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%?
Answer: Sorry, the new law does not give you a choice. You are bound by the terms of your existing lease, even if the new law raises the cap. In fact, the law ignores existing lease agreements created before the September 1, 2025 date it goes into effect. In my opinion, it would be impossible for the law to retroactively adjust the terms of an existing contract predating the law. In other words, it can affect the rents commencing on or after January 1 2026. So your 4.5% increase cap applies until the last day of the third year of your lease. You can amend your leases after the 3-year term if you follow the protocol in ORS 90.545(2), but the new rent would be subject to the caps under HB 3054.
2. Question: We have storage agreements that we are planning to raise the storage fees. Are we limited to 6% increase on storage fees?
Answer: This is an interesting question and raises issues beyond the scope of this general article. The reason is that “storage agreements” only apply to abandonments of personal property under ORS 90.425 and manufactured homes under ORS 90.675. These statutes contemplate just lienholders or representatives of the estate following death of a tenant living alone.
Over the past several, park owners have created and used storage agreements for reasons other than abandoned homes; so much depends on what your storage agreement says.
In general, since the HB 3054 cap only applies to “rent” as defined in ORS 90.100(41) it would seem that the limits would not apply to charges under storage agreements.[1] But you should obtain an opinion from your own attorney.
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?
Answer: If I understand your question, it sounds as if you would like to send out a rent increase notice beforethe September 1 2025 date of the new law, but have it apply to rents beginning on or after January 1, 2026. If that is the question, the short answer is “No.” The reason is that HB 3054 limits “rent increases” issued under ORS 90.323 and 90.324, which includes manufactured homes.
4. Question: . It appears that the new laws apply to RV parks, as the RV Space Rental Agreement includes the rent control parameters. Correct?
Answer: Yes, since RVs are personal property whether they are in a manufactured housing park or a recreational vehicle park and the rent caps apply to both. See, ORS 90.323, 90.324 and ORS 197.493(1)(b)
[1] “…any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises.” (Emphasis added.)
