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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 5 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.
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