Summary
Oregon law requires landlords to provide at least 24 hours written notice for non-emergency repairs or maintenance under ORS 90.322. Severe plumbing issues may be considered emergencies, potentially waiving notice requirements. For ongoing maintenance, legal specifics can vary, so consulting a local attorney is advisable. Tenants may also have claims under ORS 90.320 for quiet enjoyment violations and ORS 90.365 for repair and deduct options. Excessive noise from maintenance could be a violation, and if it leads to health issues, a personal injury claim may be possible.Full Conversation
So the landlord hired a plumbing company to jackhammer and repair/replace the water waste, in Oregon, is any sort of notice on ongoing maintance and distruption to peaceful and quiet enjoyment of the property required? and if so, can you tell me the law that is?
Yes, Oregon law requires landlords to provide at least * hours' written notice for non-emergency repairs or maintenance. This is found in ORS *.*. If this is not followed, tenants may have a claim for violation of their right to quiet enjoyment under ORS *.*.
is a plaumbing issue an emerency or no emerency
In Oregon, whether a plumbing issue is considered an emergency can depend on the severity. If it's a severe issue like a major leak that could cause immediate damage, it could be seen as an emergency. Lesser problems might not qualify. Always consult with a local attorney for specifics.
is notice required for an emerency such as you described but the maintance will be ongoing for at least a week?
In Oregon, for emergencies that require immediate action like severe plumbing issues, notice may not be required. However, for ongoing maintenance lasting over a week, the law isn't specific. It's advisable to discuss with a local attorney for clarification.
is there any other law on the books that can help me in this sitution about getting my peace and quiet so i can sleep,eat,and work back?
Under Oregon law:
- ORS *.* allows a tenant to repair and deduct for certain habitability issues, if appropriate notice is given.
- ORS *.* permits a tenant to sue for injunctive relief to enforce the landlord's duties.
Consider consulting a local attorney for advice.
Okay ill contact them, one last question. is there any laws pertaining to the use of a jackhammer within a private dwelling that is so loud is cause hearing loss and other medical issues?
Oregon's Residential Landlord and Tenant Act doesn't specifically mention noise from jackhammers. However, excessive noise that disrupts your peace and quiet could be a violation of ORS *.*. If the noise leads to health issues, you may have a personal injury claim. Please consult a local attorney.
Thank you.
You're welcome, ****. Don't hesitate to reach out if you need more legal information in the future. Best of luck with your situation.
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