Oregon Essential Service Substitute Housing and Rent Excusal Notice
Oregon Essential Service Substitute Housing and Rent Excusal Notice
Before you use this: ORS 90.365(1)(c) permits reasonable substitute housing only when the landlord's intentional or negligent failure to supply a required essential service makes the dwelling unsafe or unfit to occupy. Give written notice specifying the breach and possible substitute-housing remedy, then allow reasonable time and access under the circumstances to restore service. 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]
Service failure and prior written notice
You were required to supply [ESSENTIAL SERVICE] under [RENTAL-AGREEMENT TERM OR LEGAL BASIS]. The service failed on [__/__/____] at [TIME]. The dwelling became unsafe or unfit to occupy because [SPECIFIC FACTS]. The facts showing your intentional or negligent failure to supply the service are [DESCRIBE].
I gave you written notice specifying the breach and that I might seek substitute housing on [__/__/____] by [METHOD] to [NAME OR CONTACT]. The notice was received on [__/__/____], as shown by [EVIDENCE]. I allowed [DESCRIBE TIME] and offered reasonable access at [DATES AND TIMES] under the circumstances. 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. The facts supporting these statements are [DESCRIBE].
Substitute-housing election
I elect substitute housing under ORS 90.365(1)(c) for the period of your noncompliance. The housing is [PROVIDER AND ADDRESS]. Occupancy began on [__/__/____] at [TIME] and ☐ continues ☐ ended on [__/__/____] at [TIME].
The housing is comparable to the dwelling in relevant respects, including [COOKING, REFRIGERATION, LOCATION, AVAILABILITY, AND PRICE FACTS]. If its quality is higher, the comparison cost used below is limited to the cost or value of comparable housing, supported by [EVIDENCE].
Rent and comparable-housing cost accounting
ORS 90.365(1)(c) excuses rent for the landlord's period of noncompliance. It also permits damages for the actual and reasonable cost or fair and reasonable value of comparable substitute housing above the rent for the dwelling for that period. My current calculation is:
| Item | Period and basis | Amount |
|---|---|---|
| Rent otherwise owed during noncompliance | [DATES AND CALCULATION] | $[____] |
| Rent excused for that period | [DATES] | $[____] |
| Actual cost or fair value of substitute housing | [DATES AND SUPPORT] | $[____] |
| Comparable-housing cost or value used for damages | [COMPARABILITY SUPPORT] | $[____] |
| Comparable cost or value above dwelling rent | [CALCULATION, IF POSITIVE] | $[____] |
| Other rent due outside the excused period | [DATES] | $[____] |
I request payment of the presently supported excess housing amount of $[____] by [DATE] using [PAYMENT METHOD], or a written response identifying any disputed item. I will pay rent due outside the excused period as required by the rental agreement. I will update the calculation if the failure or housing period continues.
For this same breach, ORS 90.365(5) limits proceeding under ORS 90.360(1) after proceeding under § 90.365. This notice does not elect repair or termination.
Tenant signature: [________________________________] Date: [__/__/____]
Enclosures and delivery record
☐ Earlier written notice and proof of delivery
☐ Records showing the unsafe or unfit condition
☐ Substitute-housing receipts and comparability evidence
☐ Rent calculation
I delivered this notice 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)(c), (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)(c) (checked November 5, 2026): "If the failure to supply an essential service makes the dwelling unit unsafe or unfit to occupy, procure substitute housing"
ORS 90.365(1)(c) (checked November 5, 2026): "in which case the tenant is excused from paying rent"
ORS 90.365(1)(c) (checked November 5, 2026): "substitute housing is comparable if it is of a quality that is similar to or less than the quality of the dwelling unit"
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