ORS § 90 § 90.323
Maximum rent increase; exceptions; notice.
Operative Text
(1) If a tenancy is a week-to-week tenancy, the landlord may not increase the rent without giving the tenant written notice at least seven days prior to the effective date of the rent increase. (2) During any tenancy other than week-to-week, the landlord may not increase the rent: (a) During the first year after the tenancy begins. (b) At any time after the first year of the tenancy without giving the tenant written notice at least 90 days prior to the effective date of the rent increase. (c) More than once in any 12-month period. (d) Except as permitted under subsection (5) of this section, by a percentage greater than the maximum calculated under ORS 90.324 (1). (3) The notices required under this section must specify: (a) The amount of the rent increase; (b) The amount of the new rent; (c) Facts supporting the exemption authorized by subsection (5) of this section, if the increase is above the amount allowed in subsection (2)(d) of this section; and (d) The date on which the increase becomes effective. (4) A landlord terminating a tenancy with a 30-day notice without cause as authorized by ORS 90.427 (3) or (4) during the first year of a tenancy may not charge rent for the next tenancy in an amount greater than the maximum amount the landlord could have charged the terminated tenancy under this section. (5) A landlord is not subject to subsection (2)(d) or (4) of this section if: (a) The first certificate of occupancy for the dwelling unit was issued less than 15 years from the date of the notice of the rent increase; or (b) The dwelling unit is regulated or certified as affordable housing by a federal, state or local government and the change in rent: (A) Does not increase the tenant’s portion of the rent; or (B) Is required by program eligibility requirements or by a change in the tenant’s income. (6) A landlord that increases rent in violation of subsection (2)(d) or (4) of this section is liable to the tenant in an amount equal to three months’ rent plus actual damages suffered by the tenant. (7) This section does not apply to tenancies governed by ORS 90.505 to 90.850.
Oregon Revised Statutes § 90.323 sets out the rules governing when and how much a landlord may raise rent. For most tenancies, no rent increase is allowed during the first year, increases are capped at a percentage calculated under ORS 90.324(1), and at least 90 days' written notice is required before any increase takes effect. Week-to-week tenancies follow a shorter seven-day notice requirement. Certain newer buildings (those with a first certificate of occupancy issued less than 15 years before the notice) and qualifying affordable-housing units are exempt from the percentage cap. A landlord who violates the percentage-cap or related provisions is liable to the tenant for three months' rent plus any actual damages.
Plain English — not legal advice.
Under ORS § 90.323, compliant operators of non-week-to-week tenancies generally wait until after the first full year of a tenancy before implementing any rent increase, provide written notice at least 90 days before the effective date, and limit increases to no more than once per 12-month period. Each notice must state the dollar amount of the increase, the new total rent, and the effective date; if the increase exceeds the ORS 90.324(1) cap under an exemption, the notice must also include the supporting facts for that exemption. Operators of buildings whose first certificate of occupancy was issued within the past 15 years, or of qualifying government-regulated affordable units, should confirm whether their property qualifies for the percentage-cap exemption before issuing any notice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
ORS § 90.323 gives tenants in most Oregon rental situations the right to at least 90 days' written notice before a rent increase takes effect, protection from any increase during the first year of a tenancy, and a limit on how large an increase can be under ORS 90.324(1). If a landlord raises rent by more than the permitted percentage without qualifying for an exemption, the statute provides that the tenant may be entitled to three months' rent plus actual damages. Tenants who believe a rent increase violates § 90.323 may consider documenting the notice received, contacting a local tenant-rights organization, or exploring whether the violation can be raised as a defense or claim in a relevant legal proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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