Portland, OR asked in Landlord - Tenant for Oregon

Q: If I discount my tenants' rent for not having a car in the parking lot, could the lack of discount be considered a fee?

If I were to give a discount on monthly base rent to tenants without cars in my parking lot, could the base rent of those with cars in my lot then be considered as containing a fee for parking? Could the discount be considered the deduction of a fee from rent as described in 90.302(3)(a)(E)?

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Why raise the potential issue? It would be cleaner and easier to simply rent to all at the lower price and rent parking places to those that want for an additional rental amount. You would presumably need to patrol or enforce it but issue parking tags or permits and contract with a tow company to patrol and tow non-compliant parked vehicles. Or don't discount the rent and simply provide the parking spot for the tenant's use as part of the rental package and it is up to them whether they use it. Both options seem defensible and cleaner than trying to discount rent, which is fraught with peril. Good luck.

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