; (d) The defect was caused by a deliberate or negligent act or omission of the tenant or of a person on the premises with the tenant’s consent; (e) The tenant knew of the defect for more than six months before giving notice under this section; or (f) The tenant has previously used the remedy provided by this section for the same occurrence of the defect. (6) If the tenant proceeds under this section, the tenant may not proceed under ORS 90.360 (1) as to that breach, but may use any other available remedy in addition to the remedy provided by this section.