Vale, OR asked in Landlord - Tenant for Oregon

Q: Is there a set amount that a landlord can increase the rent by?

We were given a 60 day no cause notice but it states that our last day is only 58 days from receipt. She has also said we could stay if we pay an increase amount (5x) of rent. Our current rent is way under market but the increase is way over. Also if there are multiple adults living in the house does she have to file eviction against each of us, individually? We are unrelated and there is no written agreement. Have lived here for 2 and a half years.

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1 Lawyer Answer

A: Assuming your Notice was served by mail, check the postmark. She is obligated to provide at least 63 days advanced notice if the notice is mailed, with Day 1 being the day after it is mailed. If you did not get the full 63 days, the notice is likely defective and likely to be unenforceable (but review it with a landlord-tenant attorney to be sure before relying upon that). If it is, you may wish to simply stay silent about it until the time expires - that would buy you at least an additional 60 days whereas if you tell her now, she will likely simply fix her error and immediately serve you a new notice.

Depending upon the details, the rent increase is likely to be unenforceable as well since at least 90 days advanced written notice is required to raise rent in Oregon. However, there is no limit to how much or how often a landlord can raise the rent as long as they comply with the required notice provisions.

To the extent that an eviction lawsuit is filed, it should name all the known occupants sought to be removed but most landlords also add "and all others" to the lawsuit - and that covers anyone not specifically named but otherwise occupying the property. All in all, if you have questions, you need to review everything with a landlord-tenant attorney. Best of luck.

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