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  1. #1

    Default Tenant's Liabilty for Rent After Breaking a Lease in Oregon

    My question involves landlord-tenant law in the State of: Oregon
    Did the law change recently where the tenant is only responsible of maximum one and one-half month rent?
    It is not very clear in the lease agreement, where it says "minimum one and one-half month rent".
    Verbally, that was the agreement with the landlord, but he is not good in english, and added "minimum" instead of "maximum" instead.

    Since it is not clearly written, I wanted to check if there are laws to protect the tenant, so they dont have to pay for the remaining months.

    One some sites, I see that it says, the tenant will be responsible for remaining rent through the lease:
    http://www.nolo.com/legal-encycloped...se-oregon.html

    Thank you.

  2. #2
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    Default Re: Tenant's Liabilty for Rent After Breaking a Lease in Oregon

    You owe rent for the duration of your lease. Your obligation to pay rent is limited by the landlord's obligation to make a reasonable effort to replace you as a tenant -- but if he makes a reasonable effort and cannot replace you, if it takes a long time to replace you due to market conditions, or market rates have dropped such that the new tenant pays less, you'll remain liable for the landlord's losses. Also, with multi-unit buildings, the landlord can prioritize filling units that don't have tenants over filling the unit of a tenant who broke the lease.
    Quote Quoting O.R.S. Sec. 90.410. Effect of tenant failure to give notice of absence; absence; abandonment.
    (1) If the rental agreement requires the tenant to give actual notice to the landlord of an anticipated extended absence in excess of seven days as permitted by ORS 90.340 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

    (2) During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.

    (3) If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it for a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord knows or should know of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.
    I can't read the lease agreement from where I'm sitting, so I'm not going to attempt to interpret its terms. Perhaps the language to which you allude allows for early termination upon the payment of an agreed amount; perhaps it means something else.

  3. #3

    Default Re: Tenant's Liabilty for Rent After Breaking a Lease in Oregon

    So the the revised Statute has changed since 2013?

    http://www.oregon.gov/ohcs/CRD/mcrc/...apter-090.html
    90.302 Fees allowed for certain landlord expenses; accounting not required; fees for noncompliance with written rules.
    (2) A landlord may charge a tenant a fee for each occurrence of the following:
    (e) The abandonment or relinquishment of a dwelling unit during a fixed term tenancy without cause. The fee may not exceed one and one-half times the monthly rent. A landlord may not assess a fee under this paragraph if the abandonment or relinquishment is pursuant to ORS 90.453 (2), 90.472 or 90.475. If the landlord assesses a fee under this paragraph:
    (A) The landlord may not recover unpaid rent for any period of the fixed term tenancy beyond the date that the landlord knew or reasonably should have known of the abandonment or relinquishment;
    (B) The landlord may not recover damages related to the cost of renting the dwelling unit to a new tenant; and
    (C) ORS 90.410 (3) does not apply to the abandonment or relinquishment.

  4. #4
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    Default Re: Tenant's Liabilty for Rent After Breaking a Lease in Oregon

    You are quoting a different statute.

    If your lease has a provision that allows you to pay an early termination fee -- the fee "must be described in a written rental agreement" -- then that statute limits the amount of the fee. If your lease does not provide for an early termination fee, you cannot avoid your legal duties under your lease by paying such a fee -- although you are free to try to negotiate some form of a buy-out with your landlord, where you will be released from further liability upon payment of an agreed amount.

  5. #5

    Default Re: Tenant's Liabilty for Rent After Breaking a Lease in Oregon

    What if the lease has a provision that allows you to pay an early termination fee, but the fee number is not written?

    The statute 90.410 is when the tenant fails to give "notice" of absence; absence; abandonment. If the tenant does give a long enough (say 2 months) notice, then does this statute still apply?

  6. #6
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    Default Re: Tenant's Liabilty for Rent After Breaking a Lease in Oregon

    At risk of repeating myself,
    Quote Quoting Mr. Knowitall
    View Post
    I can't read the lease agreement from where I'm sitting, so I'm not going to attempt to interpret its terms.

  7. #7

    Default Re: Tenant's Liabilty for Rent After Breaking a Lease in Oregon

    I am assuming you mean that it depends on the lease terms, and there is no Oregon Statute that restricts the lease terms in such conditions. So there can be a lease term to pay the remainder of the lease, and there is nothing in Statute to restrict and make it compulsory to have early termination fees. Cool!

    Thanks a lot for your prompt responses.

  8. #8
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    Default Re: Tenant's Liabilty for Rent After Breaking a Lease in Oregon

    You can assume that I meant what I said -- that I'm not going to interpret a lease provision that I have never seen.

    If you want your lease interpreted, you are going to need to show it to a lawyer.

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