Already paid an over-cap rent increase? How to calculate an overcharge and request a refund

1. Verify coverage and the correct annual maximum

Use the cap row for the state, year, property type, and tenancy. Confirm the tenancy start and prior increase history. Review any claimed exemption against its actual supporting facts. If coverage is unresolved, calculate a standard-path scenario and label the exemption question instead of declaring an overcharge.

For Washington 2026, the standard covered figure is 9.683%; Oregon's standard figure is 9.5%. Manufactured-home and facility tenancies can differ. The effective year of each payment matters when a notice crosses New Year's Day.

2. Calculate the supported monthly rent

Multiply the base current rent by the allowed percentage, using the app's exact calculation and the official publication. Record the resulting maximum increase and maximum new rent. Then subtract that maximum from the amount actually charged for each month.

Do not round the cap upward in a way that adds an unsupported amount. If mandatory recurring charges are part of the rule being applied, show them separately and cite the basis. A transparent table is easier to correct than a single unexplained total.

3. Build a month-by-month payment ledger

Create columns for month, amount billed, amount paid, supported rent used in the worksheet, possible difference, credit or refund, and proof file. Include only months that actually occurred. A notice effective in the future has no paid overcharge, even when it appears defective.

If the landlord accepted the old rent, issued a partial credit, or later corrected the amount, record it. Bank statements alone may not show what month a payment covered, so keep portal ledgers, receipts, memos, and written allocations.

4. Separate direct overpayments from possible remedies

Washington RCW 59.18.700 describes excess amounts paid, up to three months of unlawful rent, fees or costs, and reasonable attorney fees and costs for covered violations. Oregon ORS 90.323 describes three months' rent plus actual damages for specified violations. A court or agreement determines recovery.

Do not automatically add the direct difference and every maximum card into one expected settlement. Note the statutory basis, whether the item is conditional, and what evidence supports it. Keep Seattle EDRA or Portland relocation assistance separate from state damages.

5. Request a written accounting and correction

Send a letter with the notice facts, cap source, calculation, payment table, requested refund or credit, and a reasonable written response date. Ask the landlord to identify any disagreement, exemption, or ledger entry. Washington's above-cap tenant remedy includes a written opportunity-to-cure step.

Keep the tone factual and allow correction. A credit should identify the month and balance it changes. Do not sign a release or payment agreement you do not understand; disputed waiver and settlement terms may need legal review.

6. Escalate with the complete file, not just a total

For Washington, the Attorney General complaint process can receive the notice, lease, calculation, demand letter, payment ledger, and mailing proof. Oregon renters can use legal-aid intake. Each state's courts publish small-claims forms, limits, venue, service, and fees for qualifying money disputes.

A filing may require a good-faith effort to collect, and winning a money judgment does not automatically collect it. Confirm the current procedure and right forum. An active eviction, termination, or complex exemption dispute can need different and faster help.

Reconcile the worksheet before sending it

Total the actual possible differences, then subtract refunds and credits that clearly apply. Reconcile the result with the landlord ledger and the tenant's payment proof. Flag returned payments, partial payments, concessions, fee allocations, and months with conflicting records instead of forcing them into a clean total.

Add a source column for every assumption: official cap row, tenancy classification, exemption document, prior increase date, notice effective date, and payment record. State the calculation date because later payments or corrections can change the ledger. The demand should request agreement or a written competing calculation.

If the landlord offers a credit, confirm the exact dollar amount, month, future balance, and whether the offer contains release language. A ledger correction and a legal settlement are not always the same. Obtain advice before signing terms that waive unknown claims or change the tenancy.

Update the worksheet after every payment, credit, or corrected notice. Version the file rather than overwriting the earlier calculation. The final packet should show both what the renter requested at the time and how the balance changed afterward.