Q: In Portland, can a landlord do a rent increase with less than 90 days notice on a month to month lease?
Previous landlord sold our unit (duplex) and the new landlord let us stay. We signed a lease agreement, month to month, with the new landlord in January. Does this count as a new tenancy under HB 4143?
A:
First, just to be clear, the new owner/landlord did not "let you stay" - at best he did not elect to terminate your tenancy without cause. When he bought the dwelling, he bought it subject to your existing lease agreement, meaning your tenancy went with the sale.
No, ALL rent increase notices now - Statewide - require a minimum of at least 90 days prior written notice and must contain specified information and, if served only by regular first class mail, must have an extra 4 days (including the day of mailing) added to the effective date. Depending upon the percentage increase in rent, and potential exemptions, the landlord may also have to pay relocation assistance money if you elect to not stay and pay the increase. Depending upon when the notice was sent out, they may also be required to provide you written notice of your relocation assistance rights with the notice of rent increase. If you have questions, consider reviewing it all with a local landlord-tenant attorney - and if not too late, save the envelope the notice came in for its postmark date. Lastly, your tenancy dates from when you moved in - a change in ownership or type of tenancy (e.g. fixed term vs. month to month) does not change that. Regardless, if your dwelling is within the Portland City limits, it takes at least 90 days written notice to terminate your tenancy without cause.
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