Corvallis, OR asked in Landlord - Tenant for Oregon

Q: My previous landlords sold our house and our new landlords are wanting to raise rent over 300$ and add on fees. Can they

I have lived in my home for 4 years. My new landlords want to raise the rent over 300$, add on "utility" fees, and pet fees. In which I already paid my previous landlords a pet deposit when I moved in. They are saying they never got it from the old landlords. They are also wanting to change our month to month rental agreement to a year. Can they legally force us or kick us out if we don't want to do the year to year after already agreeing to do month to month. They are now threatening if we don't pay them a certain amount that they will add a pet fee which will make it more than they are offering. Can they do that?

Does the 9.2% raise include the fees? Or just the rent?

Thanks.

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

A: 9.2% applies just to the rent. IF you paid a pet deposit (and can prove it if necessary), the new landlord is responsible for it. If he didn't get it from the seller, that is not your problem. Pet rent is legal in Oregon but it and a deposit etc. can all be avoided if you simply get a letter "prescribing" the pet as an emotional support animal from your doctor. Most doctors are happy to provide it just for the asking (who doesn't feel better with a warm, fuzzy, maybe even purring, thing in their laps?). With it, a landlord cannot deny you either the animal (even if they otherwise have a "No Pet" policy) nor can they charge you a penny more for having it - no increased security deposit, no pet rent, etc. If you were starting your tenancy, they could insist upon a fixed term lease. But if you are already on a month to month, they can only terminate it for cause or without cause. For cause would be for failing to do something you are otherwise required to do - and nothing you have posted suggests you have any legal requirement to convert to a fixed term lease. The only other option for them is a no cause termination. While that used to be an option for a landlord for any reason or no reason, just not the wrong reason (race, religion, etc.), these days landlords can only terminate a tenancy without cause if they have a permitted reason - and there are only 4 of them. Refusing to convert to a year to year lease is not one of them. So perhaps if they have a creative attorney they could try to come up with some sort of basis to force you out, I do not immediate see one. They can charge for violating a pet policy but they cannot legally charge a pet fee up front. If they do, you may be entitled to recover the greater of twice your actual damages or $300, plus your court costs and attorney's fees.

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