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Overview
Oregon does not have specific mold legislation. However, mold issues in rental properties are addressed through the Oregon Residential Landlord and Tenant Act (ORS Chapter 90), which establishes a strong implied warranty of habitability. Under ORS 90.320, landlords must maintain rental units in a habitable condition, including keeping buildings and grounds safe, sanitary, and free from conditions that promote mold growth. While Oregon does not require landlords to disclose the presence of mold before renting a property, landlords must address mold that results from structural defects, leaks, or inadequate ventilation. Portland has additional local regulations under Title 29 that specifically address mold and interior dampness. [Oregon Revised Statutes 90.320]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Housing
All Oregon tenants have the right to a rental unit that meets the habitability standards established by ORS 90.320. This includes effective waterproofing, weather protection, working plumbing, adequate heating, and premises that are safe, clean, and sanitary. When mold results from a landlord's failure to maintain these conditions, tenants have the right to demand remediation.
Right to Request Repairs
Tenants have the right to notify landlords of mold problems and request repairs. Oregon law provides specific remedies for tenants, but they require written notice to the landlord. The most important protection is putting all repair requests in writing and keeping copies. This creates documentation and establishes when the timeline for repairs begins.
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must maintain rental properties in a habitable condition at all times during the tenancy. This includes providing effective waterproofing and weather protection of roof and exterior walls, maintaining plumbing in good working order, ensuring adequate heating, and keeping buildings and grounds safe, clean, and sanitary. These requirements address the underlying causes of mold growth.
Provide Effective Weatherproofing
Landlords must ensure effective waterproofing and weather protection of the roof and exterior walls, including windows and doors. Water intrusion from leaking roofs, windows, or walls is a primary cause of mold growth, making this requirement directly relevant to mold prevention.
Remedies Available to Tenants
Rent Withholding
Available: Under ORS 90.365, if a landlord fails to supply an essential service (such as water, heat, or effective weatherproofing), tenants may pursue several remedies after giving written notice and allowing reasonable time to cure. Tenants may: (1) procure the essential service and deduct the cost from rent; (2) recover damages based on diminished rental value; or (3) if the failure makes the unit unsafe or unfit to occupy, procure substitute housing and be excused from paying rent during the landlord's noncompliance. For imminent threats to health or safety, tenants may terminate with 48 hours notice. However, rent withholding is risky and should be done with legal guidance.
Repair and Deduct
Available: Oregon provides a repair-and-deduct remedy under ORS 90.368 for minor habitability defects, but this remedy explicitly EXCLUDES mold. The statute defines a "minor habitability defect" as one costing not more than $300 to repair, such as leaky plumbing or faulty light switches, but specifically states it "does not mean the presence of mold, radon, asbestos or lead-based paint." For mold issues, tenants may use the broader remedies under ORS 90.365, which allows tenants to procure essential services and deduct the cost when landlords fail to supply them after written notice.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Oregon
Understanding Oregon's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Oregon's Varied Climate Zones
Oregon has diverse climates—western Oregon has a marine climate with cool, wet winters and dry summers (Portland averages 43 inches of rain annually), while eastern Oregon is semi-arid. The Willamette Valley experiences persistent winter rain and fog, keeping humidity elevated for months. Coastal areas receive 60-80 inches of rainfall annually. This regional variation means mold risk varies significantly across the state.
Pacific Northwest Moisture Challenges
Western Oregon faces significant mold challenges due to its wet climate. Portland's wet season (October-May) creates prolonged moisture exposure. Studies indicate that Pacific Northwest homes have elevated rates of moisture problems compared to national averages. Older Portland homes with poor drainage, original single-pane windows, and unfinished basements are particularly susceptible.
Portland Housing Code
Portland has additional local regulations under Title 29 that specifically address mold and interior dampness in rental housing. The Portland Housing Bureau enforces minimum habitability standards that include addressing moisture problems and mold growth, providing stronger protections than state law alone.
Rainy Season Duration
Western Oregon's rainy season lasts 7-8 months (October through May), creating extended periods of elevated humidity and moisture exposure. Unlike areas with brief intense storms, Oregon's persistent light rain and overcast conditions keep buildings and grounds continuously damp, promoting chronic moisture intrusion and mold growth.
Common Mold Types in Oregon
Western Oregon's rainy season spans 7-8 months (October-May), creating extended periods of elevated humidity. The Willamette Valley's persistent winter rain and fog keeps buildings constantly damp. Coastal areas receive 60-80 inches annually. Older Portland homes with poor drainage, original single-pane windows, and unfinished basements are particularly susceptible.
Cladosporium
Dominant mold in Oregon's wet climate; found extensively during the 7-8 month rainy season.
Penicillium
Common in water-damaged Oregon homes; spreads quickly in persistently damp conditions.
Aspergillus
Found in older Portland homes with moisture problems; can cause serious respiratory infections.
Stachybotrys chartarum
Black mold associated with chronic water damage; common in buildings with ongoing leaks.
Chaetomium
Often found on water-damaged drywall and paper; indicator of serious moisture intrusion.
Mold Professional Requirements in Oregon
Implied Warranty of Habitability
Oregon law establishes a statutory warranty of habitability under ORS 90.320. A dwelling is considered uninhabitable if it substantially lacks: effective waterproofing and weather protection of roof and exterior walls; plumbing facilities in good working order; adequate water supply capable of producing hot and cold water; adequate heating facilities; electrical lighting with wiring in good working order; buildings and grounds that are safe, clean, sanitary, and free from debris, filth, rubbish, garbage, rodents, and vermin; and safety from fire hazards including working smoke alarms. While mold is not explicitly mentioned, these habitability requirements address the underlying conditions that cause mold growth, and severe mold can render a unit unsafe or unsanitary. [Oregon Revised Statutes 90.320]
Mold Disclosure Requirements
Notable Mold Court Cases in Oregon
These cases have shaped mold litigation and tenant rights in Oregon. Understanding legal precedents can help inform your own situation.
Portland Title 29 Enforcement Actions (2020)
Summary: Portland has actively enforced its Title 29 Property Maintenance Code requirements for mold remediation, requiring property owners to use Certified Mold Remediation Contractors for major violations.
Outcome: Established precedent for local enforcement of mold-specific housing codes in Oregon.
Significance: Demonstrates that while Oregon lacks state-level mold laws, local jurisdictions can enforce stricter standards.
Local Regulations
Some cities in Oregon have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Oregon mold law details.
Portland, OR
Local mold risks, prevention priorities, and next steps for Portland.
Eugene, OR
Local mold risks, prevention priorities, and next steps for Eugene.
Salem, OR
Local mold risks, prevention priorities, and next steps for Salem.
Gresham, OR
Local mold risks, prevention priorities, and next steps for Gresham.
Bend, OR
Local mold risks, prevention priorities, and next steps for Bend.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Oregon.
Oregon Housing and Community Services Weatherization
Provides energy efficiency improvements including ventilation upgrades that help prevent mold growth in low-income households.
Eligibility: Households at or below 200% of federal poverty level
Coverage: Insulation, air sealing, ventilation improvements
Phone: 503-986-2000Learn More →
Portland Housing Bureau Rental Rehabilitation Program
Provides financial assistance to property owners for housing rehabilitation, including addressing moisture and mold issues in rental properties.
Eligibility: Income-eligible tenants and property owners in Portland
Coverage: Rehabilitation of rental housing including moisture control
Phone: 503-823-2375Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income rural homeowners for repairs including addressing moisture and mold issues.
Eligibility: Very low-income homeowners in rural areas
Coverage: Loans up to $40,000 for repairs; grants up to $10,000 for elderly homeowners
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Oregon have specific mold laws?
No. Oregon does not have specific mold legislation. However, mold issues are addressed through the Oregon Residential Landlord and Tenant Act (ORS Chapter 90), which establishes habitability requirements. Landlords must maintain rental units in a habitable condition, including keeping buildings safe, sanitary, and free from conditions that promote mold growth. Portland has additional local regulations that specifically address mold under Title 29.
Is my landlord required to disclose mold in Oregon?
Oregon does not have a specific mold disclosure requirement for landlords. However, landlords should disclose known conditions that affect health or safety. Property sellers in Oregon are required to disclose mold when selling a property. Some local jurisdictions may have additional disclosure requirements.
How long does my Oregon landlord have to fix a mold problem?
Oregon law requires landlords to address habitability issues within a reasonable time. Under ORS 90.360, if you provide written notice, landlords generally have 7 days for essential service failures and 30 days for other habitability issues. If the mold poses an imminent threat to health and safety, faster action may be required under ORS 90.365.
Official Resources
These official resources can help you understand your rights and take action: