(7) If conditions
at premises that existed at the outset of the tenancy and that were not caused
by the tenant pose an imminent and serious threat to the health or safety of
occupants of the premises within six months from the beginning of the tenancy,
the tenant may immediately terminate the rental agreement by giving the
landlord actual notice of the termination and the reason for the termination.
In addition, if the landlord knew or should have reasonably known of the
existence of the conditions, the tenant may recover either two months’ periodic
rent or twice the actual damages sustained by the tenant as a result of the
violation, whichever is greater. The tenant need not terminate the rental
agreement to recover damages under this section. Within four days of the tenant’s
notice of termination, the landlord shall return to the tenant:
(a) All of the
security deposit or prepaid rent owed to the tenant under ORS 90.300; and
(b) All rent
prepaid for the month in which the termination occurs, prorated to the date of
termination or the date the tenant vacates the premises, whichever is later.
(8)(a) A landlord
shall return the money due the applicant or tenant under subsections (6) and
(7) of this section either by making the money available to the applicant or
tenant at the landlord’s customary place of business or by mailing the money by
first class mail to the applicant or tenant.