Posted by TenantNet on December 30, 1996 at 21:56:59:
In Reply to: SHORT NOTICE, HEFTY, RENT RAISE posted by Buff Medb Neretin on December 25, 1996 at 19:04:44:
: I just received notification that they are raising my rent $75 as
of the first of the year. "Taxes have gone up" I am Pissed off, but
not feeling powerless. Before I call them and object, I want to know,
chapter and verse, what my rights are here. Vis a vis a) timing of
notice b) how much of their increased taxes can they pawss along to
us c) if repairs are made half-(heartedly) but well enough to make
do, is this cause for complaint or is it a breach of landlord-tenant
agreement. There is nothing in our contract that talks to this.
d) how much can trhey raise the rent.
: Thanks for your help.
You indicated you are in Oregon which, as far as we know, is unregulated.
So any rent increase will be dependent on your lease. Generally they cannot
increase your rent until the end of your current lease unless there are
specific provisions spelled out therein. If you are a month-to-month
tenant with no lease, then generally 30 days notice is sufficient. In
either case, the owner's notice is an offer which you may accept or reject,
or negotiate. Of course, if you reject, then you would be expected to move out.
Again, unless your lease or state law provide otherwise, taxes are just
an expense which may be passed along. Actually he does not need to
justify why he's doing it. In some states (NY being one), tenants have a
real property interest in which part of their rent is used for taxes, so
in some instances tenants can get tax refunds for overpaid real estate
taxes. You might wish to investigate this in Oregon. As for repairs,
failure to make repairs is either a breach of the lease (covenant to
make repairs) or a violation of the Warranty of Habitability which is
implied in many state's leases (in New York it's statutory). You can
break a lease for refusal to make repairs or seek an abatement.
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