Q: Went m2m after 10 years w a lease because buying first home. Landlord wants a 6 month lease In winter or 200 increase
Lived with a lease in rental 10 years. Finally going to be able to buy property so I wanted to go month to month so I can move out when ready. Was told that would b fine but after october I'd need to sign a 6 month lease to keep rent the same amount or I would have to pay an additional 200 dollars a month to stay month to month. That doesn't sound legal but I dont know. Rent is 1475 currently
If you are asking if a landlord can increase your rent, the answer is yes once every 12 months. Some landlords will have month to month rates higher than fixed term lease amounts. This is normal.
However, if you are asking if the amount of the increase is improper, it is important to know determine if the increase rate of rent will exceed the limit that is set pursuant to Oregon law, seven percent plus the consumer price index above the existing rent. Current allowable rent increase percentage for the 2022 calendar year is 9.9%. Additionally, your landlord is required to give you written notice at least 90 days prior to the effective date of the rent increase. If you landlord has violated oregon law by improperly increasing your rent, you could be entitled to money damages in an amount equal to three months’ rent plus actual damages suffered by the tenant.
If you have no spoken with a landlord tenant attorney about your rental increase you should do so.
Gregory Abbott agrees with this answer
A: Unless your landlord is exempt from the rent control cap (currently 9.9% maximum raise in any 12 month rolling period) - is the dwelling less than 15 years old? - the 9.9% is the largest rent raise allowed. IF he tried to raise it more, you likely are entitled to recover 3 months rent plus and actual damages, plus your court costs and attorney's fees. If you can document this, it is the sort of case a landlord-tenant attorney might well take on contingency meaning you would not owe them anything for their fees beyond an initial evaluation interview. Rather they would rely upon collecting their fees from the landlord upon either prevailing in court or settling the case. If, somehow, you lost, then your attorney simply goes unpaid. Either way though, you would likely be responsible for paying the out of pocket costs, such as court filing fees. If you win, you would get a Judgment against the landlord for reimbursement of those fees as well. Consider reviewing it all with a landlord-tenant attorney - it could mean 3 months rent in your pocket. 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.