Rental laws

UPDATED: Oct 1, 2022

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Rental laws

Can a landlord increase the overall rent due
based on how many people are living there. My
boyfriend and I are moving into a 2 bed and
want to rent the 2nd room to a friend but the
landlord wants to increase the rent if we do.
Is that legal?

Asked on January 31, 2019 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A landlord cannot increase rent during the term of a written lease--so if it's a one-year lease, for example, he can't increase rent until the year is up. But when the lease expires, or on a month's notice if it is a written month to month lease or only an oral (unwritten) lease (which is always month to month), the landlord can increase rent. He can increase it because the number of people in the unit is higher, or simply because he wants more money. It is his property, after all--he decides what to rent it out for.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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