Q: Can LL increase rent by 9.5 % w/90 day notice at end of fixed lease w/o triggering relocation per city of Portland?
Last rent increase was 10 months ago going from old fixed term to new fixed term lease.
If current fixed lease automatically defaults to month to month lease, does LL need to sign month to month lease?
A: It depends upon how large the prior rent increase was - a landlord cannot increase rent more than 10% over a rolling 12 month period without incurring the relocation assistance payment obligation in Portland. That said, if the last rent increase was 10 months ago, and they are giving a 90 day notice now, that would suggest that the raise 10 months would not be an issue since it would be 13 months prior to the effective date for the new rent raise. The landlord was, however, obligated to include a notice to the tenant of their rights and obligations regarding relocation assistance, including the amount they are eligible to receive (if any), with the rent raise notice (so long as it was at least a 5% raise). Failure to do so may entitle tenant to recover up to 3 month's rent plus court costs and attorney's fees.
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