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  1. #1
    Join Date
    Mar 2014
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    1

    Default Can Landlords Be Liable for Moving Expenses After Violating Lease

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

    In Aug. 2013, I signed a 2-year lease for a bit of land and small cabin in Clackamas County, Oregon. At the time of the lease signing, the cabin I was to rent was under construction, so we agreed in the lease that it would be required to be inhabitable by Sept. 30, 2013. I would be temporarily renting the property owner's summer cabin at a reduced rental rate while it was being worked on.

    Five months later, the cabin I am supposed to be renting is far from complete - it has no drywall, electric, incomplete plumbing, it's basically four walls with a roof on a concrete slab. I asked the property owners for an estimated completion date in January and was told they couldn't make any promises because they had run out of money and were finding the construction project stressful. Basically, no end in sight. The summer cabin I'd been living in was uninsulated, had poor heating, was filled with the property owner's things and thus I was living out of suitcases and boarding my cat in a rather stressful environment because they wouldn't allow her to live in it (she was to be allowed in my cabin when it was finished). It's inhabitable but NOT what I agreed to, and I was at my limit of patience with their construction project. The landlords have no problem with me wanting to move out; in fact, they suggested it. We agreed that I would move out March 15th.

    My question is: would the property owners potentially be held liable for moving expenses and a hefty early-termination fine I'm getting from my satellite company? I signed a 2-year contract with them at the same time I signed my 2-year lease with no intention of needing to move. I feel that I've been beyond patient with them and have given them a more than reasonable amount of time beyond our deadline to get this cabin built and inhabitable.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Can Landlords Be Liable for Moving Expenses After Violating Lease

    If I'm reading your post correctly your lease specified possession of a completed cabin by 9/30/13 and the owners failed to deliver.

    If that's exactly what the lease said then the owners breached the lease.

    Ordinarily you would have had a valid claim for damages which could conceivably have include the costs of which you speak.

    But here's the catch.

    You agreed to stay in the substitute rental beyond the breach date and I think that means you waived any right to claim damages.

    That you have issues with the substitute rental has nothing to do with that and I doubt that you would win your moving and satellite costs.

    But there's no harm in trying. Shouldn't cost much to go to small claims court. Unfortunately, even if you win a judgment you then have the problem of collecting which could be a hairy process in itself.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Can Landlords Be Liable for Moving Expenses After Violating Lease

    Note, the terms of the agreement whereby the landlord releases you from any further claim or obligation and you walk away may, depending on its terms, prevent you from making a later claim. If you want to try to seek any form of damages, be careful about the terms of any agreement.

    Given that you would move at the end of a lease under any circumstances, in the context of an agreement to move out you may find a court reluctant to entertain a claim for moving costs even though you are moving earlier than expected.

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Can Landlords Be Liable for Moving Expenses After Violating Lease

    You are living in a temporary place while the cabin was under construction. So you also agreed to have to make at least one move when the cabin was completed. So instead of moving into the completed cabin you will be moving to a new location. I don't see any damages here.

    Most satellite companies will transfer your contract to your new location without you having to pay an early termination fee. You may have to pay an installation fee though. But here too the installation is on the temporary location so you would have had to have it moved to the new cabin. No damages here either.

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