Rent Increase Notice Requirements in Oregon
At a glance
| Governing law | ORS 90.323 (timing, frequency, exemptions, content, damages) + ORS 90.324 (annual maximum formula) |
|---|---|
| Advance notice required | Week-to-week: ≥7 days; other tenancies: no increase in year 1, then ≥90 days before effective date (ORS 90.323(1)-(2)) |
| Statewide limit on the increase | Covered dwellings: lower of 10% or 7% + West-region CPI calculated under ORS 90.324(1), per 12 months |
| Homes and landlords exempt from the cap | Cap does not apply if first occupancy certificate was <15 years before notice, or qualifying regulated/certified affordable housing conditions apply (ORS 90.323(5)) |
| How often rent may increase | Non-weekly tenancy: no increase in first year; after that, no more than once per 12 months (ORS 90.323(2)(a), (c)) |
| Notice form, content, and service | Written; state increase amount, new rent, effective date, and facts supporting a claimed cap exemption (ORS 90.323(1), (3)) |
| Increase during a fixed lease | No separate unilateral mid-term authority stated; ORS 90.323 applies its limits during any non-weekly tenancy |
| Tenant's remedies | Cap or first-year rerental violation: 3 months' rent plus actual damages (ORS 90.323(6)); no special amount stated there for notice/frequency alone |
Requirements one by one
Notice period and frequency
For a week-to-week tenancy, ORS § 90.323(1) requires written notice at least seven days before the increase takes effect. For every other tenancy, subsection (2) bars an increase during the first year. After that first year, the landlord must give at least 90 days' written notice and may increase rent no more than once in any 12-month period.
For example, a landlord cannot cure a second increase in the same 12 months by giving another 90-day notice. The notice clock and the once-per-year rule are separate requirements.
Statewide cap
ORS § 90.323(2)(d) ties a covered dwelling's maximum increase to the annual calculation in § 90.324. For an ordinary tenancy governed by § 90.323, the formula is the lower of 10% or 7% plus CPI. The statute defines CPI as the September annual 12-month average change in the Consumer Price Index for All Urban Consumers, West Region, All Items, as most recently published by the federal Bureau of Labor Statistics.
The Department of Administrative Services calculates and publishes the allowed percentage for the following calendar year by September 30. The formula remains the stable rule even though the resulting percentage can change annually.
Exempt dwellings
Under ORS § 90.323(5), the percentage cap does not apply when the dwelling's first certificate of occupancy was issued less than 15 years before the date of the increase notice. It also does not apply to regulated or certified affordable housing when the change does not increase the tenant's portion, or when program eligibility requirements or a change in the tenant's income require it.
These are exemptions from the percentage limit and the linked first-year rerental restriction in subsection (4). They do not erase the notice content requirement: a notice claiming the exemption must state the supporting facts.
Notice content and damages
ORS § 90.323(3) requires the notice to state the increase amount, the new rent, the effective date, and—when the landlord claims the cap exemption—the facts supporting that exemption.
If a landlord violates the percentage cap or the first-year rerental restriction in subsection (4), § 90.323(6) makes the landlord liable for three months' rent plus the tenant's actual damages. That subsection does not assign the same special damages amount to a notice-period or frequency violation by itself.
What trips people up
The first-year rule is not simply another notice period. For a non-weekly tenancy, no amount of advance notice makes an ordinary first-year increase permissible under § 90.323(2)(a).
The 15-year exemption is measured from the first certificate of occupancy to the date of the increase notice. It is not a permanent exemption attached to a building merely because the building was once new.
Section 90.323(7) excludes tenancies governed by ORS 90.505 to 90.850, which cover manufactured-dwelling and floating-home facilities. Those tenancies have separate rules and are outside this survey's ordinary-residential scope.
Common questions
Can rent increase during my first year?
Not in an ordinary non-weekly tenancy covered by ORS § 90.323(2). A weekly tenancy instead uses the seven-day written-notice rule in subsection (1).
Is Oregon's cap always 10%?
No. For an ordinary covered dwelling, § 90.324(1)(b) uses the lower of 10% or 7% plus the defined CPI measure. The state publishes the resulting annual percentage.
What must an exemption notice explain?
If the proposed increase exceeds the ordinary cap, § 90.323(3)(c) requires the notice to state facts supporting the claimed subsection (5) exemption. A bare statement that the property is exempt does not supply those statutory facts.
Statutes and sources
- ORS § 90.323. Notice timing, first-year and frequency limits, notice content, exemptions, scope, and damages. Official ORS chapter (accessed July 12, 2026).
- ORS § 90.324. Annual maximum formula, CPI definition, calculation, and publication. Official ORS chapter (accessed July 12, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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