Tualatin, OR asked in Landlord - Tenant for Oregon

Q: I have a renewal offer with increase that was not received within 90 days.

The property manager changed the effective date to 12/7 which would cause is to be late on rent as it’s due the 1st. Our lease ends 11/30. Can I tell them to send a new renewal offer without increase as they failed the 90 day law?

The renewal was mailed 87 days and I received 83 days from our 12/1 effective date

Related Topics:
1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I am not sure I follow but it sounds as if you are on a fixed term lease which expires 11/30/20 and now have gotten a renewal offer with a rent raise while only being provided 87 days notice. And you reference the landlord changing the effective date to 12/07/20. It is unclear how the landlord "changed" the effective date and whether that is a lawful change (presumably they could issue an "Amended Notice" with adequate time frames provided. If the above is accurate, the landlord presumably could raise the rent (as long as the raise is otherwise legally compliant) at other than the start of the lease (12/1/20), such as on December 7, 2020 so long as the new lease reflects the two different rental amounts, effective dates, etc. You would owe the original rent amount on a daily pro-rated basis until the new rent kicked in and then owe it going forward (with the balance of December presumably being prorated at the new rent rate). I do note that normally the critical date is when the landlord served it to the tenant, not necessarily when the tenant received it. If served by mail, the landlord must add an additional 4 days (including the day of mailing) to the compliance or effective date (i.e. a 90 day notice becomes a 94 day notice) in order for the notice to be valid. Questions? Problems? Review everything with a local landlord-tenant attorney if you want to know your exact rights in this specific situation. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.