What Is a Life Estate?

A life estate gives someone (the “life tenant”) the right to use and live in property for the rest of their life. After they pass away, the property automatically transfers to the “remaindermen” (the people named to inherit it).

---

What Are the Duties of a Life Tenant?

Under Oregon law (ORS 108.805), the life tenant must:

• Keep the property in reasonable repair and condition.
• Pay the ordinary expenses of upkeep, such as utilities, property taxes, insurance, and routine maintenance.
• Avoid “waste”—actions or neglect that reduce the value of the property.

The law does not require the life tenant to make major improvements, remodel, or modernize the property. The main duty is to preserve what’s there.

---

What Counts as “Waste”?

Examples of waste include:

• Failing to fix a leaking roof, leading to major water damage.
• Not paying property taxes, resulting in penalties or risk of foreclosure.
• Removing valuable fixtures or timber for personal gain.
• Letting the house fall into disrepair (broken windows, collapsing barn, unsafe structures).

Normal wear and tear from everyday living is not considered waste.

---

What Happens If the Life Tenant Fails to Maintain the Property?

If the life tenant neglects their duties:

• The remaindermen may bring a lawsuit to stop the waste (called an injunction).
• They may also sue for money damages to recover any loss in value.
• In serious cases, the court could even end the life estate early (forfeiture).

---

Why This Matters

The law strikes a balance:

• The life tenant gets to enjoy the property during their life.
• The remaindermen are protected so they inherit property that hasn’t been allowed to deteriorate.

---

In short: A life tenant must act as a good steward of the property—keeping it in livable, reasonable condition until it passes to the remaindermen.