Found an issue on this page? Let us know and we will look into it as soon as possible.
We moved into our apartment and the place reeks of paint fumes to the point it isn't possible to stay there.
Anonymous9 views2 answers
Do paint fumes make a dwelling considered uninhabitable? Our move in day was six days ago and the apartment still reeks. What compensation should we ask for considering the place wasn't ready on our move in date and still doesn't seem ready despite a nearly a week having passed.
Yes. At a minimum, you should be credited for the rent paid for the time the unit was uninhabitable. The landlord should also be willing to provide reimbursement for expenses, if you obtain temporary lodging.
Try to have a constructive, positive discussion with the property manager or owner. They should be very responsive to the situation, if they are smart. if you do not get results, immediately see a tenants' right attorney. You can find one on . And there are many affordable or free resources in Portland to consult with on this subject.
But start with a kind, respectful, but firm request that the landlord take care of the issue and reimburse your costs. Hopefully the response will surprise you in the best possible way.
While not expressly stated as a condition rendering a dwelling to have a habitability violation in ORS 90.320, I think it likely a court would uphold it as being such, assuming the fumes are strong enough to be material. Assuming that is accurate, you are arguably entitled to a reduction in rent (up to all of it if it means you cannot stay there) and/or possibly the right to break your lease penalty free or even the right to live elsewhere at the landlord's expense, again all depending upon the extent of the problem and if you have jumped through the required notice to the landlord provisions. One could even argue you have been constructively evicted, entitling you to additional monetary penalties. So you may have a variety of options for remedies, depending upon what you want and the extent of the actual problem. All in all, you may wish to review it all with a local landlord-tenant attorney to explore your exact options and how best to enforce them. Good luck.