What Happens When Moving from Rent-Controlled to Market Rent in Oregon

Oregon renters may be protected by rent control laws, but certain situations can move your home from a controlled rent to market rate. Understanding your rights and the legal process is essential, especially since Oregon’s rental market has unique rules after the 2019 statewide rent control law. This guide explains what triggers a move from rent-controlled to market rent, what notice your landlord must give, forms involved, and where to get official help.

Rent Control and Rent Stabilization in Oregon: The Basics

Since 2019, Oregon has limited most annual residential rent increases statewide. This is known as "rent stabilization" rather than traditional "rent control." The law caps annual rent increases in most cases, but there are exceptions where your rental unit could shift to a higher, market-based price.

• Oregon's limit is set each year by the Office of Economic Analysis. For 2024, most rent hikes can be up to 10%.
• Some buildings are exempt from these controls—such as new construction (less than 15 years old) or government-subsidized housing.
• When a unit changes status (for example, it's rebuilt or a long-term tenant moves out), it might lose rent stabilization protections and move to a market rent.

When Can Your Rent Move to Market Rate?

A rental unit typically changes from rent-controlled (subject to the state cap) to market rent if:

• The building is less than 15 years old (new construction exemption)
• You live in certain government-subsidized housing
• Your landlord substantially remodels the unit and issues proper notice
• You voluntarily move out or are legally evicted for a qualifying reason (not for nonpayment alone)

Before your rent increases above the legal cap, your landlord must formally notify you and follow Oregon law.

Required Notice for Rent Increases to Market Rate

Your landlord must provide written notice before increasing your rent—especially for any amount above the regular rent cap due to a change in circumstances. The main rules are:

• 90-day written notice is required for most rent increases.
• Notice must include the new rent amount, the date it takes effect, and an explanation for exemption from the rent cap (with legal citation).

Official Forms You May Encounter

• Notice of Rent Increase (ORS 90.323): Used by your landlord to alert you in writing about a rent increase. This must include reason for exemption if they are raising rent above the state limit.
  Example: Your landlord says your building is now exempt because it is new—review the Notice carefully to make sure the exemption applies. Oregon does not offer an official statewide form but requires all notices to be in writing and to specify the exemption reason. See the Oregon Field Guide for the Landlord-Tenant Act for required elements.
• Notice of Termination (Form OAR 137-055-2230): Used if the landlord ends your tenancy for major renovation or allowed no-cause reasons. This written notice must give you at least 90 days and explain why.
  Example: You get a 90-day Notice of Termination for substantial remodeling. If you have lived there for a year or more, you may be entitled to relocation assistance in some Oregon cities (like Portland).

What If You Think the Rent Increase Is Illegal?

• You can contact the Oregon Residential Landlord and Tenant division with questions (official OHCS Renter Resources).
• File a complaint with your city or county housing office or seek mediation.
• For court actions, residential tenancy disputes are heard at the Oregon Circuit Courts.

Relevant Legislation

• Oregon Residential Landlord and Tenant Act (ORS Chapter 90) governs rent increases, notices, and tenant rights statewide.
• The annual rent cap and exemptions are detailed in ORS 90.323.

Frequently Asked Questions

1. Can my landlord raise my rent to market rate at any time in Oregon?
   Most residential rentals are protected by rent increase limits, unless your unit falls into one of the legal exemptions (like new construction or some remodels). Landlords cannot raise rent at will; they must follow all notice and exemption rules under Oregon law.
2. How much notice must I get for a major rent increase or moving to market rent?
   Your landlord must give you at least 90 days' written notice before any rent increase, especially one that exceeds the state cap due to exemption. The notice must state the new rent, date, and reason.
3. What should I do if I think the exemption doesn't apply or the rent hike is illegal?
   You should ask your landlord for documentation on the exemption. If unresolved, contact the Oregon Housing and Community Services for free advice, or file a complaint with your local housing office.
4. Does rent control apply to all apartments in Oregon?
   No. Newer buildings (less than 15 years old), certain affordable or government-subsidized housing, and some special cases are exempt from rent caps.
5. Where do I go for official help with rental disputes?
   For most legal disputes, you can access the Oregon Circuit Court, but many issues are resolved by contacting Oregon Housing and Community Services or your city/county housing office first.

Key Takeaways for Oregon Renters

• Oregon law limits most rent increases, but certain housing is exempt and may move to market rate with proper notice.
• You are entitled to at least 90 days' written notice—including the exemption reason—before a rent increase above the cap or a major change.
• For disputes or legal advice, contact Oregon Housing and Community Services and review the Oregon Residential Landlord and Tenant Act.

Need Help? Resources for Renters

• Oregon Housing and Community Services (OHCS) – Renter Assistance and Rights
• Oregon Circuit Court – Landlord-Tenant Information
• Portland Rental Services Office (if you live in Portland)
• Review the Oregon Residential Landlord and Tenant Act for official law text

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1. Oregon Residential Landlord and Tenant Act (ORS Chapter 90): View the official law
2. ORS 90.323 – Statewide Rent Cap: Read the rent cap law
3. Oregon Housing and Community Services – Renter Help: Get help for renters in Oregon
4. Oregon Circuit Courts – Landlord-Tenant Dispute Information: Learn how to resolve disputes
5. Field Guide to Oregon Landlord-Tenant Law: Download the guide

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