BY TEGAN SCHLATTER
This article originally appeared in the December 2015 edition of the HFO Real Estate Newsletter.
As of November 13, 2015, landlords in Portland, Oregon must give residential tenants 90 days’ written notice before raising rent or evicting tenants without cause. If a landlord fails to give 90 days’ notice, the landlord will be liable to the tenant for a range of remedies, including actual damages the tenant suffers, the tenant’s attorneys’ fees and costs, and up to three months’ rent.
Portland’s new rule, Section 30.01.085 of Portland’s Affordable Housing Code, only applies to residential rental agreements governed by ORS Chapter 90, which applies to most residential rental agreements. The new rule does not apply to termination of week-to-week tenancies, or to tenants who live in the same dwelling unit as the landlord. The new rule does not affect notices to terminate a tenancy “for cause.”
Any rent increase totaling 5% or more, over any 12-month period, is subject to the rule. As a result, landlords should plan ahead in order to leave sufficient time to give the required 90 days’ notice, which must include the amount of the increase, the new rent amount, and the date the new rent becomes effective.
Property owners and property managers should read, and begin to implement, this new rule, which became effective November 13, 2015. This article does not address all details of ORS Chapter 90, or the interaction between ORS Chapter 90 and the new code provision. To ensure compliance, it’s best to consult your attorney and read the text of each for full information.