In a residential lease, the maintenance and repairs necessary to keep the leased premises in a livable (habitable) and safe condition are generally the responsibility of the landlord—unless damages are caused by the negligence or intentional conduct of the tenant or the tenant’s guests. In that case the landlord will likely maintain the right to make the repairs and charge the tenant for the repairs, and not allow the tenant or the tenant’s contractors to make the repairs.
The written lease agreement should address the responsibility for maintenance and repairs and will often prohibit or limit the tenant’s ability to do any maintenance or make any repairs—at least without the written permission of the landlord. One exception may be the tenant’s right to make repairs in an emergency situation to prevent harm to the property or its occupants.
In some limited circumstances a landlord may allow the tenant to maintain and make repairs to the leased premises when the landlord is confident in the tenant's ability to properly maintain the property and make the necessary repairs.
In Oregon, the law generally places the responsibility for maintenance and repairs necessary to keep a residential rental property habitable and safe on the landlord, as per Oregon Revised Statutes (ORS) 90.320. This includes ensuring that the property complies with building and housing codes materially affecting health and safety, and keeping structural components and essential services like plumbing and heating in good repair. If a tenant or their guests cause damage through negligence or intentional conduct, the landlord retains the right to repair the damage and bill the tenant for the costs. Tenants are typically not allowed to make repairs or conduct maintenance without the landlord's written permission, as outlined in the lease agreement. However, tenants may have the right to make emergency repairs to prevent damage to the property or injury to its occupants, and in some cases, a landlord may permit a tenant to perform maintenance and repairs if they are confident in the tenant's abilities. It's important for both landlords and tenants to review their lease agreements for specific terms regarding maintenance and repair responsibilities.