90.460
Alternate exit from bedroom required; tenant right to recover for landlord
noncompliance. (1)
As used in this section:
(a) “Bedroom” has
the meaning given that term in ORS 90.262.
(b) “Building”
means a dwelling unit or a structure containing a dwelling unit.
(2) A landlord
shall provide at all times during the tenancy a route or routes of exit from
each bedroom and, if required, a secondary route of exit from each bedroom, for
use during an emergency. The routes of exit must conform to applicable law in
effect at the time of occupancy of the building or in effect after a renovation
or change of use of the building, whichever is later.
(3)(a) If the
landlord fails to comply with the requirements of this section, the tenant may
recover actual damages, and the tenant may terminate the tenancy by providing
the landlord actual notice and a description of the noncompliance 72 hours
prior to the date of termination.
(b) If the
landlord cures the noncompliance within the 72-hour period:
(A) The tenancy
does not terminate; and
(B) The tenant
may recover the tenant’s actual damages.
(c) If the
landlord fails to cure the noncompliance within the 72-hour period:
(A) The tenancy
terminates;
(B) The tenant
may recover twice the tenant’s actual damages or twice the periodic rent,
whichever is greater; and
(C) The landlord
must return all security deposits and prepaid rent owed to the tenant under ORS
90.300 within four days after the termination. [2015 c.388 §13; 2016 c.53 §5]