Your lease or rental agreement should spell out your landlord’s key rent rules, including:
State laws in Oregon cover several of these rent-related issues, including limits on late fees, the amount of notice a landlord must provide to increase rent under a month-to-month tenancy, and how much time a tenant has to pay rent or move before a landlord can file for eviction.
Rent is legally due on the date specified in your lease or rental agreement (usually the first of the month). If you don’t pay rent when it is due, the landlord may begin charging you a late fee. Under Oregon law, a landlord must wait four days after the rent due date before imposing a late fee, and must disclose the late fee policy in the rental agreement. A flat fee must be “reasonable.” A daily late fee may not be more than 6% of a reasonable flat fee, and cannot add up to more than 5% of the monthly rate.
Oregon does not have a state statute on the amount of notice the landlord must provide tenants in order to increase the rent or change other terms of a month-to-month rental agreement. Unless your rental agreement specifies otherwise, the landlord must typically provide the same amount of notice to change the rent or another term of the tenancy as state law requires the landlord to provide when ending the tenancy—in this case 30 days (60 days for occupancies of more than one year). Keep in mind that if you have a long-term lease, the landlord may not increase the rent until the lease ends and a new tenancy begins—unless the lease itself provides for an increase.
Oregon landlords may not raise the rent in a discriminatory manner—for example, only for members of a certain race. Also, Oregon landlords may not use a rent increase in retaliation against you for exercising a legal right—for example, in response to your legitimate complaint to a local housing agency about a broken heater.
States set specific rules and procedures for ending a tenancy when a tenant has not paid the rent. Oregon landlords have a choice: They may serve a pay or quit notice after rent is eight days late, giving the tenant 72 hours (three days) to pay rent or quit; or, they may serve the notice earlier, after rent is overdue five days (in which case, the tenant has longer—144 hours (six days)—to pay or quit).
For an overview of tenant rights when it comes to paying rent under Oregon landlord-tenant law, see http://www.osbar.org/public/legalinfo/1246_RightsDutiesTenants.htm.
For state rent rules and procedures on issues such as raising rent, see Ore. Rev. Stat. §§ 90.220, 90.260, 91.070, and 90.427.
For Oregon laws on termination for nonpayment of rent, see Ore. Rev. Stat. § 90.394(2).
See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.