Portland, OR asked in Landlord - Tenant for Oregon

Q: Do I need to provide a move out date to receive relocation assistance?

I got a notice of a 70% rent increase from my landlord. I sent them a letter notifying them of my intent to vacate and requested relocation assistance. They are telling me that I have to provide a move out date prior to receiving the relocation assistance. Is that true? Everything I've read says they have to pay me within 31 days and then I have 6 months to find a place to live. Am I reading the laws wrong?

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2 Lawyer Answers
Mr. Michael O. Stevens
Mr. Michael O. Stevens
Answered
  • Hillsboro, OR
  • Licensed in Oregon

A: I would say you are correct, as technically you can take the money and then stay, you then just have to pay it back later: "If, within 45 calendar days after a Tenant receives an Increase Notice indicating a Rent increase of 10 percent or more within a rolling 12:month period and a Tenant provides written notice to the Landlord of the Tenant's request for Relocation Assistance (the "Tenant's Notice"), then, within 31 calendar days ofreceiving the Tenant's Notice, the Landlord shall pay to the Tenant Relocation Assistance in the amount that follows: $2,900 for a studio or SRO Dwelling Unit, $3,300 for a one-bedroom Dwelling Unit, $4,200 for a two-bedroom Dwelling Unit and $4,500 for a three-bedroom or larger dwelling unit. After the Tenant receives the Relocation Assistance from the Landlord, the Tenant shall have 6 months from the effective date of the Rent increase (the "Relocation Period") to either: (i) pay back the Relocation Assistance and remain in the Dwelling Unit and, subject to the Act, shall be obligated to pay the increased Rent in accordance with the Increase Notice for the duration of the Tenant's occupancy of the Dwelling Unit; or (ii) provide the Landlord with a notice to terminate the Rental Agreement in accordance with the Act (the "Termination Notice")."

https://www.portlandoregon.gov/phb/article/676253

Gregory L Abbott agrees with this answer

Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: No, you have to request the payment of the relocation assistance money from the landlord within 45 days of being served the rent increase notice. The landlord then has 31 days to issue the payment to you. You will have 6 months from the effective date of the rent increase to either pay the relocation assistance money back to the landlord or to provide him with your termination of tenancy notice - and THAT would have to have a termination date specified. You do NOT have to specify such a thing now. IF the landlord fails to comply with this, or fails to provide you with written notice of your rights with the rent increase notice, consider reviewing it all with a local landlord-tenant attorney. If they confirm you have a strong case, you may be entitled to recover up to 3 months rent, plus the relocation assistance payment, plus your court costs, plus your attorney's fees from the landlord. Many attorneys would consider taking a strong case on contingency wherein you would not owe the attorney anything past the initial case evaluation fee for their time. Rather they would rely upon collecting their fees from the landlord upon either prevailing or settling the case. If, somehow, you did not win, your attorney would simply go unpaid.

Good luck.

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