Q: In Oregon, what is law for increasing rent?
My sister has been renting a unit in a duplex (owned by our recently deceased mother who lived in the second unit) for $800/month for the last 9 years. FMV is $1,300/month based on date of death appraisal. I would like to increase the rent to help offset the bills of her trust, of which I was co-trustee, and now trustee. Can I raise the rent to $1,300/month, and, if so, how long of advanced notice is there? I don't believe there was any type of rental agreement put in place on this. Thank you.
A:
How is the duplex Titled? In the name of the trust or in Mom's name? Is it within the Portland city limits? Has a probate been filed and if so, who did the court appoint as Personal Representative?
The answers may well affect your goal here. Whether you have the legal authority to raise the rent; do you potentially have to pay "relocation assistance" payments if you do raise the rent; and other such potential issues should be addressed before forging ahead. This said, there is no rent control in Oregon and a landlord is free to raise the rent as much and as frequently as they wish so long as the tenant is on a month to month tenancy and at least 90 days prior written notice is provided. Note that there are legal requirements as to the contents of the notice and how it has to be served. All in all, you may want to review things with a landlord-tenant attorney before proceeding. Good luck.
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