Jared v. Harmon

Summary

The Oregon Supreme Court held that the landlord’s failure to provide a sewage disposal system violated his habitability duty under ORS 90.320, but that breach did not excuse the tenant’s duty under ORS 90.325 to keep the premises sanitary, allowing the landlord to evict. The court also reversed the trial court on the tenant’s first habitability counterclaim, allowing damages, while affirming the denial of the second counterclaim, and remanded for further proceedings.