Can I do anything if the landlord raises the rent after getting a support canine?

[sassycat3172]

Oregon law ORS 90.220 A. was passed this year. It states a landlord can not charge a security deposit to a tenant if this animal is a service or companion animal. My concern is that the landlord will raise the rent (we are on a month to month) soon after getting my companion animal. I have a letter from the doctor to have a companion animal. We have lived at this residence for 3 years now 2 of which have been month to month and she has not raised the rent in that time. Can I do anything if the landlord raises the rent after getting a this support canine?

We have asked the landlord to do another lease and she has said dont worry about it the month to month is fine. she only wants a lease from her tenants for the first year. I have no problen with doing another lease.

This bill was signed into law on June 30th 2009 and is effective 91 days after the legislative session.

4. ORS 90.220 Fees and Deposits. Before a Landlord accepts any monies towards a rental agreement or application the Landlord must deliver to the tenant a list of all fees, deposits and rents to be charged to the tenant in either the application process or the rental agreement. This process is similar to the existing process for delivery of a document prior to application that details the rental screening process.

a. A landlord may not charge a tenant a pet security deposit for keeping a service animal or companion animal that is required by a tenant with a disability.

b. A landlord can no longer charge a cleaning fee

[Starlight414]

Not really. The law only addresses deposit, not rent. And on a month-to-month contract, the landlord can raise rent at any time for any reason.

[Ranger4402108]

If your rent goes up and your neighbors' rent does not, then you might have a valid complaint. But if you and your neighbors all have a rent increase of the same amount then you each have to live with that or move.

[SharonT234]

Seems it would be better to head it off at the pass. Is there any reason you are not willing to sign a lease? You might want to ask for one.

Otherwise, you will just have to take the risk. If she does raise the rent, make sure she is aware of the law and ask her to rescind or reduce it if it seems high. You are probably due for a raise without any reference to the companion animal.

Be sure your companion animal is from a certified source so there is no question about legitimacy.

[BLCOHEN529080]

The law prohibits charging a refundable security deposit.

Rent is a separate and distinct issue. Any increase in rent would need to conform to any rent control ordinance in effect. Specifically, rent can be raised after getting a support canine if the law otherwise gives the landlord the right to raise rent for any reason.

[reenzz338318]

"Companion" animals are much different than "service" animals. You need to re-read the ADA laws. I doubt that the landlord is under any obligation to let you have the animal....much less not try to charge additional rent/pet deposits.

Also...I tried to look up such a statute and couldn't find anything that pertained to pets.

EDIT: I read the new law...and thank you for finding it.

Note: the law does not state that the landlord is prohibited from charging additional pet rent or raising your rent in absence of rent control. It only states that a "pet deposit" may not be required. It also does NOT state that the landlord must allow you to have a "companion" animal. Federal law only recognizes trained "service" animals. Your landlord does not have to accept a "companion" animal.

[Wildcat427]

Yes and no. They cannot raise the rent because of the service dog. BUT, since you are month to month then they can raise the rent any time with no reason given. There is nothing you can do about that but insist on a new lease. If she still refuses to sign a new lease you can give 30 days notice at any time.

EDIT: YES! We DO have to allow a campanion animal if it is certifed by a doctor that it is needed.