Can landlords increase rent during a lease term?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Oregon Tenant Guidance: Rent Increases During a Lease Term
When renting a home or apartment in Oregon, tenants often have questions about if and when landlords can raise rent, especially during an active lease term. Understanding your rights and the applicable laws is crucial to avoid surprises and to ensure that both tenants and landlords have clear expectations. This guidance provides detailed information about rent increase regulations in Oregon, specifically addressing whether landlords can increase rent during a lease term.
Can Landlords Increase Rent During a Lease Term in Oregon?
In Oregon, the answer is generally no, landlords cannot increase rent during the term of a fixed lease agreement. The terms outlined in a signed lease contract, including the rent amount, are binding for the duration of that lease.
Key Points:
- Fixed-Term Leases: If you have a lease with a specific length (for example, 6 months or 1 year), your landlord cannot raise the rent until the lease period ends.
- Rent Increases Allowed Only After Lease Expiration: Rent can only be increased when the lease term ends, and the landlord gives you proper notice before offering a new lease or transitioning your tenancy to a month-to-month lease.
- Notice Requirements: The landlord must provide written notice about any rent increase, and the notice timeline depends on the tenancy type (more details below).
What About Month-to-Month Tenancies?
If you are renting without a fixed-term lease or once a fixed lease expires and you continue renting without signing a new lease, your tenancy is generally considered month-to-month.
Rent Increase Rules for Month-to-Month Tenancies:
- Written Notice: The landlord must provide at least 90 days' written notice before the rent increase takes effect.
- Notice Delivery: The notice must be delivered in writing and specify the new rent amount and the date it will begin.
- Frequency of Increases: Rent can only be increased once during any 12-month period.
Oregon Rent Control Laws
Oregon has statewide rent control laws that limit when and how much landlords can increase rent for many residential properties. These laws, effective since 2019, influence rent increase practices during tenancy renewals or periodic tenancies.
Summary of Rent Control Provisions:
- Rent Increase Cap: For most rental units, rent increases are limited annually to a percentage set by the state (1.25% plus the local Consumer Price Index, CPI).
- Exemptions: Some housing types, such as new constructions less than 15 years old and certain subsidized housing, may be exempt.
- No Rent Increases During Lease Term: The rent control laws reinforce that rent cannot be increased during the fixed lease term but only at renewal or during month-to-month tenancy with proper notice.
What Constitutes Proper Notice?
When a landlord wishes to raise the rent outside of a fixed lease term, Oregon law requires:
- At least 90 days' written notice before the rent increase can take effect.
- The notice must be delivered in a manner that is permitted by state law, such as personal delivery or mail.
- The notice should clearly state the new rental amount and the date when the increase will begin.
Summary: Practical Guidance for Oregon Tenants
| Situation | Can Rent Be Increased? | Notice Required |
|---|---|---|
| During a Fixed-Term Lease | No | N/A |
| At Lease Renewal / New Lease | Yes, within rent control limits | 90 days' written notice before lease ends |
| Month-to-Month Tenancy | Yes, within rent control limits | 90 days' written notice |
What Should Tenants Do if Landlords Attempt to Increase Rent During a Lease?
- Review Your Lease Carefully: Ensure you understand the lease length and rent terms.
- Request Written Confirmation: Ask the landlord for any rent increase requests in writing.
- Know Your Rights: If a landlord attempts to increase rent during your fixed lease term, remind them of Oregon law and your lease agreement.
- Seek Assistance: If you feel your rights are violated, local tenant advocacy organizations, Oregon’s Bureau of Labor and Industries (BOLI), or legal aid services can provide guidance.
Conclusion
In Oregon, landlords are bound by the terms of fixed-term leases and state rent control laws, which protect tenants from unexpected rent increases during an active lease term. Rent increases are only permitted at lease renewal or in month-to-month tenancies with proper 90-day advance written notice. By understanding these rules, tenants can better navigate their rental agreements and maintain stable housing arrangements.
If you are unsure about your specific situation, it is advisable to consult your lease documents and consider legal counsel or tenant resources to safeguard your rights under Oregon rental laws.