Oregon law contains a statute that addresses the need for landlords to provide a bedroom escape route plan in the event of fire or other life-threatening emergency. Per 2015 Oregon Laws Ch. 388 (S.B. 390) Sections 12 and 13, effective January 1, 2016, a landlord must provide at all times during the tenancy a route of exit from a bedroom, other than the main entrance to the bedroom, for use during an emergency. A room is considered a bedroom for purposes of this statute if it is intended to be used primarily for sleeping purposes, contains at least 70 square feet, and is configured so as to take the need for a fire exit into account.
This secondary route of exit must conform to applicable law. If the landlord fails to comply with the requirements of the statute, the tenant may recover actual damages, and has the option to terminate the tenancy by giving the landlord actual notice and a description of the noncompliance 72 hours prior to the date of termination. The landlord has the option to cure the noncompliance with the bedroom escape route and the law is clear on the consequences.
If the landlord cures the noncompliance within the 72–hour period the tenancy does not terminate and the tenant may recover actual damages. If the landlord fails to cure the noncompliance within the 72–hour period the tenancy terminates and the tenant may recover twice their actual damages or twice the periodic rent, whichever is greater. In addition, the landlord must return all security deposits and prepaid rent owed to tenant under O.R.S. § 90.300 within four days after the termination.
