Q: Can a landlord in Oregon raise rents within the first year of occupancy in a month to month rental agreement?
I moved into my apartment August 2016 and signed a month to month rental agreement.i received 90 day notice for rent increase effective July 2017.
A: No, a landlord may not increase rent during the first 12 months of a month to month tenancy and only thereafter with at least 90 days advanced written notice. You of course can maximize your benefit from his error by simply staying silent until after the raise is supposed to go into effect. He will then have to issue a new 90 day notice or, if he pushes it, you should be able to prevail in court while collecting your court costs and attorney's fees. Of course you may also get a no cause termination of tenancy notice if he is angered by your reliance upon your rights. Yes, retaliatory evictions are not lawful either but they are extremely difficult to win and even if you did, your landlord is likely to make life miserable for you as long as you stay there. So while yes, you can avoid the rent increase but depending upon how much it is, do consider if it is worth the fight. Good luck.
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