Lease Agreement

Phil Querin Article: Follow-Up Questions and Answers Oregon New Rent Control Law

Four additional questions and answers regarding Oregon's new rent control law.

1. Question:  I am using MHCO leases that I will renew in three years.  The leases provides for a rent increase each year of the lease of 4.5%.  Going forward, can I now increase rent 6% each year that is left of the lease or do I have to stick with the 4.5%?  

2. Question: We have storage agreements that we are planning to raise the storage fees.  Are we limited to 6% increase on storage fees?

3. Question: If I send an increase notice next month that is effective January 1, 2026, can we increase the rent 10% since the notice was sent prior to September 1, 2025?  As long as the notice is sent out by September 1, 2025 is there a limit to how far out that the rent increase is effective?

4.   Question: .  It appears that the new laws apply to RV parks, as the RV Space Rental Agreement includes the rent control parameters.  Correct?

 

 

1. Question:  I am using MHCO leases that I will renew in three years.  The leases provides for a rent increase each year of the lease of 4.5%.  Going forward, can I now increase rent 6% each year that is left of the lease or do I have to stick with the 4.5%?  

Phil Querin Q&A: Lease Renewal

 

Question:  I have recently revised all of our lease agreements including Oregon, where I have made substantial updates and changes. I understand that by law I have to give renewal notices 60 days in advance of a lease expiration if I want the tenant to continue on the newly proffered lease.I understand that pursuant to ORS 90.545, I am supposed to identify what is different in the new lease from the old one. Due to the number of changes I’ve made, it would be very difficult to identify and list them all. 

I’m wondering if I can just inform the residents that the new lease has numerous updates and that they should read it as if it were a completely new edition. 

 

The only other real option is to offer a redline version which would be so marked up it would be difficult  to read and understand. Can you check to see what would meet the requirements of the notice?

 

 

Unilateral Amendments to Community Rental and Lease Agreements Recent Oregon Court of Appeals Case

 

ORS 90.510(4) provides:

 

Every landlord who rents a space for a manufactured dwelling or floating home shall provide a written rental agreement, except as provided by ORS 90.710 (Causes of action)(2)(d). The agreement must be signed by the landlord and tenant and may not be unilaterally amended by one of the parties to the contract except by:

 

  1. Mutual agreement of the parties;

 

 

  1. Actions taken pursuant to ORS 90.530 (Pets in facilities), 90.533 (Conversion of billing method for garbage collection and disposal), 90.537 (Conversion of billing method for utility or service charges), 90.543 (Utility or service charge billing for large manufactured dwelling parks) (3), 90.600 (Increases in rent), 90.725 (Landlord or agent access to rented space) (3)(f) and (7) or 90.727 (Maintenance of trees in rented spaces); or

 

 

  1. Those provisions required by changes in statute or ordinance. (Emphasis added.)

 

 

In a recent Oregon Court of Appeals case, the full impact of these "unilateral" amendment provisions became the subject of scrutiny that (unless appealed and overturned by the Oregon Supreme Court) should serve as a cautionary warning for park owners and managers.

 

 

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