Can my landlord raise rent in less than 90 days because she is unsatisfied with yard care we agreed to do?

Question

We had a verbal agreement that the tenants would care for the yard in exchange for reduced rent.  The landlord is unsatisfied and sent a text message that she would be increasing rent.  Will she still need to provide written notice (not text message) and will she have to wait 90 days for the increase?

Gregory L Abbott · Answer

You don't provide enough details to answer with certainty but generally, and likely, you are correct that at least 90 days advanced WRITTEN notice, lawfully served, is required to raise rent in a non-week to week tenancy and can only be raised after the first 12 months of the tenancy.  The raise is also subject to a cap, currently approximately 10.3%, over any 12 month rolling period.  There are additional requirements if the rental dwelling is within the Portland city limits.  IF the landlord violates the rules, you may be entitled to recover up to 3 months rent, plus any actual damages, plus your court costs and your attorney's fees and/or other damages if in the City of Portland.  These are the sorts of cases that attorneys may consider taking on a contingency meaning you would not owe them anything for their time beyond an initial evaluation charge.  Rather they would rely upon collecting their fees from the landlord upon either prevailing or settling with them.  Good luck.

Q: Can my landlord raise rent in less than 90 days because she is unsatisfied with yard care we agreed to do?