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I recently moved into a house for rent. the 1st lease

Customer Question
I recently moved into...

I recently moved into a house for rent . the 1st lease agreement month to month was $1200 two months later they had us sign a month to month lease for $1800 a month .We recently found out that the landowners can not incease the rent for 1 year and a 90 days notice. Is the 2nd lease we signed binding. since the law says you can not increase the rent ?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Oregon

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Month to month . we just moved in but there are just some minor stuff wrong

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We believe we are being harrassed and the landowner may not have had her permit before renting

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
10/4/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 12,148
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 8 months ago
i would rather send by message
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thank you very much for your patience. Generally, in Oregon if you are on a month-to-month lease then the landlord must give you at least 90 days notice before they increase the rent. In addition, if you sign a lease agreement that is for a year or longer than the landlord cannot increase the rent during that time without your permission. In this case, unless you specifically agreed to change to a month-to-month lease and you were aware of all the terms and the changes, then the second agreement is going to be binding. Otherwise, if you were tricked or defrauded into signing that second month-to-month agreement, then that is not going to be enforceable. What other questions did you have about this for me?

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Customer reply replied 8 months ago
They said the increase was due to a Gresham, OR property tax approval passed by voters. I searched all online and could not find anything though. I did sign the second lease because we needed a place to stay. I moved in June at $1200 and they increased and had me sign a new lease in August for $1800.00. I could not afford to move out and pay a new deposit, application and moving fees again with only 2 months living here.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I understand.Getting out of a contract can be very difficult. With that said, there are some things that you would want to consider that the law recognizes as defenses to the enforcement of a contract. One of the defenses is capacity, meaning that a person who is mentally ill, under the age of 18, under the influence of drugs/alcohol can have the contract voided. Additionally, if a party enters into an agreement under duress, it can be voided. Also, if the contract is so one-sided that it would be considered unconscionable, that is another reason. Finally, there is the issue of mistake. A court can declare that there is a mistake made by both parties as to the assumption on which the contract was based. For example, if both parties made an assumption that a certain event would occur, but the event does not occur, then the contract is voidable. Unless the agreement falls into one of these categories, then the agreement is enforceable.

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