Q: 12 Month lease ending. Rent increase on renewal. Is 90 day notice required?
My 12 month lease is coming to an end. The increase in rent for the renewal is under 5 percent. Is my complex required to provide 90 days notice when rent is increased on a renewal for a fixed term lease?
A: 90 Day notices to raise rent are required state-wide in Oregon in month to month tenancies. Raises of 5% or more over the previous 12 month rolling period within the city limits of Portland require a 90 day notice. Otherwise it depends upon what your rental agreement says about renewal or roll-over tenancies. IF your fixed term lease automatically turns into a month to month upon expiration of the fixed term, then any increase would perhaps trigger the state-wide 90 day notice requirement, at least after the expiration date. One really needs to review the lease and the increase notice to be able to tell you anything definitive. If it really is a concern for you, consider reviewing it all with a landlord-tenant attorney. Good luck.
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