Given all the rules for rent increases and rent control, can an Oregon landlord increase rent mid-month?
Hi,
I own a rental property in Lake Oswego and my tenants have been in the home for 13 months. Their fixed term lease expired on Oct. 31 (spooky) and we are currently in a month-to-month set-up.
I’d like to increase the rent, and plan to do so by 9.5%. I’ll follow all the rules, including the 94-day notice if mailed.
My question for you is: Can I make the rent increase effective date on the 15th of the month? This would require a prorated rent in February of next year. I want to make sure there aren’t any rules about making the effective date on the first of the month.
I really appreciate any help you can provide.
Best regards,
-Mike
Hello Mike,
Thank you for the question. Truth be told, there’s nothing illegal with making a rent increase effective in the middle of the month, assuming you provide the requisite 90-day notice.
The problem that you can run into is miscalculation. What is the prorated amount? How are you calculating February, since it will be 29 days (as opposed to 30). Are you using a per-diem based upon a 365-day (or 366-day) calendar?
Making a rent increase effective on the first of the month is the one way to avoid this, and have everything “clean.” In short, while you are within your legal right to make a rent increase effective in the middle of the month, it can cause more headaches than it’s worth down the road.
-Brad
Bradley S. Kraus is an attorney at Warren Allen LLP. His primary practice area is landlord/tenant law, but he also assists clients with various litigation matters, probate matters, real estate disputes, and family law matters. You can reach him at kraus@warrenallen.com or at 503-255-8795.
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