Update: Oregon Gov. Kate Brown signed House Bill 4143 on March 15, 2016. According to terms, the new laws regarding rent increase notifications will go into effect 30 days after it is signed.
A new bill proposal in Oregon will extend the timeline requirements for landlords when issuing notices for rent increases to tenants.
House Bill 4143 passed in the Oregon House of Representatives on February 23, 2016 with wide support in a 48-11 vote. The goal of the bill aims to address the state’s housing affordability issues by increasing tenant protections.
Current Rental Market Trends
The Oregonian reported on Oregon’s housing crisis in October 2015, citing a whopping 14-percent annualized rent growth-rate for 2014 for Portland, the state’s biggest city. Rising rents are in part to due to an increase in demand as the Oregon rental housing vacancy rates dipped to 3.6 percent, lower than any other U.S. state in 2014.
Luke Hammill of The Oregonian notes that, “[these] numbers likely won’t surprise anybody who has paid attention to Portland’s and Oregon’s rental market in past months. Low vacancies are one part of an equation that also includes skyrocketing rents, population growth, sales of apartment complexes, short-term rentals and a boom in new apartment buildings in an effort to release the pent-up demand.” (December 10, 2015)
Current Legislation for Rent Increases
Under current Oregon law, landlords and property managers may introduce a rent increase for month-to-month leases 30-days prior to the effective date. Rent increases are prohibited throughout the duration of longer-term leases (6-month or one year).
Landlords may decide to increase their rental prices in order to match market rates, to pay for property maintenance or improvements, to accommodate tax increases, or simply to increase their profits.
Current Tenant Protections from Rent Increases
As long as a landlord follows proper protocol in regards to the 30-days notice and how to inform tenants of a rent increase in writing, there is little a tenant can do to protect themselves from a rent increase. Rent increases are illegal if they are found to be discriminatory or as an act of retaliation to the tenant.
Proposed Tenant Protections for Oregon
House Bill 4143 would prevent landlords from increasing rent on a month-to-month tenant prior to one year. After one year, a landlord would be required to give a written notice 90-days notice prior to the date of effectiveness. The bill would also require 90-day notices on tenancy terminations, up from the current 30-day requirement.
Benefits of Extended Rent Increase Timeline
This proposed rent increase legislation will primarily benefit tenants who find themselves facing uncertain housing stability as the rental market tightens. Under the current 30-day notice requirement, renters are being priced out or otherwise displaced from their neighborhood, which could lead to higher rates of gentrification.
An extended notice period, like the proposed 90-days, would provide renters with the opportunity to make an informed decision about the affordability of an increased rental payment, or give them adequate time to find and secure a new rental unit if they decide to move. 90-days is a more reasonable timeframe for renters to budget for a higher rental payment or save money to afford to move.
For landlords, the benefits are fewer but this proposal could provide the opportunity to strengthen landlord-tenant relationships across the rental market. By giving your tenants a bigger window to prepare for rent increases, they won’t experience as much shock when they receive that written rent increase notice. Having adequate time to process the change and create a new budget could mean less turnover and longer vacancies for landlords.
Pro Tip: As mentioned above, a landlord will inevitably need to increase his rental rates in order to keep up with market trends and inflation. A great policy is to include regular, small rent increases at the beginning of every new lease term. Consider scheduling this in your management software or on your calendar so you don’t forget. This helps you avoid any backlash or shock from current tenants, while keeping up with market trends. Additionally, you would stay in compliance with this newly proposed legislation.
See the example below and get more tips on How to Raise the Rent on Your Tenants.
From How to Raise the Rent on Your Tenants …
A good practice a landlord may follow, is building regular rent increases into the lease agreements. By raising rent by a small percentage each year, you will be able to consistently follow raising market trends, without burdening your tenants with a huge increase.
Perhaps you feel comfortable with your current rent prices but what about 5 years from now? Say in 5 years, you re-evaluate your asking rent and discover you could easily ask $100 more per month on your property to match market trends.
Imagine the difference on your tenants if you simply raise the monthly rent by $20 every year for five years, instead of them paying the same flat rate for 5 years, only to receive a notice that you are suddenly increasing the rent by $100!?
In that first year, you will be generating only $240 more annually on that unit. But by year two you will collect $480 extra. And by year five, at $100 more a month, your income will grow by $1200 annually from that one property. Given regular occupancy, over 5 years you will have earned an additional $3600* from that one property, and by slowly increasing your asking rent by only $20 a year you limit the negative impact on your tenants.
*(Y1:$240 + Y2:$480 + Y3:$720 + Y4:$960 + Y5:$1200) = $3600
Update: Oregon Gov. Kate Brown signed House Bill 4143 on March 15, 2016. According to terms, the new laws regarding rent increase notifications will go into effect 30 days after it is signed.
HB 4143: SECTION 6. Section 2 of this 2016 Act and the amendments to ORS 90.220 by section 3
of this 2016 Act apply to increases in rent occurring on or after the 30th day after the effective
date of this 2016 Act. For more details you are invited to review House Bill 4143.
your post is very informatic, it is very useful for me thanking you..
I just got a notice saying my rent will go up from 935 dollars to 1280! Is this legal?
Hi Emily,
Yikes, rent increases are never fun but unfortunately a landlord is usually allowed to charge however much rent he would like, and as long as he gives you proper notice and you aren’t living in a rent controlled property, it is typically legal to do so.
However, landlords cannot raise the rent if you are in the middle of a lease. He can only do it before you renew your lease or if you are on a month-to-month lease.
For a rent increase like yours, most states require a landlord give you 60 days notice in writing. Oregon just increased this timeline to 90 days if you have lived in your unit for more than a year.
For your specific situation if you still feel like your landlord is breaking housing laws in your area, I suggest contacting your local Housing Authority (just google Housing Authority for you city and state) or speaking with an attorney familiar with local landlord-tenant laws.
Wishing you the best in your housing situation. Good luck!
What if you haved lived in a complex for 5 years, my rent just increased from $1,198.00 to $1,279.00 with a thirty day notice, that is a 10% increase. i am 70 years old, and receive a social security check of $1800.
I have fallen 3 times during the course of my tenancy, without receiving anything other than, oh thats a shame.
is there any help for out there?
Hi Phyllis,
Are you on a month-to-month lease agreement in Oregon? If so your landlord will need to provide you with a 90-day notice before increasing the rent. If you are on a fixed-term lease that is about to expire, and your landlord is asking you to renew your lease at the higher rate, 30-days notice is most likely legally acceptable.
If your landlord hasn’t raised the rent in 5 years, then a 10% increase is actually on the low end – especially with rental rates skyrocketing all over the country. If the new rent is out of your price range, it might be time to downsize to a more affordable home.
Rent increases are stressful, especially on a fixed income. I would contact your local housing authority for further guidance for your particular case. As far as falls on the property, if it’s due to property damage or other safety reasons, you will absolutely need a lawyers help.
Wishing you the best in your housing experience.
They have increased the rent every year, I know they have given people concessions this year, because as you are aware, people talk. When I made the request I was told no
I live in stayton Oregon John L Scott property management just increased our rent from $1098 to $1690!!!! How is this legal? I live in a duplex!!!!
They just raised our rent$100 in October. We pay water,sewer and garbage!!!!
Hi Cristie, Wow, that is a super high rent increase, especially if they just raised it last October. Did you sign a new lease with them in October? If you did, they should not be able to raise your rent again until a new lease term starts. If you did no sign a new lease, as far as I know, there is no limit to the amount a landlord can raise the rent in a 12-month period. So while a $600+ rent increase is shocking (and honestly kinda mean), it is legal.
I am wondering if the law applied to Salem, Or as well as Portland on 90-day notice? Also- this 4-plex has water sewer garbage paid. Our 1 yr lease of 750.00 is up 7/1/16 Our owner states if we would like to continue on a month to month we will need to pay 23.00 utility fee for increase in his water/sewer and garbage bills. Tenants will also assume the fee of 20.00 if the green yard debris can is left out when it is empty. The lawn maint man is who takes this out and he should be the one responsible. There are 4 apts and 3 cans so who is taking out the cans? The owner lives 3 hours from here. He says the utility fee is not part of the rent so how can you decide how much water, trash and outside lighting 1 tenant will be responsible for. We are currently applying to purchase a home and a 90 day notice would give us more time to finish with loan apps and funding but I am not sure if the new Oregon Law applies to the entire state. Thank you for any help! Donna
Hi Donna,
From my understanding, the rule applies to the entire state of Oregon. So if you have lived in your unit for a year, your landlord would still need to give you a 90 days notice before raising the rent.
Regarding the addition of utility fees to your monthly rent payments. This is actually a fairly normal practice for a lot of landlords. He may have a meter that determines the water use and energy use of each unit. Or more likely, he has averaged the monthly bills from the previous years to determine an average monthly bill and split it 4 ways to find a monthly fee amount for each unit. If it were me, I would be excited to have a fixed amount for a water bill so I could budget my housing expenses more reliably.
Regarding the green yard debris. Your landlord might be getting a bill from the city for any left out cans, so he is could just be passing on the bill to his tenants. Is your maintenance man on site everyday? If so, it would make sense for him to bring the cans back in. Alternatively, if he only shows up once a week, then it makes sense that the tenants should bring them back in. Depending on how friendly you are with your neighbors, you could set up a system so a different person is responsible for bringing in all the cans each week. Or you could just start a trend, for whoever sees the empty cans first should just bring them in to be neighborly. Or you could just label the cans and have one assigned to each unit.
Good luck with the home purchase, that is very exciting! Let me know how it all works out with your current living situation.
Hi Kacee-
He states that because I was in a lease going month- to- month he doesn’t have to give me 90 just because I was I was in a yr lease. That is only if I was month- to month. The unit was water/sewer/garbage paid so if he wants to charge 23 dollars ok I will do that. I am still home searching as he is just too hard to rent from for many reason… letting us go 3 days with sewer in our bathtub so unable to use any water as it filled up the tub more and he said he had 5 days to fix it…We are done for a new home to purchase and will be done with him
Yikes! Sounds like this landlord is definitely not providing a stress free living arrangement and you are on the right track to find a new place to live.
Hi Kaycee, thanks a ton for your post!
My 1-year lease is up in July, and I just received a notice saying that if I wished to remain in the property on a month-to-month lease, then my rent will be increasing by a certain amount.
Are they able to raise the rent on short notice because my lease is over or do they have to give me 90 days notice under the new 4143 laws?
Any advice is appreciated!
Hi Jeremy,
Unfortunately this new law is creating a lot of confusion even among housing professionals about this exact issues. According to the Oregon Rental Housing Authority, they recommend that the 90-days notice applies only after you have entered into a month-to-month tenancy agreement. So in your case, since your lease is about to expire, it looks like your landlord may be in the clear for raising the rent at the end of the lease, even with short notice. However, since the laws are so new and unprecedented, the Oregon Rental Housing Authority also recommends that landlords error on the side of caution and provide 90-days when issuing any sort of rent increase after the first year.
Here’s more info: http://www.oregonrentalhousing.com/news/3914735
If you need more time to make a decision about remaining at your current place, I suggest an open conversation with your landlord. You could point to the new 4143 law and explain that you though would have a 90-day notice to budget for increased rent and see how your landlord interprets the new law. Alternatively, you may find it better to contact the Oregon Rental Housing Authority directly for further guidance.
Good luck with everything. Let me know how it all works out!
Thanks again for your comments!
It looks like I definitely do fall in a grey area per your link:
“What is not so clear is what happens when by its terms, a lease expires and converts to a month-to-month tenancy. After much discussion and attorney consultation, the Oregon Rental Housing Association, recommends that the most conservative and safest interpretation is to count the first year of tenancy as starting on the day the property transitions to a month-to-month tenancy. After that clock begins, you may lawfully serve a 90-day notice of rent increase so long as it will not be effective prior to the end of the first year of the tenancy (from the day it converted to a MTM).”
Based on my research of the actual bill text, I think I should be in the power position in case this goes to court. (Which I may pursue since I’m looking at a ~40% rent increase; too bad they didn’t leave those triple damages provisions in there!)
If I have a fixed term lease, then this applies – “(2) The terms of a fixed term tenancy, including the amount of rent, may not be unilaterally
amended by the landlord or tenant.”
If I have a month-to-month lease, then this applies – “(2) If a tenancy is a month-to-month tenancy, the landlord may not increase the rent:
(a) During the first year after the tenancy begins.
(b) At any time after the first year of the tenancy without giving the tenant written
notice at least 90 days prior to the effective date of the rent increase.”
It’s either one or the other – either way, I’m golden!
Thanks a ton for your input!! I’ll try to remember to post here when it’s resolved!
Good luck Jeremy! I look forward to hearing how it all works out for you.
Hi Kaycee. I’ve read some of your answers here in regards to a mandatory 90-day notice of rent increase from a landlord to tenants for MTM and after a 1-year lease has expired. How about an expiring 2-year lease on a newer single-family house that has been grossly under-rented in a highly desirable area, as compared to other similar homes in the vicinity? I’ve read House Bill 4143, and it does not refer to anything past 1-year leases? My question: Does a landlord still need to give written notice on an expiring 2-year lease, that rent will increase 90-days after the expiration date, and nothing less than 90-days? Thank you very much for your advice!
The month-to-month tenancy begins after the expiration of the fixed term (in your case 2 years) lease. Rent may not be raised during the first year of a month-to-month tenancy. In your case, that means that rent may not be raised until three years after the original move-in date.
I’ve talked to a lawyer since my original post (see above) and this is defensible in court.
Thanks Jeremy. It was smart to get the advice from a lawyer, that is a huge help to the other commentors and to my understanding of the new law.
Brian – Hopefully Jeremy’s response helped shed some light on your situation. Good luck!
I moved into my current apartment at then end of December, 2015, and the apartment was recently sold to a new owner. Our new landlord has given us 90 notice of a rent increase (up from $1200 to $1800 – YIKES), is this legal since we moved in last year? Our rent is month to month, and it’s very stressful looking around and seeing such high prices for mediocre to bad living spaces.
Hi Nick, if you live in Oregon, the new 90-day notice law applies starting in April 2016. Along with the new law, landlords are not allowed to raise the rent during the first year of a month-to-month lease agreement. The problem with your situation is that your lease started before the new law took effect. The way I interpret the new rent increase law, would be that your landlord would not be able to raise the rent until your month-to-month lease reaches 1 year on Dec. 2016. However, he is justified in giving you 90-days now, so that once you hit one year, the rent will go up in Dec. 2016. I am not a lawyer though, so I would highly suggest talking to a landlord-tenant attorney and your local housing authority. Also, if you cannot afford the upcoming rent increase, start saving now, 90-days is a good head to start budgeting and saving for a move or increased housing costs. Good luck! Let me know how it ends up working out.
My Friend in Oregon just got a letter today saying that in 90 days her rent will go from
$1035.00 to $1895.00 a month.
Is that LEGAL to go up that much?
She’s been there 5 years.
Mahalo
Julie in Hawaii
Oh my gosh! That is such a big jump. I am sorry that your friend got that notice and has to deal with that kind of stressful situation. Unfortunately, it is legal to raise the rent by that much as long as proper notice is given. The fact that your friend has lived in the property for 5 years without a rent increase is lucky, the landlord should have been increasing the rent a little bit every year so that by they time he hit 5 years he could match market rate without such a dramatic increase for the renter. I would advise that your friend talk to her landlord and see if he is willing to negotiate at all- remind to her to be nice and reasonable in her discussion with him. Also look at the rentals in the area she is living, she might notice similar pricing and it will make since for her to stay put and start paying the increased rate. Tell your friend all the best with her rental situation. Here are some more tips for your friend: https://www.rentecdirect.com/blog/2016/08/landlord-raises-the-rent/
July 22nd my landlord gave me a 60 day notice to vacate. I have lived here almost 7 years. My friends are telling me there is a new law in oregon that he has to give me 90 days but I dont see this and cant find any info about it anywhere. Any info you have or links to such a law would be greatly appreciated..I live in Medford, Oregon and it is a no cause eviction.
Jennifer
Hi Jennifer,
I’m sorry to hear about your situation, unexpected changing to housing are always stressful to deal with. I am happy to provide you with my interpretation of the law but it is important to understand that I am not a lawyer and cannot provide legal advice – you should definitely speak with an attorney for further guidance.
According to my research, it looks like your friends are right. As published by the Oregonian, House Bill 4143 (signed in March 2016) , which bans rent increases in the first year of a month-to-month tenancy. It also requires 90-day notice for increases after one year.
Here is the link- http://www.oregonlive.com/politics/index.ssf/2016/03/kate_brown_signs_bills_on_affo.html
Good luck! And let us know how everything works out.
Hi Kaycee & Hello all*,
The property was sold and the new owner/landlord took possession yesterday Sept 25. Today Sept 26, 2016 the new owner came around with clipboard in hand and handing out rent increase notices. My rent will be going up 37.3% in 90 days. Since we’re new tenants for this new owner does HB4142 protect us for the stated one (1) year wait for rent increase? Thanks for any and all help. (This increase will force a move).
*Note: posted this note in a different location and hope this isn’t confusing (I know I am). People in charge feel free to remove one or the other but I sure need some help and comments…thank you.
Hi Stephen,
If it is a month-to-month rental agreement, the new owner should be issuing a new rental agreement along with the rent increase. In this case, he would be perfectly in his rights to raise the rent. And the “one year” would start now.
If the new owner is merely keeping you under the current rental agreement (that I assume is also month-to-month) he could still raise the rent if you have lived there over a year. If you have not lived at this property over a year, you might be able to argue that he is not allowed to raise the rent till you hit the one year mark.
The only other way a new owner could not raise the rent is if you are under a fixed-term lease contract (ie one year lease) that has not expired.
If you do choose to fight the rent increase, I strongly advise you speak with an attorney because I can not provide legal advice.
Thank you for the information and advise.
I’ve lived in my duplex for 17 years. They sold the unit and I have a new landlord that raised my rent $360 and given me a 90 day notice. My lease expires at the end of January. Is there a limit on the amount of of increase?
Hi Connie, if you live in Oregon there is no limit to the amount your landlord can raise the rent by. As long as he gives you proper notice, he can raise the rent by however much he chooses. Hope that helps.
Are landlords allowed to increase rent more than once in a 12month period?
Depends on your state, but they usually are allowed to increase rent more than once in a 12 month period, as long as they follow the state’s laws about giving proper notice. In some states, like Oregon, a landlord cannot raise the rent at all during the first year of a month-to-month tenancy. It’s a good idea to check with your local housing authority or a local landlord-tenant lawyer to get specifics about your state.
If Kate wanted to be fair she would requirer the renters to give 90 days notice to move, since she increasing time for for raises.
She will find that beating up on landlords and rent controls will make Oregon a place landlord won’t come and that will make less rentals in the market. We are a nation of free market not a closed controlled market. If she follows Portland crazy city laws again and has landlords pay for relocation on evictions . The rental market will shrink even more which is what’s causing the rental problems to start with . HIGH DEMAND MEANS SHORT SUPPLIES AND HIGHER PRICES . Shrinkng the market more with controls won’t help , Kate.
I’m a landlord. I’m confused a little…for a fixed term lease (one year, in my situation) I only need to give 30 day notice but a month to month agreement 90 days is required?
It depends on the language in your fixed term lease and if it converts to month-to-month or not. If it converts, then you can’t raise the rent until the second anniversary of occupancy; if you give notice 90 days before this date, it can take effect on the second anniversary date. If the lease does not convert to month-to-month, then any occupancy past the expiry of the fixed lease would be considered a holdover tenant and as a landlord you may pursue damages as such. However, a landlord cannot increase rent during a fixed-term tenancy, nor during the first year of a month-to-month tenancy, hence the two-year waiting period. A tenancy is not the same as occupancy. A tenancy is either fixed term, month-to-month, etc.
This new law supersedes a lease in regards to periods of notice and landlords can be liable for damages of up to three times the monthly rent for attempting to enforce an illegal provision – a pretty sweet deal for maligned tenants.
Thanks for the info!
In my case, the tenant stayed past the end of their lease (Jan 1) and I continued to collect rent. On Feb 1 I notified the tenant of a 5% increase starting Mar 1. He claims that I was required to provide 90 day notice.
Is he correct?
No, our lease agreement doesn’t include a clause converting to month to month at the end of the term
As you can see from Jeremy’s explanation this is a tricky situation for year long leases transitioning into a month-to-month after the fixed term is over.
As I understand the new law, if a year long lease is over and you do NOT have a clause stating that the lease will go into a month-to-month afterwards, then you would need to have the tenant sign a new lease starting March 1st. At that time, you can raise the rent however much you want to start a new lease agreement. So technically, the new 90-day law “shouldn’t” apply in this case, because you are not raising the rent mid-term but starting a new lease at a higher rental rate.
However, since there is so much confusion over the new law. We are recommending that everyone follow the 90-day rent increase notice. It will ultimately be up to a judge to decide if you are violating the law. Since Oregon (and Portland esp.) is extremely pro-renter and since there is little precedence, you might find yourself fighting a losing battle.
That being said, the timing of your particular situation makes things extra complicated. If the year-long lease is over Feb. 28, the renter would move into a month-to-month lease starting March 1st. So you would not be able to raise the rent during the first year of a month-to-month lease. If you give a 90-day rent increase notice today, you would reasonably expect the rent to increase mid-May. However, that would qualify as a rent increase during the first year of a month-to-month tenancy. So you are kind of stuck.
I would suggest talking to a landlord-tenant attorney in your city about your situation. Rental laws are getting extremely complicated in Oregon and the only way to protect yourself is to get the law on your side.
Good luck, and let us know how it turns out.
Hi Kaycee
Thanks for your previous help. I have a follow up query:
Once a tenants lease expires and I’ve allowed them to convert to a month-to-month agreement (by virtue of not getting a new lease signed) am I allowed to give 30 day notice to vacate in the first year?
I understand how I’m not allowed to raise rent in the first year in a month to month agreement but am I obligated to continue this month to month “agreement” for a minimum or fixed period of time?
Michael
Hi Michael,
I think you only have to give a 30-day notice for a no-cause eviction for a month-to-month lease under a year. If the tenant has lived at the property for over a year, you have to give a 60-day notice. Unless the property is in Portland, then you have to give a 90-day notice. Since the laws are confusing, I suggest following the 90-day notice window. Another thing to pay attention to, if your rental is in Portland, you might be required to pay for a renter’s moving fees for a no-cause eviction.
Here is more information on Portland’s new no-cause eviction laws https://www.rentecdirect.com/blog/portland-landlords-must-pay-renters-moving-fees/
My rent is being increased to 1020.00 a month for a 12 month rental agreement and if choose to pay month to month it will be 1120.00 per month. I currently pay 835.00 right now. I am wondering if there is anything I can do about this.
Hi, I have been in my apartment for two years. It is being purchased through auction by an individual. He stated that he agrees to honor the current rental agreements, (which are month to month) for 6 months. Then he has indicated that he will require a new agreement in which he plans to raise the rent. Does he have to provide me the 90 days notice since he honored the previous agreement?
Hi Monica,
It sounds like he is giving you a 6-month notice that he will raise the rent when a new agreement is signed.
I have a lease that went into a month to month rental at my business my rent is 1250.00 to now he is asking 1500.00 and only giving me less than 30 days and is reducing my parking over three quarters i have been there for three years does the house bill 4143 protect me also .
Having been a business owner for 38 yrs, now a full time Landlord,one truth I have learned is that no one regardless of their situation likes huge surprises in their monthly expenses. A valid Landlord should be professional enough to know that renters have a fragile threshold financially and to raise rents in large proportions is not only unethical, its not good business. We have always been sensitive to our tenants situation and enjoyed having that tenant Landlord bond of agreement and trust. Its saddens me when government gets into the relationship and forces regulations into place- it puts the tenant and Landlord into more of a Union employee vrs Owner relationship which in turn helps no one and makes the Landlord protective of his investment and when he or she is threatened, they will take the position that anything that costs us time- money or aggravation, will result in a bottom line item which always hurts the tenant. Let Supply and Demand run its course.
Good Afternoon Kaycee,
I am reaching out to you due to I have lived at my place for over 6 years now and the landlord has just raised the rent on us again. We did have it for $1000 than after year it went to $1100 than to $1200 shortly after that and last year it was raised to $1400. he just informed us that it will go up to $1650. We are month to month and have been for 5 years. What is the percentage they can raise it in a year and how is this legal???
Unfortunately, in most states there is no percentage limit to the amount a landlord can raise the rent on a month-to-month tenant. The only thing that changes is the amount of prior notice a landlord must give if he raises the rent above 10% within a years time (this is the case for California). In Oregon, a landlord cannot raise the rent on a month-to-month tenant within the first year of tenancy, but can after the first year if he provides proper notice. If you like where you live, you could ask to sign a year long lease, in which case he can’t change the rental rate during that time. Month-to-month tenants have fewer protections. It stinks that your landlord has raised it so much in the past few years. The same thing is happening to rentals in my town too.
should be illegal renting out house to pay mortgage
For what reason Dan? We don’t have mortgages on our properties but what difference does that make. D you think all business operations own their inventory and buildings outright? Just because one business is more financially secure than another does not have any bearing on the retail price to the consumer.
Hi, We have been renting our current house for just about a year now. Our one year lease is up at the end of August. Just today (Aug 3rd) we get a text from out landlord saying our rent will increase from $1895 to $1975 if we want to renew starting Sep 1st. Doesn’t he have to give us at lease 30 days notice and in written form? (not text)
Text is actually becoming a reliable form of documentation between landlord and tenant these days. A good landlord would provide a more formal rent increase notice letter but technically a text message will serve as proof in court.
Regarding the notice timeline, I agree that your landlord needs to give you adequate notice per your states guidelines in order to raise the rent. However, if your lease is expiring and you have to renew at a higher rental rate, the notice timeline might not apply. I would speak with a landlord-tenant attorney in your area who will be able to advise you on your particular case. Good luck!
My landlord just turned over all their properties to a property management company. I just received a letter from the property management company today Sept 16th, stating that I will have a rent increase of $300 effective Dec. 1st. They also want me to come in before
Oct 1st to sign a new agreement. Since I have lived here for 6 years and am on a month to month can they make me sign a lease other than month to month? Oh and the property management company has not even done a walk through of the property yet. How can I ensure that my last 6+ years of tenancy will be noted to ensure that I will not be charged for normal wear and tear of property when I decide to move?
Since you are on a month-to-month lease, the new property manager can ask that you sign a new term lease with them. They do not have to keep you on as a month-to-month tenant. That is the thing about month-to-month lease agreements, the lease is essentially “up” at the end of each month, and you have the right to move out as a tenant, or the property manager has the right change the rental agreement at the end of the month. If you do not agree to the new terms of the lease agreement, you do not have to sign the lease but by not signing, you will have to move out.
I would ask the property management co. to complete an inspection prior to signing a new lease – that is a good idea. Do you have the paperwork from your original move-in inspection from 6 years ago? That would be essential to proving that any damage was there prior to move-in and they should be able to determine was is considered wear and tear. Here’s an article that explains the difference between wear and tear vs damage. https://www.rentecdirect.com/blog/difference-between-wear-tear-vs-damage/
We are on a month to month and just had our rent raised $300!! Yes we got the 90 days notice but who can just afford an increase like that? Lived here for years! Owner just walked thru house & loved it! Said thank you for taking care of my rental too! Then bam here’s your increase! Where we live you can’t just go and find another rental.
I wasn’t given a full 90 day notice and I feel takin advantage of. Paid the extra 200 a month for a yr. Can I get compensated for this?
So were you given 30 days notice before a rent increase went into effect? If so, sounds like you paid an extra $400 for 2 months, before the 90 days notice would have taken effect(not necessarily for a full year). It is possible you could ask for a $400 rent discount/credit to make up for the time you paid a rent increase when you should not have needed to.
You have to think about whether it is worth it to create a dispute with your landlord. Do you like where you live? Will asking for the $400 back create a hostile relationship between you and your landlord? You can always ask and see what your landlord says.
Kaycee,
Very informative posting and answers to questions. Thank you for that.
I am in the last month of a 6 month lease in a large apartment complex in the Portland Metro area. The landlord sent us a set of renewal options. What is puzzling is that the cost for renewing a 6 month contract is significantly higher than the current contract by $400. However I believe that is higher than what they are asking for someone calling in to start a new contract and I find that very odd. That is a current resident is getting worse pricing on a lease renewal than a new applicant. Is that legal?
Thanks!
I have heard of this type of situation before. I actually lived at a complex where new renters received a significant rent discount compared to tenants signing a renewal, it was pretty frustrating. I believe the way they make it legal is by calling it a discount for new renters and the renewals are signing a new lease at the regular price. As long as they are not giving discounts or higher prices based on a protected class, then I think it is legal.
Our rent went up $48.00 in January and now in October another $58.00. Back in 2016 they installed water meters so we have to pay our own water now, sewer, stormwater , a monthly reading fee, and for 5 years we have to pay off the cost of the meter. So that cause us all a large increase. This is a 55 and older mobile home park. I would say 80% live on fixed social security income. Is there a percentage or how often rent can go up in a mobile home park in Oregon, Lane County?
In Oregon, there is no limit to how much rent can increase as long as proper notice is given. If you don’t want your rent to increase I would suggest signing a longer-term lease to provide yourself with some security. Your landlord cannot increase rent during a fix term lease.
In Oregon, there is no limit to how much rent can increase as long as proper notice is given. If you don’t want your rent to increase I would suggest signing a longer-term lease. Your landlord cannot increase rent during a fix term lease.
You know- I don’t mean to sound like Dennis the downer here- but when I read what many tenants questions are about on what protection rights should be put in place for tenants I get annoyed somewhat for this reason. ( Yes I know there are Many Landlords who do not run their business ethically to help and protect their tenants- as in any business- there will be bad apples)- but the honest truth is this- If tenants don’t like a Property providers rents or rules- they should not
rent from them- better yet let them go buy their own house. The point being- making the government come up with rules to only protect the tenant will do just the opposite in the long run in my opinion.
What about raising the rent for additiional tenants added on a month to month rental?
That would be a unique situation. I can only assume, if the original lease had a section specifically stating that rent would increase if an additional tenant is added to the lease, then it would be fine. You would need to verify with your state laws though.