My question involves landlord-tenant law in the State of: Oregon.
Hello. My name is James, and I'm here to do some research for my fiance, Holly, who is in the situation I will be describing.
Holly is a college student, who is living in a rented house. She has three roommates, and they all signed SEPARATE rental contracts with the landlord. The contract specifies that only four people will inhabit the house, and those four are listed by name.
Two weeks ago, the landlord allowed one of the current tenant's boyfriends to move into the house and signed a contract to that effect, all without Holly's written consent. The boyfriend does make a monthly payment to the landlord, but less than the four original roomates make.
As I understand from my research, this is a material change to the contract Holly has with the landlord and is not valid without Holly's written consent (Title 10, 90.262.2). Additionally, Holly can give notice that the landlord is in noncompliance with the contract and terminate the contract after 30 days if the landlord does not come back into compliance (Title 10, 90.360.1). However, Holly is at the point where she just wants to move out, due to other issues with the roommates and landlord. So here comes the real question.
Oregon Code says that if Holly breaks the lease, the landlord can only collect rent from Holly until the landlord finds a new tenant (Title 10, 90.410.3). Since the landlord has already accepted a new tenant, can Holly break the lease without penalty?
The landlord originally rented the four-bedroom, single family dwelling with the goal of having four tenants, and if Holly leaves, there will still be four tenants, albeit not the four original tenants.