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Questions and Answers - Housing Rights for Domestic Violence, Sexual Assault, and Stalking Survivors
by: Oregon Law Center
Q.

Is help available for tenants who are survivors of domestic violence, sexual assault or stalking?

A.

Yes.  Changes in Oregon housing law provide the following protections if you a re a domestic violence, sexual assault or stalking survivor:

  • You may end your lease early to move quickly
  • You may have your locks changed for your safety
  • It may be discrimination if your landlord treats you differently because you have been a victim or domestic violence, sexual assault or stalking.  (For example, if your landlord doesn't rent to you or evicts you because you have been abused.)
Q.Do I have the right to end my lease early?
A.

If you (or a child living with you) have been the victim of domestic violence, sexual assault or stalking within the past 90 days, you have the right to be released from your lease or rental agreement with a 14-day notice, so you can move quickly.

Q.How can I end my lease with a 14-day notice?
A.

To end your lease with a 14-day notice, if you or a child living with you has been the victim of domestic violence, sexual assault or stalking within the past 90 days:

  • Make a request to your landlor in writing.
  • Provide verifcation of the abuse by giving your landlord one of the following
    • a copy of a court protective order (Restraining or Stalking Order or other court order);

    • a copy of a police report showing that you or a child living with you has been the victim of domestic violence, sexual assault or stalking;

    • a statement from a law enforcement officer stating you have reported an act of domestic violence, sexual assault or stalking. See Sample Form 3

Q.What will my costs be if I end my lease early?
A.

If you end your lease early using a 14-day notice because you or your child has been the victim of domestic violence, sexual assault or stalking within the past 90 days:

  • You will not be charged for ending your lease early (like a lease buy-out fee).

If you are the only person on the lease:

You can end your tenancy and you are responsible for rent only up to the termination date.

If there are other people on the lease:

You will not be responsible for rent or damage occurring past your release date.

Remaining tenants will continue to be responsible for rent.

Q.Can I have my locks changed?
A.

If you are renting and if you (or a child living with you) has been the victim of domestic violence, sexual assault or stalking, you have the right to have your locks changed promptly. 

Your landlord must promptly change your locks or give you permission to change your locks if you:

  • Notify your landlord that you (or a child living with you) are a victim of domestic violence, sexual assault or stalking and that you want your locks changed.

This notice can be verbal, but written notice is always best. See Sample Form 2

You do not need to provide proof that the violence occurred.

Q.What can I do if my landlord refuses or takes too long to change the locks?
A.

If you have notified your landlord that you (or a child living with you) is a victim of domestic violence, sexual assault or stalking and that you want your locks changed, and if the landlord refuses to change the locks or takes a long time:

  • You can change the locks without the landlord’s permission.
  • You must provide a copy of the new key to the landlord. 
Q.Who pays for changing the locks?
A.
  • You are responsible for the cost of changing your locks.
  • The landlord should not insist you pay for the lock change before changing the locks.
Q.What happens if the abuser is on the rental agreement with me and I want to change the locks to keep the abuser out?
A.

If the abuser has signed the rental agreement, along with you, and you want tochange the locks so you can keep the abuser out of the rental unit:

  • You must have a FAPA restraining order that specifically orders the abuser to move out of the unit.
  • The landlord should not allow the abuser into the unit without your permission unless court ordered.

The abuser is jointly responsible for the rent until the date the abuser was excluded from the unit.

Q.Is housing discrimination against abused women against the law?
A.

Sex discrimination in housing is illegal. When a landlord learns that a tenant is a victim of domestic or sexual violence, the landlord sometimes reacts by discriminating against the victim. In some cases this type of action against domestic or sexual violence victims is illegal sex discrimination.

Some examples of landlord actions that might be sex discrimination:

  • Your abusive partner lives with you, and your landlord evicts you or takes away your housing voucher because of the abuser’s actions.
  • Your landlord learns that you are in an abusive relationship, makes comments about women who have been abused and then evicts you, or denies your rental application.
  • Your landlord learns that you are in an abusive relationship or that you have experienced sexual assault, and then treats you differently from male tenants by imposing different rules on you as a condition of renting.
  • A landlord learns from a prior landlord or review of public records that you were in an abusive relationship or filed for a protective order, and then denies your application because of this history.
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Related Resources
Landlord-Tenant Law in Oregon 2007, Booklet Addendum This link opens a PDF file in a new window.  If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page.
By: Oregon Law Center and Legal Aid Services of Oregon
Housing Rights For Domestic Violence, Sexual Assault, and Stalking Survivors This link opens a PDF file in a new window.  If you do not have an accessible Acrobat Reader, a link is provided at the bottom of this page.
By: Oregon Law Center and Legal Aid Services of Oregon
Discrimination by Landlords
By: Legal Aid Services of Oregon
more...
Last Reviewed On: 01/08/07
 

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