Oregon Essential Service Diminished Rental Value Demand
Oregon Essential Service Diminished Rental Value Demand
Before you use this: ORS 90.365(1)(b) allows damages measured by reduced fair rental value when the landlord intentionally or negligently fails to supply a required essential service. Give written notice specifying the breach and the possible diminished-rent remedy, then allow reasonable time and access for restoration. This form does not cover a tenant-owned manufactured dwelling, recreational vehicle or floating home on rented space.
Date: [__/__/____]
To landlord or authorized agent: [NAME AND ADDRESS]
From tenant: [NAME, PHONE OR EMAIL]
Rental premises: [STREET ADDRESS, UNIT, CITY, OREGON, ZIP]
Required service and earlier notice
You were required to supply [ESSENTIAL SERVICE] under [RENTAL-AGREEMENT TERM OR LEGAL BASIS]. The service failed on [__/__/____] at [TIME]. The facts showing your intentional or negligent failure are [SPECIFIC FACTS].
I gave written notice specifying the breach and that I might seek diminished-rent damages on [__/__/____] by [METHOD] to [NAME OR CONTACT]. It was received on [__/__/____], as shown by [EVIDENCE]. I allowed [REASONABLE TIME] and offered access at [DATES AND TIMES]. Your response was [DETAILS OR NONE]. The service ☐ remains unavailable as of [DATE AND TIME] ☐ was restored on [__/__/____] at [TIME].
The service was not substantially supplied. The failure was not due to conditions beyond your control while you made reasonable good-faith efforts to supply it. The condition was not caused by a deliberate or negligent act or omission of me or a person on the premises with my consent. Supporting facts are [DESCRIBE].
Fair rental value during noncompliance
The loss of service reduced use of the dwelling in these ways: [FACTS]. The comparison below is supported by [COMPARABLE RENTAL DATA, APPRAISAL, PHOTOS, SERVICE RECORDS, OR OTHER EVIDENCE].
| Rental-value item | Period and basis | Amount |
|---|---|---|
| Fair rental value with the service | [DATES AND BASIS] | $[____] |
| Fair rental value during noncompliance | [SAME DATES AND BASIS] | $[____] |
| Diminution for that period | [DIFFERENCE] | $[____] |
I elect damages under ORS 90.365(1)(b) and request payment of the supported diminution of $[____] by [DATE] using [PAYMENT METHOD]. Please identify any disputed item in writing. This demand does not itself withhold rent or elect replacement service, substitute housing, or termination.
For this same breach, ORS 90.365(5) limits proceeding under ORS 90.360(1) after proceeding under § 90.365. I reserve rights otherwise available under applicable law.
Tenant signature: [________________________________] Date: [__/__/____]
Enclosures and delivery record
☐ Earlier written notice and proof of delivery
☐ Service interruption and restoration records
☐ Fair-rental-value evidence
I delivered this demand and its enclosures to [NAME] on [__/__/____] by [METHOD] at [ADDRESS OR DELIVERY DETAILS].
Person making delivery: [________________________________]
Sources and References
About this template
- Last updated
- November 5, 2026
- Citations checked
- November 5, 2026
- Jurisdiction
- Oregon
- Category
- Landlord & Tenant
Legal authority
- ORS 90.365(1)(b), (3), (5)-(6), (8)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on November 5, 2026.
ORS 90.365(1) (checked November 5, 2026): "After allowing the landlord a reasonable time and reasonable access under the circumstances to supply the essential service"
ORS 90.365(1)(b) (checked November 5, 2026): "Recover damages based upon the diminution in the fair rental value of the dwelling unit"
ORS 90.365(3)(a) (checked November 5, 2026): "The landlord substantially supplies the essential service"
ORS 90.365(3)(b) (checked November 5, 2026): "The landlord is making a reasonable and good faith effort to supply the essential service"
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