Oregon Complaint for Breach of Covenant of Quiet Enjoyment

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Multi-State
Control #:
US-01270BG
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Description

Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. Quiet is not restricted to an absence of noise; it has been interpreted as uninterrupted. Interference by the landlord may deprive the tenant of expectations under the lease.


This form is a generic example that may be referred to when preparing such a Complaint for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The landlord must make sure that the building, out-buildings, and the grounds are clean and free of trash, rodents and bugs at the time the rental agreement commences. When the tenant moves in, the whole property should be safe ? inside and out ? and the place must be clean.

Renters who rent month-to-month or have a lease must get at least 10 days' notice before a landlord can evict them for not paying their rent. If a renter pays the full late rent during the 10-day notice period, the landlord cannot file an eviction for unpaid rent.

If the landlord fails to provide a safe, quiet and comfortable dwelling for full use and enjoyment by the tenant, the landlord may be in violation of this common law. The 'Covenant of Quiet Enjoyment' is not part of the Oregon Revised Statute, but is a common law derived from Wolf v. Eppenstein (1914).

You can use small claims court when your landlord does not return a deposit after you moved, unlawfully destroys your things, does not make repairs required by law, enters your home without the required notice, unlawfully shuts off your utilities, or changes the locks, or otherwise violates the rules set out in this ...

Slandering, libel, or otherwise sharing false information or maligning a tenant. Threatening eviction when there are no legal grounds for the eviction. Issuing an eviction or 72 hour notice on false charges.

If you have a Landlord/Tenant Law complaint or questions, please go to Oregonlawcenter.org or contact your local Legal Aid Services. If you are currently facing eviction, please contact the Eviction Defense Project at 888-585-9638 or online at oregonlawcenter.org/eviction-defense-project.

Per-day late fee: a daily fee of not more than 6% of the reasonable flat monthly late fee described in 'Can my landlord raise my rent after I move in? ' above. A five-day period late fee: a fee that is 5% of the rent, charged once for each five-day period the rent is late.

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Oregon Complaint for Breach of Covenant of Quiet Enjoyment