Oregon 90-Day Rent Increase Notice Requirement — Complete Compliance Guide (2026)

Why Oregon's 90-Day Notice Rule Exists (And Why It Matters to You)

In September 2023, Oregon lawmakers strengthened tenant protections by requiring that all rent increases—of any amount—must be preceded by 90 days' written notice. This wasn't a minor procedural change. It was a direct legislative response to rapid displacement caused by short-notice increases in tight rental markets.

Before this rule took effect, Oregon law allowed month-to-month tenants to receive increases with as little as 30 days' notice. Large increases with minimal warning destabilized households and clogged court dockets with eviction cases. The legislature decided that 90 days gave working families time to budget, negotiate, or find new housing without legal chaos.

For you as a self-managing landlord, this means one non-negotiable compliance point: no shortcuts on notice timing. A 89-day notice is insufficient. A verbal promise of an increase doesn't count. An email sent but not read doesn't trigger the clock. Get the notice wrong, and your increase is void—the tenant stays at the old rate, and you have no legal remedy to collect the difference.

The stakes are straightforward: follow the law precisely, or lose the rent increase entirely.

Oregon Statute ORS 90.323(3) — The Exact Requirement

Here is the operative text of Oregon's rent increase notice rule:

"Except as provided in subsection (5) of this section, a landlord shall give a tenant written notice of an increase in rent at least 90 days before the date the increased rent is due."

Breaking this down:

• "Landlord shall give" — This is mandatory, not discretionary. You must comply every time you want to raise rent.
• "Written notice" — Not oral, not implied, not conditional. The statute explicitly requires writing.
• "Of an increase in rent" — Any increase, no matter how small. $5 per month or $500 per month—both require 90 days' notice.
• "At least 90 days before" — The notice period must end no sooner than 90 days from when the tenant receives it. This is a minimum floor, not a suggestion.
• "The date the increased rent is due" — The effective date of the new rent amount. If rent is due on the 1st of the month, your 90-day window must expire on or before that 1st.

Section 90.323(5) mentioned in the statute contains exceptions for properties with federal subsidies or government-supported housing programs. Unless you manage subsidized housing, subsection (3) applies to you.

Step-by-Step Compliance Checklist for Rent Increases

1. Decide Your New Rent Amount and Effective Date

Determine both the dollar amount of the increase and the specific date it takes effect. For most month-to-month tenants, the effective date is the first day of a rental period (usually the 1st of the month). For lease renewals, it's the first day of the new lease term.

Mark this date on your calendar. This is your deadline anchor. Everything else flows backward from here.

2. Calculate Your 90-Day Notice Window

Count backward 90 days from the effective date. That is the latest date you can give notice. For example:

• Effective date: January 1, 2027
• Minus 90 days: October 3, 2026
• So you must deliver the notice on or before October 3, 2026

Use a calendar tool or simple date calculator (Google "date calculator 90 days") to verify. Manual counting leads to mistakes.

3. Draft the Notice in Writing

Your notice must include:

• Property address or unit number
• Tenant's name(s)
• Current monthly rent amount
• New monthly rent amount
• Effective date of the increase
• Date the notice is given
• Your name and contact information

Sample language:

"NOTICE OF RENT INCREASE

TO: [Tenant Name]
Property: [Address, Unit #]
Date: [Date Notice Given]

This is notice that your monthly rent will increase, effective [Effective Date].

Current rent: $[Current Amount]
New rent: $[New Amount]
Monthly increase: $[Difference]

This notice is given pursuant to ORS 90.323(3), which requires at least 90 days' written notice of any rent increase. The new rent is due on [Effective Date] and on the same day each month thereafter.

If you have questions, contact [Your Name] at [Phone/Email]."

Keep this simple and factual. Avoid threats or pressure language. The notice is a legal document, not a negotiation tool.

4. Deliver the Notice Properly

Oregon law does not specify the delivery method for rent increase notices, but ORS 90.163 governs notice delivery generally. The safest methods are:

Delivery Method	Proof of Delivery	Risk Level
Hand delivery (in person)	Tenant signature on copy; photo of signed receipt	Lowest
Certified mail, return receipt requested	USPS return receipt card showing delivery date	Lowest
Regular first-class mail	USPS tracking (not proof of receipt)	Medium
Email (without signature requirement)	Email sent receipt; no proof of read	High
Text message	Sent log; no legal precedent	Very High

Best practice: Use certified mail with return receipt requested, or hand-deliver with a signed acknowledgment. This creates an undisputable record of the delivery date, which is what matters in court.

If a tenant refuses hand delivery, send it via certified mail immediately. Document the refusal with a photo.

5. Keep Proof of Delivery in Your Records

Store the original notice, proof of delivery (USPS receipt card, signed receipt, or email confirmation), and a dated copy in your tenant file. If the tenant later claims they never received notice or disputes the effective date, you have evidence.

Digital storage is sufficient. Use your property management system (like LeaseBase's lease operations module) to store these documents alongside the lease and other tenant records.

Notice Timing: When the Clock Starts and Stops

The "Receipt" Rule

The 90-day period begins on the date the tenant receives the notice, not on the date you send it. This is a critical distinction.

• You mail certified notice on October 1, 2026. The tenant receives it on October 5, 2026. The 90-day clock starts on October 5.
• You hand-deliver notice on October 1. The tenant receives it that day. The clock starts on October 1.

Using certified mail with return receipt lets the USPS date stamp prove the receipt date. With regular mail, the delivery date is assumed to be 3-5 business days after mailing (depending on distance), but you can't prove it. This creates risk.

Counting the 90 Days

Count the receipt date as day 1. For example:

• Notice received: October 5, 2026 (Day 1)
• Add 90 days: January 3, 2027 is the final day of the notice period
• New rent becomes effective: January 4, 2027

Many landlords use an online calculator, which is faster and more reliable. Always round up to be safe. If you're unsure whether you've hit 90 days, add a few extra days.

What Happens If You Miss the Deadline?

If you deliver a notice fewer than 90 days before the effective date, the increase is void. The tenant can refuse the increase, and you have no legal right to collect more rent. The lease continues at the old rate.

Example: You give notice on December 15, 2026, with an effective date of January 15, 2027. That's only 31 days. The tenant can ignore the increase. On January 15, their rent is still the old amount. You cannot evict for non-payment of the "new" rent because the increase was never legally effective.

There is no "do-over" option. You must wait until the next opportunity to give proper notice for a future increase.

What Counts as "Written Notice" Under Oregon Law?

Oregon courts and administrative agencies have not extensively litigated the definition of "written" notice for rent increases, but statutes governing landlord-tenant communications provide guidance.

What Definitely Works

• Printed notice on paper, hand-delivered or mailed
• Certified mail with return receipt
• Email with read receipt (less common, but documented)
• Notice posted at the property entrance if tenant cannot be reached (fallback method per ORS 90.163)

What Is Risky

• Text message: May qualify as written, but provides no proof of receipt or reading. Avoid.
• Verbal notice: Does not satisfy the statute. Never rely on this alone.
• Email without read receipt or confirmation: Proves you sent it, not that the tenant received it. Adds uncertainty.
• Social media message: Unlikely to be considered reliable written notice. Not recommended.

Use certified mail or hand delivery. These are the only methods that provide bulletproof proof of delivery in a dispute.

Portland, Eugene, and Salem: Additional Rent Control Restrictions

While the state-level 90-day notice rule applies everywhere in Oregon, three cities have imposed additional limits on the amount of rent you can increase, regardless of notice.

Portland (City of Portland Ordinance 189426)

• Notice requirement: 90 days (ORS 90.323 applies)
• Increase limit: 5% annual cap for existing tenancies (as of 2024; adjusted yearly for inflation)
• Exemptions: New buildings (first 15 years), no-cause evictions paired with "good cause" definition
• Penalty: Unlawful increase is unenforceable; tenant keeps rent at prior level

Portland's rules also require "just cause" for termination and restrict evictions tied to property renovations or buyouts.

Eugene (City of Eugene Ordinance 20-19)

• Notice requirement: 90 days
• Increase limit: 7% annual cap (indexed to inflation)
• Exemptions: New construction (first 10 years)
• Penalty: Amounts over the cap are unenforceable

Salem (City of Salem Ordinance 74-21)

• Notice requirement: 90 days
• Increase limit: 10% annual cap
• Exemptions: New buildings

If you manage properties in these cities, you must comply with both the state 90-day notice rule AND the local percentage cap. Neither overrides the other. An increase that provides 90 days' notice but exceeds the local cap is still invalid.

Check your city's website for current year caps (these are adjusted annually for inflation).

Rent Increases During a Lease Term vs. Month-to-Month Tenancies

Lease Term (Fixed Lease)

You cannot raise rent during an active lease term unless the lease itself allows it. Most standard leases do not. When the lease expires, you can propose a new rate with 90 days' notice before the renewal date.

If a tenant is on a 12-month lease expiring January 31, 2027, you must give notice of any increase by November 1, 2026.

Month-to-Month Tenancies

For month-to-month tenants, you have greater flexibility in timing because rent is due every month. You can give a rent increase notice for any future month, so long as you provide 90 days' notice before that month begins.

Example: It's September 2026. You want to raise rent effective January 1, 2027. You have until October 2, 2026 (90 days before January 1) to deliver notice. This works.

Common Compliance Mistakes and How to Avoid Them

Mistake #1: Counting Days Incorrectly

Problem: A landlord gives notice on October 1 for an effective date of December 29. They think that's 90 days. (It's actually 89 days.)

Solution: Use a date calculator or calendar app. Don't count manually. Add a 2-3 day buffer to be certain.

Mistake #2: Assuming Email Is Sufficient

Problem: A landlord sends an increase notice via email, assuming the sent receipt proves delivery. The tenant later says they never opened it. In court, the landlord can't prove the tenant actually received it.

Solution: Use certified mail with return receipt or hand-delivery. Email alone is not a best practice.

Mistake #3: Raising Rent on a Tenant Mid-Lease

Problem: A landlord gives 90 days' notice to a tenant still under a fixed lease that doesn't allow mid-term increases. The tenant refuses to pay. The increase is unenforceable because the lease prohibits it.

Solution: Check the lease term before proposing an increase. For mid-lease increases, you need explicit lease language that permits them (rare in residential leases).

Mistake #4: Not Documenting Delivery in Local City Rent Control Jurisdictions

Problem: A Portland landlord gives notice but doesn't keep the certified mail receipt. Later, the tenant disputes whether the notice was actually delivered. Without proof, the landlord loses.

Solution: Keep every piece of proof. Scan it, back it up, file it with the lease. Use your lease operations system to timestamp and store it.

Your Obligations After the Notice Period Expires

What You Must Do

• Update rent records: Change the monthly rent amount in your lease file and rent roll.
• Confirm tenant understands: A brief follow-up email saying "As of [date], your rent is now $[amount]" prevents disputes.
• Update payment instructions: If you use a rent payment system, change the amount immediately. If tenants pay you directly, confirm receipt of the new amount on the effective date.

What You Cannot Do

• Retroactively charge the higher rent for months before the effective date.
• Demand the difference if a tenant pays the old amount on the effective date (unless you've documented proper notice).
• Threaten eviction for refusing the increase if notice was improper.

If a tenant refuses to pay the increased rent after valid notice, you have remedies (small claims, eviction for non-payment), but only if you've followed the statute precisely.

Rent Increases and Retaliation Protections

Oregon's retaliation statute (ORS 90.385) prohibits landlords from retaliating against tenants who exercise legal rights. While a lawful rent increase is not automatically retaliation, timing matters.

If a tenant has recently:

• Requested repairs under the habitability standard
• Complained to a housing authority or health department
• Organized with other tenants
• Exercised other statutory rights

...and you then give a rent increase notice within 6 months, the tenant may argue retaliation. The law presumes retaliation if the adverse action occurs within 6 months of protected activity (ORS 90.385(3)).

This doesn't mean you can't raise rent. It means you should document a business reason (market rates, increased costs, etc.) and be prepared to show that the increase is not tied to the tenant's complaint.

For safety, space rent increases at least 6-12 months away from any tenant complaints or repair requests.

Documenting Your Rent Increase for Long-Term Compliance

Your records should include:

1. Original written notice: The document you gave the tenant.
2. Proof of delivery: Certified mail receipt, signed receipt, or email read receipt.
3. Date delivered: Clearly noted.
4. Effective date: Clearly noted.
5. Previous rent amount: For reference.
6. New rent amount: For reference.
7. Tenant acknowledgment (if available): Email reply confirming they received and understood the notice.

If you use LeaseBase's lease operations platform, you can upload the notice and receipt directly to the tenant's file with automatic date stamping. This creates a time-stamped, auditable record that satisfies IRS requirements and serves as evidence in disputes.

What to Do If a Tenant Disputes the Notice

Scenario: Tenant Claims They Never Received the Notice

If you have certified mail receipt: You have proof. Ask the tenant to provide evidence they didn't receive it (unlikely). You win.

If you mailed it regular first-class mail: You have no proof of receipt. The tenant's denial is harder to overcome. In small claims or eviction court, the judge may side with the tenant.

Action: Always use certified mail or hand-delivery going forward. For this dispute, consider offering to resend the notice with certified mail and a new 90-day period starting from the new delivery date. This is legally safer than fighting.

Scenario: Tenant Claims the Increase Violates the Rent Cap (Portland, Eugene, Salem)

If you proposed a 6% increase in Portland (5% cap), the increase is unenforceable. The tenant's refusal to pay the increase is valid.

Action: Recalculate. Reduce the increase to the legal cap. Send a corrected notice with a new 90-day period. This is faster and cheaper than a court fight.

Scenario: Tenant Stops Paying the Increased Rent

After the 90-day notice period expires, the new rent is due. If the tenant refuses to pay:

1. Send a written notice of non-payment (separate from the increase notice).
2. Document all missed payments.
3. If payment is not received within 5 days, you have grounds for eviction for non-payment of rent under ORS 105.105.

You must prove that your original 90-day notice was valid and proper. This is why proof of delivery is critical.

Frequently Asked Questions

Q1: Can I give a rent increase notice for multiple increases at once (e.g., one for January 2027 and another for July 2027)?

A: Legally, yes. You can give two separate notices, each with its own 90-day period. For example, on October 3, 2026, you can give one notice for January 1, 2027, and another for July 1, 2027. Each must include its own effective date and new rate.

However, tenants may perceive frequent increases as aggressive. Consider spacing them out and checking local rent control laws. In Portland, you're limited to one increase per 12-month period (with exceptions), so you must stagger them at least 12 months apart.

Q2: Does Oregon law require me to explain the reason for the rent increase in the notice?

A: No. Oregon does not require you to justify the increase or cite a reason. The notice simply must state the current rent, new rent, and effective date. However, if a tenant alleges retaliation, you may need to prove a legitimate business reason in court. Documenting your reason (rising property taxes, maintenance costs, market rates) in your files is a good practice.

Q3: Can I waive the 90-day notice requirement if the tenant agrees in writing?

A: No. ORS 90.323(3) is a statutory minimum that cannot be waived by agreement. A clause in the lease saying "the tenant waives the 90-day notice requirement" is void. You must comply with the statute regardless of what the lease says.

Q4: If I own a property in Portland with a local 5% cap, can I give a 90-day notice for a 5% increase and then raise it to 7% on a later date?

A: No. Portland's just cause for eviction ordinance restricts increases to once per 12 months. You can give one increase per year, up to the annual cap. You cannot do two separate increases within a 12-month period to work around the cap. This would violate the spirit and likely the letter of the law. Stick to one increase per 12 months.

Q5: What happens if I give a rent increase notice but then decide not to increase the rent?

A: You can withdraw or rescind the notice by sending a written statement to the tenant saying the increase is cancelled. This is not required by law, but it's good practice and prevents confusion. Keep the cancellation letter in your file.

Oregon Enforcement and Penalties for Non-Compliance

Who enforces Oregon's rent increase notice rules?

• Tenants: Can refuse to pay an increase that violates ORS 90.323, and courts will void the increase if sued.
• Local housing authorities: Cities like Portland have landlord-tenant offices that investigate complaints.
• Oregon Department of Consumer and Business Services: Handles statewide complaints (limited enforcement for rent issues).
• Civil court: Small claims or regular civil suit if a dispute arises.

Specific penalties for improper notice:

• The rent increase is void and unenforceable.
• The tenant can remain at the old rent rate.
• You cannot evict for non-payment of the invalid increase.
• If you sue to enforce an improperly noticed increase, the court dismisses the case.
• In some cases, the tenant may recover attorney fees if they had to defend against your unlawful increase demand (ORS 90.255).

There is no statutory damages amount (like a "fine" to the state), but the practical penalty is loss of rent and potential legal costs.

Best Practices: A Checklist for Self-Managing Landlords

Task	Timing	Deliverable
Decide new rent amount and effective date	3-4 months before effective date	Written note in your records
Check local rent control laws (if applicable)	Before drafting notice	Confirmation that increase is within cap
Calculate 90-day deadline	Before drafting notice	Clear date of when notice must be delivered
Draft written notice	At least 1 week before 90-day deadline	Notice document with all required information
Deliver notice (certified mail or hand-delivery)	On or before 90-day deadline date	USPS receipt card or signed hand-delivery receipt
Store proof of delivery in tenant file	Same day as delivery	Scanned receipt in lease management system
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