Oregon Vacancy Decontrol: What Renters Should Know
If you’re renting in Oregon, understanding how vacancy decontrol works is essential. While Oregon has state-wide rent control, vacancy decontrol can impact your rent if you move or your landlord changes tenants. This guide covers what vacancy decontrol means in Oregon, how it affects rent prices, and what protections renters have under current legislation.
What Is Vacancy Decontrol?
Vacancy decontrol refers to the rules that allow landlords to reset the rent to market rates when a rental unit becomes vacant—usually after a tenant moves out voluntarily or is evicted for certain legal reasons. In contrast, rent control or rent stabilization laws typically limit how much rent can increase from year to year while a tenant is living in the unit.
Oregon’s Rent Control Law and Vacancy Decontrol
Since 2019, Oregon has had a statewide rent stabilization law that applies to most rental units. This law limits how much landlords can increase rent each year but allows them to raise the rent as much as they want between tenancies. This is Oregon’s form of vacancy decontrol.
- While Occupied: If you are a current tenant and your unit is covered, annual rent increases are capped (7% plus inflation, set annually by the Department of Administrative Services).
- When Vacant: When the unit becomes vacant, rent may be set at any amount for the new tenant. The cap resets, so the new tenant’s starting rent can be significantly higher.
Oregon’s rent control and vacancy decontrol are covered by the Oregon Residential Landlord and Tenant Act (ORS Chapter 90).[1]
Who Is Affected by Vacancy Decontrol?
Vacancy decontrol impacts:
- Tenants whose leases are ending or who are considering moving out
- Prospective renters who may see higher rents on formerly occupied units
- Anyone living in a unit not exempt from Oregon’s rent stabilization
Exceptions: Are There Units Not Covered?
Most multifamily rentals built more than 15 years ago are subject to rent stabilization, and thus vacancy decontrol applies after turnover. However, the following exemptions mean some units don’t follow these rules:
- Newer construction (built within the last 15 years)
- Government-subsidized units
- Owner-occupied duplexes or ADUs where the owner lives on site
Check the status of your unit before assuming vacancy decontrol will apply.
How Does a Landlord Raise Rent After Move-Out?
After you leave and before the new tenant moves in, the landlord may set any rent amount for the incoming tenant.
If you’re considering moving, be aware that the new rent for your old unit may be substantially higher than what you paid.
Your Rights and Protections
Current Oregon law protects renters from excessive rent hikes during their tenancy but does not limit increases between tenancies. However, landlords must follow notice rules for rent increases to current tenants, and cannot evict you without cause except in limited situations.
- Landlords must provide a written notice at least 90 days before any rent increase
- Unlawful evictions or attempts to force renters out just to raise the rent can be challenged
Official Forms and Processes
-
Notice of Rent Increase—ORS 90.323
Notice of Rent Increase (Sample)- When used: Landlords must give this notice to current tenants at least 90 days before raising rent.
- Example: If your landlord delivers a rent increase letter in July, the new rent cannot take effect until October at the earliest.
-
Termination Without Cause Notice—ORS 90.427
Termination Notice (Sample)- When used: Landlords in certain circumstances may end a tenancy with advance notice. Oregon has strict rules and longer notice periods for "no-cause" terminations, especially after 1 year of tenancy.
- Example: If a landlord wishes to end a tenancy without cause, they must use this official notice form and provide the appropriate advance notice (often 90 days or more).
Where to Get Help: The Official Tribunal
In Oregon, rental disputes are generally handled through local county courts. The Oregon Judicial Department Landlord/Tenant Program provides resources, court forms, and guidance for both renters and landlords.
Frequently Asked Questions
- Does Oregon’s rent control law stop landlords from raising rent on new tenants?
No. Oregon’s rent control law (ORS 90.323) does not limit rent increases between tenants. When a rental unit becomes vacant, the landlord can set any new rent amount for the next tenant. - What notice must my landlord give me before a rent increase?
Your landlord must provide at least 90 days’ written notice before increasing rent. Make sure your notice matches the official Rent Increase Notice. - Are all Oregon rental units subject to vacancy decontrol?
No. Some newly built or government-subsidized units are exempt from state rent control and vacancy decontrol provisions. Most apartment units older than 15 years are covered. - Can my landlord evict me just to raise the rent?
Landlords cannot evict tenants without cause except under specific conditions (such as moving in a family member or renovation). Oregon law provides protection against improper evictions. If you suspect this is happening, seek help from the Oregon Judicial Department or a legal aid service.
Conclusion: Key Takeaways for Oregon Renters
- Oregon rent control limits annual increases only while you are a current tenant.
- When you move out, your landlord can set a new rent at any amount—this is vacancy decontrol.
- Always check your written notice and know your rights regarding rent increases and eviction.
Staying informed about Oregon’s rental laws will help you plan housing decisions and protect your rights.
Need Help? Resources for Renters
- Oregon Department of Housing and Community Services – Renter Resources
- Oregon Judicial Department Landlord/Tenant Forms & Information
- Oregon State Bar – Landlord and Tenant Information
- Contact Oregon Law Help for free or low-cost legal services
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