How does the Oregon 90-day rent increase notice work?
Short answer
Under ORS 90.323, a landlord generally must give at least 90 days' written notice before a rent increase takes effect on a periodic tenancy. The notice should clearly state the new rent and the effective date, and it must be delivered by a method allowed under ORS 90.155 - including any added days for mailed or post-and-mail service.
When this comes up
This rule applies any time a landlord plans to change the rent on a month-to-month or other periodic tenancy. The question often comes up when an effective date is already locked in and the landlord is counting backwards to confirm the notice can still be delivered on time.
Oregon rule or source to check
ORS 90.323 sets the 90-day written notice requirement for rent increases on periodic tenancies and also prohibits an increase during the first year of occupancy. ORS 90.155 governs how notices may be served - personal delivery, first-class mail, or attachment plus first-class mail when the rental agreement authorizes it - and adds days when service is by mail.
Practical workflow
- 1. Practical workflow. 1) Choose the effective date and count back at least 90 full days, plus any required mailing days. 2) Draft a written notice that includes the current rent, the new rent, the dollar and percent increase, the effective date, and the property address. 3) Choose an ORS 90.155 delivery method that fits the tenancy. 4) Serve the notice and retain dated proof of service (signed acknowledgment, certificate of mailing, or photo of posting plus the mailing receipt).
- 2. Common mistakes. Counting calendar days incorrectly so that fewer than 90 full days separate service from the effective date; forgetting to add mailing days for first-class mail or post-and-mail service; using text or email as the sole delivery method when the lease does not authorize it; and serving a notice during the first year of occupancy.
- 3. Related forms or workflows. A 90-day written rent increase notice and a service-method log are the core documents. The Oregon Notice and Form Finder can help identify which delivery method fits the situation, and trade-group form sets often include rent increase notice templates that landlords can review and adapt.
Common mistakes
Related forms or workflows
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