Q: When increasing the rent by 5% a month how much notice do I have to give a tenant?
The tenant is on a one year lease and will be going onto month to month
A: At least 90 days and, if in the Portland City limits, you must include a description of the tenant's rights and obligations and amount of Relocation Assistance they are entitled to under the Portland city ordinance. Failing to do so can cost you 3 months rent plus tenant's court costs plus their attorney's fees. Do also recall that you cannot raise a tenant's rent during the first 12 months of a month to month tenancy. Thus if it becomes a month to month before the 90 days is up, any rent increase may be unlawful. It is a somewhat open question in my opinion if the giving of the notice "raises rent" and thus would be before a month to month tenancy and the raise would be lawful or if the actual increase in payment due "raises rent" and thus would arguably be unlawful during the first year of a month to month tenancy. See ORS 90.323. So it may be a gamble for you if you do not still have 90 days prior to expiration of the fixed term lease. Good luck.
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