(2) Except as
provided in this chapter, the tenant may recover damages and obtain injunctive
relief for any noncompliance by the landlord with the rental agreement or ORS
90.320 or 90.730. The tenant shall not be entitled to recover damages for a
landlord noncompliance with ORS 90.320 or 90.730 if the landlord neither knew
nor reasonably should have known of the condition that constituted the
noncompliance and:
(a) The tenant
knew or reasonably should have known of the condition and failed to give actual
notice to the landlord in a reasonable time prior to the occurrence of the
personal injury, damage to personal property, diminution in rental value or
other tenant loss resulting from the noncompliance; or
(b) The condition
was caused after the tenancy began by the deliberate or negligent act or
omission of someone other than the landlord or a person acting on behalf of the
landlord.
(3) The remedy
provided in subsection (2) of this section is in addition to any right of the
tenant arising under subsection (1) of this section.
(4) The tenant
may not terminate or recover damages under this section for a condition caused
by the deliberate or negligent act or omission of the tenant or other person on
the premises with the tenant’s permission or consent.
(5) If the rental
agreement is terminated, the landlord shall return all security deposits and
prepaid rent recoverable by the tenant under ORS 90.300. [Formerly 91.800; 1993
c.369 §8; 1995 c.559 §20; 1997 c.577 §19; 1999 c.603 §21; 1999 c.676 §13]