Just because a payment portal asks you to click ‘I Accept’ doesn’t mean a fee is legal. Here is what Oregon law says about unwritten rent processing charges—and how to avoid paying them.
It is very common for us to accept credit card fees as a part of life. But as a tenant, you do not have to accept any fee which is not explicitly stated in your signed lease agreement, unless part of a legally valid written rule change.
In this case though, even if your landlord sends notice of a new fee, claiming it will become a written rule unless 51% of households object, that is not valid.
Park rule changes cannot include changes to fees unless statutorily allowed- and statute does not include payment surcharges as allowable (they’re not prohibited either- more on this later).
Example: A park rule change requiring everyone to pay through their online portal- and the portal charges a fee. NOT ALLOWED
- They cannot force you to use their electronic systems thanks to Senate Bill 1523 (portals, key fabs, smart locks, or lease signing portals)
- They cannot require you to pay a fee in order to pay your rent.
There must always be a free option to pay as well as a non-electronic, traditional method.
Fees are not prohibited, so long as a free method is still available. If you prefer the convenience of paying online with a debit card, then you may choose to check that little box and accept the fee.
If fees are being charged for check payments and card payment all the while no one is around to write you a receipt to pay cash or money order- then, in my opinion, they’re effectively blocking you from paying rent.
The choice is yours, pay a fee for convenience or not. However, when there is no choice, that’s a violation.
*This is editorial opinion, not legal advice. Seek the advice of a licensed attorney if you feel your rights are being violated.
