Free Oregon Rent Increase Notice

A Oregon Rent Increase Notice is the written notice a landlord serves on a tenant before raising rent. Under Or. Rev. Stat. § 90.323 (SB 608, 2019, amended SB 611, 2023), Oregon caps annual rent increases: 7% + CPI, max 10%. The general notice rule under Or. Rev. Stat. § 90.323 requires 90 days written notice for rent increases on month-to-month tenancies. The form on this page produces a compliant rent increase notice with the cap calculation sheet attached; the rest of this guide walks through the framework, the exemptions, and the service requirements.

▶ Watch: Oregon Rent Increase Notice explained

What this notice does

A Oregon Rent Increase Notice is the written instrument a landlord uses to change the amount of rent owed under a tenancy. It is the formal notice required by Or. Rev. Stat. § 90.323 – the statute that requires written notice in advance of any rent change in a periodic tenancy (typically month-to-month). Without it, the increase is unenforceable and the tenant continues to owe only the old rent.

The notice is not optional, and the rules are not waivable. A landlord cannot raise rent verbally, by texting the tenant a number, or by leaving a Post-it note on the door. The increase must be in writing, must state the new amount and the effective date, must be served in a manner the law recognizes, and must give the 90-day notice period (with a three-day add-on if served by mail).

The form on this page produces a signed, dated notice suitable for service under Or. Rev. Stat. § 90.323. It captures the property address, the parties, the current rent, the proposed new rent, the effective date, and the appropriate notice language. The compliance package – signed notice plus proof of service – is what wins a defense to unlawful detainer or a tenant petition.

Oregon legal framework

Oregon caps annual rent increases under Or. Rev. Stat. § 90.323 (SB 608, 2019, amended SB 611, 2023). The cap formula is: 7% + CPI, max 10%. The cap is the same regardless of how much notice is given – an over-the-cap increase is unenforceable.

Notice period. Oregon requires 90 days written notice for rent increases on month-to-month tenancies under Or. Rev. Stat. § 90.323. Mail service typically adds three days to the notice period. Personal service is the cleanest method and avoids the mail add-on.

Frequency limit. Most cap-state statutes limit rent increases to one per 12-month period. The 12-month lookback runs from the date of the new increase, not the calendar year. Splitting an increase to dodge the cap or frequency limit is a clear violation.

Vacancy decontrol. The cap typically applies only to existing tenancies. There is no limit on the initial rent charged for a vacant unit. When a tenant vacates and a new tenant moves in, the landlord can reset the rent to market without restriction (subject to local ordinances if applicable).

Anti-retaliation. A landlord cannot use a rent increase to retaliate against a tenant for exercising landlord-tenant rights. Federal and state anti-retaliation framework expose the landlord to actual damages, statutory penalties, and attorney’s fees in many cases.

Federal Fair Housing. Independent of the cap, the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) prohibits rent increase decisions that target tenants based on race, religion, national origin, familial status, disability, or other protected characteristics. Disparate-impact analysis can also reach facially neutral patterns of increases that disproportionately affect a protected class.

Exemptions from the Oregon cap

Or. Rev. Stat. § 90.323 (SB 608, 2019, amended SB 611, 2023) exempts certain property categories from the rent cap. The specific exemptions vary by state and should be verified against the current statute before relying on them. Common exemption categories across cap-state statutes include:

• New construction – properties with a recent certificate of occupancy (typically within the last 15 years; the threshold rolls forward each year)
• Single-family homes and condos – in some states, owned by a natural person and not a corporation; may require a written exemption notice to the tenant
• Deed-restricted affordable housing – units already restricted by deed or regulatory document as affordable
• Owner-occupied small properties – some states exempt duplexes, triplexes, or fourplexes where the owner lives in one unit
• Government-subsidized housing – public housing and certain subsidized programs are typically exempt
• Hotel/motel and short-term rentals – non-residential or short-term tenancies are typically not subject to the cap

Verifying exemption status. Always confirm exemption status against the current text of Or. Rev. Stat. § 90.323 (SB 608, 2019, amended SB 611, 2023) before relying on it. Some exemptions require formal documentation (a written notice to the tenant, a recorded affordability covenant); without the documentation, the exemption may not apply. The single most expensive mistake in cap-state practice is assuming an exemption that does not actually apply.

Oregon cap calculator

Enter your current rent and the applicable CPI to compute the maximum allowable rent under Or. Rev. Stat. § 90.323 (SB 608, 2019, amended SB 611, 2023). The calculator applies the 7% + CPI, max 10% formula and shows you the cap percentage, the maximum allowable new rent, and the date by which the next increase becomes available under any frequency limit.

Rent increase notice form

Complete the form below to generate a compliant rent increase notice. The notice produced is suitable for service under Or. Rev. Stat. § 90.323. Serve at least 90 days before the effective date. Add three days if served by mail.

Service and notice periods

Under Or. Rev. Stat. § 90.323, Oregon requires 90 days written notice for rent increases on month-to-month tenancies. The notice period runs from the date of service. Mail service typically adds three days to the period; a 90-day notice served by mail effectively gives the tenant 93 days.

Methods of service. Personal service is the cleanest — the landlord (or agent) hands the notice directly to the tenant. Mail service is acceptable but adds three days. Post-and-mail (posting on the door plus mailing a copy) is acceptable when personal service has been attempted but failed; it also adds three days. Email and text are not statutory methods of service for a rent increase notice and should not be relied on as the primary method, though they can supplement.

Calculating the effective date. Count the notice days starting the day after service. If the count includes weekends or holidays, the period is still calendar days unless the statute specifies business days. Best practice is to give a few days of cushion beyond the minimum to avoid technical defects.

Documentation. Retain proof of service (signed receipt, certified mail receipt, photographs of posting) for the property file. If a tenant later disputes the increase, the proof of service is what establishes the effective date.

Common mistakes that expose landlords

Verbal increases

A verbal rent increase is unenforceable. The increase must be in writing, dated, and delivered to the tenant in a manner the law recognizes.

Less than 90 days notice

A short notice is unenforceable. Oregon requires 90 days under Or. Rev. Stat. § 90.323; mail service adds three days. Best practice is to give a few extra days of cushion.

Forgetting the mail-service add-on

Mail service typically adds three days to the notice period. A 30-day notice served by mail effectively gives 33 days. Calculating the effective date based on the date of mailing without the add-on results in a defective notice.

Raising rent during a fixed-term lease

A fixed-term lease locks the rent for the term. The landlord cannot raise rent mid-lease without the tenant’s written consent. Any “automatic escalator” clause in the lease that would raise rent without notice is generally unenforceable.

Exceeding the Oregon cap

An over-the-cap increase is unenforceable. The tenant continues to owe only the lawful rent. The landlord exposes themselves to refund of the overage and potential attorney’s fees.

Using the wrong CPI

The CPI used must be the regional or applicable CPI specified by the Oregon statute. Using the wrong index is a documentation error that will lose at a tenant petition.

Retaliatory increases

A rent increase that follows protected tenant conduct (habitability complaints, code-enforcement contacts, tenant union activity) is presumptively retaliatory. Oregon anti-retaliation framework exposes the landlord to actual damages and statutory penalties.

Discriminatory patterns

A rent increase that targets tenants based on protected characteristics (race, religion, national origin, familial status, disability) violates the federal Fair Housing Act and Oregon fair housing law. Disparate-impact patterns are also actionable.

Not retaining the notice

The signed notice and proof of service are the landlord’s primary evidence in any later dispute. Retain both for at least four years.

Tenant rights and remedies

Tenants in Oregon have several rights connected to rent increases. Understanding these helps landlords appreciate the procedural framework and the consequences of departing from it.

Right to written notice

Every Oregon rent increase must be in writing, dated, and delivered in a manner the law recognizes. A verbal increase or a text message announcement does not satisfy the statutory requirement. The tenant continues to owe only the old rent until a compliant notice is served and the notice period runs.

Right to refuse a defective notice

If the notice is short on days, not in writing, or otherwise defective, the tenant can refuse to pay the increased portion. A landlord who serves a notice to pay rent or quit based on rent that includes an unlawful increase will lose the unlawful detainer — the tenant has not actually defaulted because the unlawful portion was never legally owed.

Right to refuse an over-the-cap increase

An over-the-cap increase is unenforceable. The tenant can refuse to pay the unlawful portion and recover any overage already paid. Some jurisdictions support tenant petition processes; some support attorney’s fees recovery in cases of bad-faith violation.

Anti-retaliation protection

Oregon prohibits using rent increases to retaliate against a tenant for exercising landlord-tenant rights. A retaliatory increase, eviction, or service reduction following protected tenant conduct is independently unlawful and exposes the landlord to actual damages and statutory penalties.

Federal Fair Housing protection

The federal Fair Housing Act (42 U.S.C. § 3601 et seq.) prohibits rent increase decisions that target tenants based on race, religion, national origin, familial status, disability, or other protected characteristics. Disparate-impact analysis can also reach facially neutral patterns of increases that disproportionately affect a protected class.

Bottom line for landlords. The cost of compliance is small — get the notice right, give the proper period, document the service. The cost of getting it wrong is a defective increase, lost time on a failed unlawful detainer, and potential statutory damages and attorney’s fees in retaliation or fair-housing claims. The form on this page handles the mechanics.

Oregon statute reference table

Oregon statute citations are to the official code as currently in effect. Local ordinances may layer additional requirements on top of state law and should be consulted independently.

Frequently asked questions

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This form and the accompanying guidance are provided for general informational purposes only and do not constitute legal advice. Oregon landlord-tenant law has technical requirements that change with legislation, regulation, and case law. Always verify current requirements with the Oregon statutes as currently in effect, the applicable local rent board (if any), and a qualified Oregon landlord-tenant attorney before relying on this notice in any contested rent-increase situation. Review Oregon rent increase laws.