Vermin are named in the habitability statute, and Oregon adds something almost no other state has: a landlord's liability does not depend on whether they knew about the condition. But read the subsection carefully, because it contains two different standards. At the START of the tenancy the whole property must be free of rodents and vermin. AFTER that, the ongoing duty only covers areas under the landlord's control. That is why timing decides Oregon cases — spot bugs within weeks of moving in and you are arguing the move-in standard, which is far stronger. Building-wide infestations remain the landlord's problem throughout.
Who pays for treatment
Landlord at move-in and in areas it controls
Landlord response deadline
Written notice, then statutory cure periods
Disclosure before lease
No
What the law actually says
No bed bug provision. ORS 90.320(1)(f) — the landlord shall maintain buildings, grounds and appurtenances 'at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, AND all areas under control of the landlord kept in every part safe... free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin.' Note the two standards in one clause: whole-property at commencement, landlord-controlled areas on an ongoing basis. Tenant duty: § 90.325(1)(b). CRITICAL CASE LAW: Oregon courts have NOT recognized an implied warranty of habitability — Bellikka v. Green, 306 Or 630, 762 P2d 997 (1988) — so the statute is the entire source of the duty, with no common-law fallback. And an uninhabitable condition causing a statutory violation does not depend on the landlord's knowledge of the condition — Davis v. Campbell, 327 Or 584, 965 P2d 1017 (1998), which is effectively strict liability. See also Appleberry v. Berry, 98 Or App 398, 779 P2d 205 (1989). Remedies in ch. 90: § 90.360 landlord non-compliance generally; § 90.365 failure to supply essential services; § 90.368 repair and deduct; § 90.370 tenant counterclaims in an action for possession or rent; § 90.375 unlawful ouster or wilful diminution of services; § 90.380 rental in violation of building or housing codes; § 90.385 retaliatory conduct prohibited. Oregon Law Help's tenant handbook is explicit that the belief the landlord must pay for all exterminations is an oversimplification, that the landlord is responsible for extermination in common areas and areas within its control, that a building-wide infestation is the landlord's to resolve, that the landlord must make repairs necessary to prevent re-infestation, and that a tenant noticing pests within a few weeks to a month of moving in should photograph everything, talk to neighbours, and notify in writing immediately. CURE PERIODS CONFIRMED, § 90.360(1)(a): the tenant may deliver written notice specifying the acts and omissions constituting the breach and stating that the rental agreement terminates on a date not less than 30 days after delivery IF THE BREACH IS NOT REMEDIED IN SEVEN DAYS IN THE CASE OF AN ESSENTIAL SERVICE OR 30 DAYS IN ALL OTHER CASES; for a week-to-week tenancy the agreement terminates not less than seven days after delivery. § 90.360(4) — the tenant may NOT terminate or recover damages for a condition caused by the deliberate or negligent act or omission of the tenant or another person on the premises with their permission or consent. § 90.360(5) — on termination the landlord returns all deposits and prepaid rent under § 90.300. REPAIR-AND-DEDUCT IS EFFECTIVELY UNAVAILABLE FOR BED BUGS: § 90.368 covers only a MINOR habitability defect, the deduction may not exceed $300 per repair, and the landlord must be given at least seven days from the notice. The statute defines a minor habitability defect by that $300 ceiling — the examples are leaky plumbing and faulty light switches — and expressly excludes mould, radon, asbestos and lead-based paint. Bed bug treatment routinely costs many times $300, so it will rarely if ever qualify. Note too that a tenant proceeding under § 90.368 may not proceed under § 90.360(1) for that same breach, though other remedies remain. § 90.365 essential services has no dollar cap but an infestation is not an essential service. RECURRENCE SHORTCUT CONFIRMED, § 90.360(1)(c): 'If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 14 days written notice specifying the breach and the date of termination' — seven days for a week-to-week tenancy. That matters here more than in most contexts, because bed bugs recur constantly after a failed treatment: give notice the first time, and a repeat within six months lets you leave on 14 days rather than 30. ONE MORE LIMIT ON DAMAGES: the § 90.360(2) damages and injunctive relief remedy does not apply where the condition was caused, after the tenancy began, by the deliberate or negligent act or omission of someone other than the landlord or a person acting on the landlord's behalf. In a multi-unit building an infestation spreading from a neighbouring tenant may fall within that exclusion, so the termination and abatement routes can be more reliable than a damages claim. Portland operates additional local protections including a rental housing inspection program.
Hiring someone in Oregon? Check they are actually licensed for structural pest control before you pay a deposit. Verify a Oregon exterminator →
What to do, in order
Photograph everything before you touch it
Live insects, shed skins, dark staining along the mattress seam. Timestamps are the evidence.
Notify the landlord in writing
Email or certified letter, never a phone call alone. Written notice is what starts the clock in every state that has one.
Do not throw out furniture yet
Discarded items can't be inspected, and moving them spreads the infestation down the hallway.
Let the deadline above run
Escalating before it expires generally forfeits the remedy.
Escalate to the housing agency, then to court
An independent inspection report is worth more than your own photographs. Rent withholding rules vary sharply — check the section above before you try it.
Read it yourself
Everything above was written by reading the sections named in the citation, not by summarizing another summary. You should not take our word for it — open the statute and check. Look up the section numbers quoted above.
The state's own legislature or code site. Search it for the section numbers quoted above — they are the whole basis for this page.
Last checked against the Oregon code: . Statutes change every legislative session — if you are reading this long after that date, open the cited sections yourself before relying on them.
Not legal advice. This is a plain-language reference to publicly available statutes, verified against the Oregon code. Liability turns on your lease, your local ordinance and your specific facts. Talk to a tenant attorney or legal aid before withholding rent or filing anything.