Since 2019, Oregon has required landlords to give tenants at least 90 days’ written notice before most rent increases. Combined with statewide rent caps, this rule is a cornerstone of tenant protection. Here’s what every landlord and tenant needs to know about the law, exemptions, timing, and common mistakes.
Key takeaways
- Landlords must give at least 90 days’ written notice before any rent increase for most units.
- Statewide annual cap applies (2024: 10% maximum, including all fees and surcharges).
- Failure to comply can result in automatic dismissal of eviction cases and legal liability for tenants’ damages.
- Some units are exempt, such as new construction (<15 years old) and certain government-subsidized housing.
The 90-Day Notice Rule: Basics
- Applies to: All residential rental units in Oregon, unless exempt.
- Notice format: Written notice, delivered in person or by first-class mail (add 3 days if mailed).
- Timing: Notice must be served at least 90 days before the rent increase takes effect.
- Content: Must specify the amount of the new rent, the amount of the increase, and the date it takes effect.
Exemptions from the Rule
- Buildings first occupied within the last 15 years (rolling window, not just built date).
- Federally subsidized housing (Section 8, LIHTC, etc.)—follow federal rules instead.
- Landlords who share kitchen/bath with tenant in same building (e.g., room rentals).
Common Mistakes & Legal Risks
- Giving less than 90 days notice—any shortfall voids the increase.
- Increasing rent by more than the annual cap (2024: 10%).
- Charging non-rent “fees” (e.g., pet rent, utility surcharges) to get around the cap.
- Not using correct delivery method—text or email is not legal notice.
Summary Table: 90-Day Notice Requirements
| Type of Rental | 90-Day Notice? | Annual Cap? |
|---|---|---|
| Standard rental (15+ yrs old) | Yes | Yes (10%) |
| New construction (<15 yrs) | No (exempt) | No |
| Section 8, subsidized | No (federal law) | No (federal) |
| Room rental w/ owner | No (exempt) | No |
What Tenants Can Do
- Ask landlord for documentation of exemption if claimed.
- Request a breakdown of all charges and total rent increase.
- Challenge invalid notices by contacting local housing authority, a tenants’ union, or legal aid.
- If you receive less than 90 days’ notice, continue paying current rent until proper notice is given.
Tip: Landlords: Always use a written template and log your delivery date—this protects you from tenant disputes.
Caution: Attempting to raise rent without proper notice can get an eviction case dismissed and expose you to damages.[1]