Raising Rent to Compensate for Solar Panel Fees

[Laura Yoerger]

So a mistake was made in our rental agreement concerning our solar lease fees. It was explicitely stated that the tenants would be responsible for taking over the solar lease payments. The property management company simply put that the tenants were responsible for the utilities.

When an attempt was made to get them to pay the solar lease fee they balked and spoke to a bunch of people couple of renter advocacy agencies in Washington County, Oregon (where our home is). They were told that since it was not put in the lease they were not legally responsible for paying the solar lease fee.

Clause 11 of their lease states: The Landlord may increase the Rent for the Property upon providing to the Tenant the greater of 30 days’ notice and any notice required by the Act.

My question is in the state of Oregon can clause 11 be used now (3 months into the lease) to raise their rent to include/the solar lease fee so as to force the tenants to pay this bill?

[Steve DellaPelle]

@Laura Yoerger To my knowledge, you cannot increase rent with an existing lease until that lease expires. You should send the 30 day notice prior to the lease expiration date and it will take effect upon the renewal date.

This may be State Specific but usually a lease cannot be changed unless both parties agree.