Legal Question in Landlord & Tenant Law in Oregon

landlord/tenant plumbing issues

We rent a house in portland oregon. two weeks ago there was a big clog in all 4 sinks in the house. A plumber came to the house to check the situation and said that it was from ''years and years of build up'' We have only lived here 8 months now. Our landlords still made us pay for the 200.00 bill because it states plumbing problems will be taken care of by tenant in our lease. Is this legal? shouldn't they have had the drains checked out before people moved into the house? what can we do?

Thanks for your help.


Asked on 3/05/07, 4:40 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: landlord/tenant plumbing issues

ORS 90.320(2) states that, "the landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

(b) ...... and

(c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

Sounds like this term was adequately disclosed (it was in the lease, even if you didn't read every term of the lease).

"Consideration" refers to whether you were getting something in return for taking on this obligation. Most would should be met if the rental amount is is at or below market value. Does the lease specify whether consideration is being offered?

Also, look at the exact language of "plumbing problems"... a $200 plumbing service would probably fall under "maintenance" but replacing the plumbing would not.

At least the good news is your plumbing should be in good shape for the foreseeable future.

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Answered on 3/24/07, 6:48 am


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