Challenging an Illegal Rent Increase in Oregon

If you are a renter in Oregon and have received a notice of a rent increase that seems questionable, state law provides strong protections. Understanding what makes a rent increase illegal, your rights as a tenant, and the exact process for disputing an improper raise can help you take confident action if you find yourself in this situation.

When Is a Rent Increase Illegal in Oregon?

Oregon law places firm limits on how and when landlords can raise rent, especially for tenants living in most buildings older than 15 years. Here’s what generally makes a rent increase illegal:

• The increase is above the state’s annual rent cap (set each year by law).
• The notice period is too short (less than 90 days in writing).
• The increase is a form of retaliation or discrimination.
• The property is not exempt from rent control laws.

For 2024, Oregon law restricts most rent increases to no more than 10.0% per year, according to the Oregon Department of Justice. This cap usually applies to buildings at least 15 years old. Always check the current allowable rent increase and review the Oregon rent stabilization law summary.

How to Respond to an Illegal Rent Increase

If you believe your rent has been raised illegally, act quickly yet calmly. The key steps are to verify the legality, communicate in writing, and—if needed—file a formal complaint.

1. Review Your Rent Increase Notice

• Was the notice provided at least 90 days in advance, in writing?
• Does it specify the new rent amount and when it will start?
• Is your rental unit subject to Oregon’s rent control laws?

2. Check the Legal Limits

• For 2024, most allowable increases are capped at 10.0% (check on exemptions for newer buildings or government-assisted housing).
• Review Senate Bill 611 – the current Oregon rent control law.
• Use the state rent cap calculator if available.

3. Communicate with Your Landlord

• Send a written letter or email to your landlord outlining why you believe the rent increase is illegal. Reference the Oregon statutes where possible.
• Keep copies of all communications.

4. File a Complaint or Take Legal Action

If discussion does not resolve the issue, you can take further action. In Oregon, tenant complaints about unlawful rent increases can be addressed through the local county circuit court or by seeking help from state agencies.

• Oregon Residential Landlord and Tenant Act Complaint (No official statewide form): Consult your local county courthouse for eviction or rent dispute forms. For example, the Oregon Judicial Department Landlord-Tenant Forms page lists small claims and complaint forms.
• Notice of Rent Withholding (no form number): If the increase is illegal, you may notify your landlord in writing that you will pay the old rent amount. State your reason and cite ORS Chapter 90 – Oregon Residential Landlord and Tenant Act (particularly ORS 90.323).

Many renters resolve disputes by mediation or with the support of tenant advocacy groups (see resources below).

What Forms and Evidence Do You Need?

• Copies of your lease/rental agreement and all written rent increase notices.
• Documentation of the timeline (date notice received, when the new rent would start).
• Your payment records if you are withholding or contesting increased payments.
• Follow your local Circuit Court’s process for formal complaints. Forms and filing instructions can be found through the Oregon Judicial Department.

The Tribunal That Handles Rent Disputes in Oregon

Oregon does not have a standalone residential tenancy board. Instead, rental disputes—including challenges to illegal rent increases—are heard by the Oregon Circuit Courts. There are Circuit Courts in every county.

FAQ: Oregon Rent Increase Rules

1. How much can a landlord raise rent in Oregon in 2024? Most landlords can raise rent up to 10.0% in a 12-month period, except in certain exempt buildings.
2. What should I do if my landlord tries to raise rent more than the legal limit? Respond in writing, reference the law, and contact your local court or legal aid if it isn’t resolved.
3. Does my landlord have to give 90 days' notice for a rent increase? Yes. State law requires at least 90 days' written notice for any rent increase.
4. Are new buildings exempt from Oregon rent control? Yes, most buildings less than 15 years old are exempt from statewide rent caps. Always verify the age and status of your building.
5. What happens if my landlord refuses to reverse an illegal increase? You may seek remedies in court, including damages and orders to comply.

Need Help? Resources for Renters

• Oregon Judicial Department – Find your county court and landlord-tenant forms.
• Oregon Housing and Community Services (OHCS): Rent Stabilization – Explanations of rent rules and annual caps.
• Oregon Law Center – Free legal help for eligible tenants.
• Oregon State Bar – Tenant Rights – Guidance and lawyer referral.
• Review the Oregon Residential Landlord and Tenant Act (ORS Chapter 90) for full legal details.

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1. Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
2. Oregon Senate Bill 611 (2023)
3. OHCS: 2024 Allowable Rent Increase Summary
4. Oregon Judicial Department: Landlord-Tenant Forms

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