Legal Question in Landlord & Tenant Law in Oregon

You might be referring the"cap" on rent increases in Oregon. That is Senate bill SB0608. Link:

https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/SB608/Introduced

The legislation just passed February 28, 2019, which is so new that the relevant statute ORS 90.323 isn't even updated yet in the standard tools used by attorneys (i.e., Westlaw, Lexis-Nexus, etc.).

So just briefly, the increase is limited to seven percent plus a consumer price index adjustment. For 2019, that rate is going to be 10.3 percent.

The new law has some exceptions. If the rental unit is newer, defined as getting the certificate of occupancy less than 15 years ago, then the new bill doesn't apply. If the rental unit is part of a federal, state, or local subsidy program, then the bill doesn't apply. But the notice about a rent increase needs to have this specified in the notice.

ORS 90.600 is modified so that the written notice must be given to the tenant at least 90 days in advance of the rent increase.

Your question starts with "can a landlord raise your rent...." The answer is yes, only because it is phrased as an "is it is possible" question. A better question is what happens when a landlord improperly raises rent in violation of ORS 90.600 (i.e., no exceptions, bad notice, etc.). The answer to that is ORS 90.600(5) tells the judge what the remedy is when a tenant comes to court and makes wins a case.

ORS 90.600(5) states that "[a] landlord that increases rent in violation of subsection (2)(b) of this section shall be liable to the tenant in an amount equal to three months’ rent plus actual damages suffered

by the tenant."

Say that your rent was $1,000 / month, and that you are a month-to-month tenant that has been there more than a year and no exceptions apply. If the landlord raises the rent to $1,200, then your actual damages are $200 / month, for so long as you are paying this increase. A judge has the power to award you back you excess $200 per month payments as actual damages, and then give you three months' rent.

You can tell us what rent the legislature is talking about--the rent it should have been, or the rent that it got increased to. The smaller "rent" in our example gives the penalty at $3,000. The larger "rent" in our example gives a penalty at $3,600.

So, you end up with a question you have to ask yourself. Do you just tell the landlord "no" and let the landlord know that the rent increase was improper and why? Or do you let the landlord break the law that the landlord obviously knew about, and then take your landlord to court? Or, do you do something in-between? That's all going to be up to you.

For someone who can afford the increase, the answer to your "can a landlord..." question might best be answered, "be my guest...I'll see you in court."

There are many things in this world where an attorney is needed. The fact that you were able to ask this question probably means that you could run this type of case yourself. But, you might want to seek assistance of a local landlord / tenant attorney in your area.

Best of luck.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.