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  1. #1
    Join Date
    May 2011
    Location
    Portland, OR
    Posts
    1

    Default Landlord Charging Me an Early Termination Fee

    My question involves landlord-tenant law in the State of: Oregon

    On April 12th, my landlord sent the members of my house a notice that at the end of May he was terminating our lease to turn our house into a bed and breakfast. I have travel plans that I can't change, leaving on May 20th and not returning until June 10th, so I asked the landlord if he would accept less than a 30 day notice so that I could move before I left. He said that he understood and asked what day I would be leaving. I told him I would be moving out on May 2nd, and he did not respond for a week. When he did finally respond, he said that he would be charging me $32 ($16 a day for the two days I would be here in May) as well as an early termination fee of $150. I looked through my lease and this is what the lease has to say:

    There is a line that says 'Lease Break Fee: $0'
    and there is a line with a box in front of it that says 'Check if Early Termination Provision Applies' and the box is unchecked

    At the bottom of the lease it says this:
    4) Early Termination Of Lease: If the early termination box is checked on page 1 of this Rental Agreement, upon any failure of Resident to occupy the unit for the full term, for any reason other than as provided in ORS 90.453(2), 90.472 or 90.475, Owner/Agent may charge Resident, all of the following: a) all rent, unpaid fees and other non-rent charges accrued prior to the date the Owner/Agent knew or reasonably should have know of the abandonment or relinquishment of the unit; b) all damages related to the condition of the unit; c) an early termination fee in the amount set forth on the front of this Rental Agreement, which amount may not exceed one and one-half month's stated rent; and d) interest on the above amounts at the statutory rate from the date each was due. The early termination fee is due on the earlier of the date Resident gives notice to vacate of the date the unit is vacated. All other amounts are due at the times specified in this Rental Agreement. If the early termination box is not checked, or if Resident has not given Owner/Agent at least 30 days written notice of intent to terminate and paid rent through the termination date, Owner/Agent may elect to recover damages resulting from the early termination, including but not limited to: repayment of concessions; all rent through the earlier of the date the unit is re-rented and the lease termination date; advertising and administrative costs to re-rent the unit; concessions given to re-rent the unit; the difference in rent if a lower rental rate is received from a replacement resident during the remaining term of the original Rental Agreement; damages related to the condition of the unit, and interest on all amounts at the statutory rate.

    I asked him to explain the $150 fee to me and he responded that he decided to charge me $231 for rent until May 16th instead.

    Is there anything at all I can do?

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Charging Me an Early Termination Fee

    So when you approached your landlord with this, he indicated that he would charge pro rata rent for the portion of May falling within your notice period, and no "early termination" fee? And the problem with that is what?

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Landlord Charging Me an Early Termination Fee

    Tell him that since he wishes to charge you an early termination notice then you would not be moving until the end of the lease term. He & the new owner must allow you to stay until the end of the lease. I'm sure he will drop your $150 fee.

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