Seattle, WA asked in Landlord - Tenant for Oregon

Q: Can a landlord legally charge you more in rent, if you have legal dealings against them, and call it a "penalty fee"?

This is regarding lot space rent in a mobile home park.

My landlord sent out a notice of rent increase, exceeding the allowed 7% per annual legal maximum. In the letter, they stated that we could have a $20 "discount" if:

1. paid within 5 days

2. have a current month-to-month signed lease

3. comply with certain unlawful rules

4. you don't have/take any legal dispute against them

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

A: First, the maximum rent increase in 2021 in Oregon is 9.9% - the 7% is the base cap but you have to still add the annual cost of living percentage as determined by the Federal government every year. That said, a landlord in Oregon may only charge fees specifically listed and approved in the statutes. Any other, non-listed fees are not permitted and the tenant may be entitled to damages if a landlord tries and no, calling it a discount will not likely save the landlord. Consider reviewing it all with a local landlord-tenant attorney to learn your specific rights and options. Good luck.

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