ORS 90.323
Maximum rent increase
- exceptions
- notice
(1)
If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase.(2)
During any tenancy other than week-to-week, 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.(c)
More than once in any 12-month period.(d)
Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (Calculation of maximum rent increase) (1).(3)
The notices required under this section must specify:(a)
The amount of the rent increase;(b)
The amount of the new rent;(c)
Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and(d)
The date on which the increase becomes effective.(4)
A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS 90.427 (Termination of tenancy without tenant cause) (3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section.(5)
A landlord is not subject to subsection (2)(d) or (4) of this section if:(a)
The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or(b)
The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent:(A)
Does not increase the tenant’s portion of the rent; or(B)
Is required by program eligibility requirements or by a change in the tenant’s income.(6)
A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months’ rent plus actual damages suffered by the tenant.(7)
This section does not apply to tenancies governed by ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility). [2016 c.53 §2; 2019 c.1 §2; 2021 c.252 §1; 2023 c.226 §4]
Source:
Section 90.323 — Maximum rent increase; exceptions; notice, https://www.oregonlegislature.gov/bills_laws/ors/ors090.html
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