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  1. #1
    Join Date
    Oct 2009
    Location
    portland, oregon
    Posts
    2

    Question Does a Landlord Have to Tell You if Someone Died in Your Prospective Rental Unit

    My question involves landlord-tenant law in the State of: Oregon

    Hi,
    I just found out that someone had a heroin overdose and died in my apartment 3 months before I began a lease for this property.
    Aren't landlords supposed to tell you? Especially if it's very recent?
    I remember when my mother was purchasing a home the woman who was showing it said that she was legally obligated to tell us that someone died there within the last year and that's why no one seemed to want the house.
    Is this means to break the lease? Just wondering.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,931

    Default Re: Does a Landlord Have to Tell You if Someone Died Recently in Your Prospective Pro

    In Oregon, landlords are not required to tell you if anyone has died on the property. Finding out that someone has is not grounds to break your lease.

    In fact, it's not even required to tell a person who is buying the property that a death occurred, as it has no material effect on the property:

    SECTION 1. ORS 93.275 is amended to read:

    93.275. (1) The following are among incidents that are not material facts to a real property transaction:[, need not be disclosed in a real property transaction and no cause of action arises against an owner of real property, an agent of the owner or any agent of the transferee of real property for failure to disclose:]

    [(a) The occurrence of an occupant's death by homicide or suicide upon the real property or any details of the death; or]

    [(b) That an occupant or owner of the real property has or died from human immunodeficiency virus or acquired immune deficiency syndrome.]

    (a) The fact or suspicion that the real property or a neighboring property was the site of a death by violent crime, by suicide or by any other manner;

    (b) The fact or suspicion that the real property or a neighboring property was the site of a crime, political activity, religious activity or any other act or occurrence that does not adversely affect the physical condition of or title to real property;

    (c) The fact or suspicion that an owner or occupant of the real property has or had human immunodeficiency virus or acquired immune deficiency syndrome; and

    (d) The fact or suspicion that a convicted sex offender registered under ORS 181.595, 181.596 or 181.597 resides in the area.

    [(2) As used in this section, “transferee” includes a purchaser, lessee or renter of real property.]

    [(3)] (2) The Legislative Assembly finds that there is no known risk of the transmission of human immunodeficiency virus or acquired immune deficiency syndrome by casual contact.

    http://www.leg.state.or.us/01orlaws/...r/0701ses.html
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