Should my landlord be responsible for the cleaning of the air ducts in my apartmant?

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Should my landlord be responsible for the cleaning of the air ducts in my apartmant?

I recently had my ducts clean because of my cat peed in them. upon that the company said i had build of midew, mold, insects, dust mites,insect feeces and other things not related to the cat urine. They did basic cleaning. they said i should have the ducts sterilized. I feel that my landlord should be the ones to take of that. If i have to pay to have it done that means i’m paying for everyone that used the apartment before me.

Asked on May 18, 2009 under Real Estate Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

According to Section 90.320 of the Oregon Civil Code,  a landlord shall at all times during the tenancy maintain the dwelling unit in a "habitable condition".  This includes maintaining:

Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin; and

Ventilating, air conditioning and other facilities and appliances, including elevators, in good repair if supplied or required to be supplied by the landlord.

     

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I agree with you.  Your landlord owes you a duty of habitability, and that means clean, fresh air to breathe.  Did the duct cleaning company put any of this information in writing?  Did you get an estimate for having it done?  If so, send your landlord a copy of it along with a letter asking him to have the ducts thoroughly cleaned and sterilized if that is what is being recommended. 


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