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  1. #1

    Default Sublessor Moved Back In Early, Suing for More Rent

    My question involves landlord-tenant (sublessee) law in the State of: Oregon.

    I signed a contract to sublet an apartment from two girls for 3 months this summer. Because my roommate was planning to go to grad school after one month, we included the following in the contract:

    "Sublessor shall provide Sublessee with the use and enjoyment of the premises until the original lease expires on August 15, 2011.

    Sublessee shall pay directly to Sublessor $866 per month...if there are two residents staying at said premises. If the Sublessee is the only resident of the premises, she shall pay $450 per month."

    I also paid them a "non-refundable security deposit" of $200, which was not used for carpet cleaning, since the place has wood floors. After 2 months, one of them announced that they were moving in a month early. Since she was moving in early and breaking the contract, I decided to move out and not pay the last month's rent.

    Now they are taking me to small claims court for the last $450. My question is: isn't the contract nullified by them moving in and breaking the lease - making it so that I don't have to abide by the financial terms of the contract?

  2. #2
    Join Date
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    Default Re: Sublessor Moved Back In Early, Suing for More Rent

    I do not have any access to the lease agreement you signed with them, so I'm not going to comment on whether they can enforce any non-refundable deposit they charged.

    As you moved out, you can try arguing that you should not pay rent past the date the lessor breached by returning early, and could even consider a counter-claim for any additional damages you can document.

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