Oregon Statutes 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.
Terms Used In Oregon Statutes 90.323
- Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
- Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
- Week-to-week tenancy: means a tenancy that has all of the following characteristics:
(a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;
(b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under this chapter; and
(c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS § 90. See Oregon Statutes 90.100
(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 (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 (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 to 90.850. [2016 c.53 § 2; 2019 c.1 § 2; 2021 c.252 § 1; 2023 c.226 § 4]
90.323 was added to and made a part of ORS Chapter 90 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.