Portland Couple Seeks $200K in Damages Over Neighbor's Tiny Home Odor Issues

A legal dispute in Portland, Oregon centers on an alleged odor problem stemming from a tiny home installation. John Benjamin, 77, and Trudy Benjamin, 67, have taken action against neighbor Karen Ward, filing suit over what they describe as persistent foul smells emanating from the small dwelling in the Parkrose Heights area.

According to court documents, the tiny home appeared on Ward's property last summer. The Benjamins contend that the situation has forced them to make significant adjustments to their daily lives, including wearing gas masks equipped with carbon filters when moving between their vehicle and residence.

The couple details a series of health complications they attribute to the odor. John Benjamin previously experienced a fall related to dizziness and nausea, resulting in a knee injury that required surgical intervention before the family began using protective equipment. Court filings indicate both have endured respiratory issues, nausea, lightheadedness, and headaches. A medical professional reportedly advised them to relocate.

Trudy Benjamin recounted to local media that her husband first noticed the smell while walking near their property. "My husband started walking by and started smelling it and he said 'My God, what's that?' And I said 'Yeah, I've been smelling it for a while,'" she explained.

The Benjamins' attorney, Karl Anuta, theorizes that a tenant occupying the tiny home may have used bleach to address the odor, which when combined with ammonia in urine can produce chloramine gas—a potentially hazardous substance that causes eye, nose, and throat irritation, coughing, wheezing, shortness of breath, nausea, and chest pain.

The tiny home reportedly came equipped with an RV toilet and portable septic tank. Ward acknowledged complaints and indicated plans to install a composting toilet, arrange regular pumping of the chemical toilet, and connect the unit to the city sewer system. In a statement to the press, Ward noted that after a leak or spill incident in late April, both the RV toilet and tank were removed from the unit, with soil remediation planned for any residual contamination.

The city of Portland issued a notice in March citing code violations on the property, giving Ward 30 to 60 days to address the issues before potential fines would be imposed.

The Benjamins are seeking non-economic damages up to $200,000, as determined by a jury, along with removal of the tiny home or prohibition of its use until proper sewer connection is established. They are also requesting that the surrounding area be cleaned.