Q: Can my landlord rescind a rent increase in order to avoid having to pay renters relocation assistance?
I informed him, in writing, my intent to terminate notice, 2 days after receiving our 2nd rent increase in 10 months, totalling 16%. He then sent me a text, saying the increase had been rescinded. Also, in the 2 years I've lived here, I've always paid rent around the 20th of every month. As per a verbal agreement between him and I, as long as the rent was no more than 30 days late, no late fees/issues would incur. Oddly, after him rescinding the rent increase, I received a "nail and mail" 72hr notice to ratify the "past due" rent. Is this viewed as retaliation, seeing as in 2 years, I've never received a 72hr notice or any sort of notice for being late on rent? Also, after numerous in person attempts(no written notices)to have the leaky roof and other issues fixed, it hasn't been or even attempted to be fixed. is it worth taking to court, in attempt to recoup the entirety of 2 years rent, due to habitability laws? We asked for roof inspection, 7 days after initial move in date. Portlan
A: Yes, I know of no reason a landlord cannot rescind a rent increase notice (though I am unclear why you believe relocation assistance applies if you are in Gresham rather than within the Portland city limits). IF your lease says rent is due on the 1st of the month, your landlord likely is within his rights to consider it late after the 4th and able to serve a 72 hr notice on the 8th or thereafter. Perhaps you have a waiver argument, depending upon the exact language in your lease, but even if you do, the landlord can likely simply provide 30 days notice that timeliness will be enforced in the future. Retaliation is very difficult for a tenant to prove and regardless is not a valid defense to failure to timely pay rent. Habitability issues, such as a leaky roof, may entitle you to a rent reduction (NOT a right to not pay rent at all) but even if so, the most you could recoup is for the 12 months immediately prior to filing a lawsuit seeking to recover it. It might also provide a defense to failure to pay current rent if the landlord is determined to owe you substantial refunds.
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