Tenants vacating 6 months into a 1 year lease. : ezLandlordForms

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Crystal E

started a topic about 14 years ago

Does anyone know what my rights are in Oregon with tenants vacating 6 months into a 1 year lease? Seems like the law just says they give 30 days written notice - which is the same if they were renting month to month. What are my options?

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Ralph F

said about 14 years ago

I'm not positive about Oregon's law, but in most state's the landlord can sue for "actual damages," or the rent not received because of the tenant's breach of lease. For example, if the tenant moves out 6 months into a 1 year lease, and the property sits vacant for 2 months before the landlord is successful in finding a replacement tenant, the landlord can sue for 2 months' rent, but not the full remaining 6 months' rent, because the actual damage to the landlord's bottom line was 2 months' rent.

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Crystal E

said about 14 years ago

Is there a way to determine Oregon's Law? I am having a hard time finding this information. We received the 30 days written notice today, Oct. 1. I want to be fair, but don't want to sit on our house sitting empty either. Is that just an unspoken rule about breaking leases? This is our first time renting the house out, so we are not familiar with it all. Do we have to notify them in writing about the law stating that they are responsible for rent until we find renters? I did put in the lease that they would forfeit their deposit if they broke the lease. Does this wave the other? Thanks for any help or advice!

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Patricia K

said about 14 years ago

Here's some info for OR. As a landlord in FL for 15 yrs, it's still confusing :-) If they break their lease (which my tenant just did)..you have to attempt to rent it and they are held liable for the time it sits empty, the costs in ads for trying to rent it, cleaning costs and any reduction in rent, etc. http://www.osbar.org/public/legalinfo/tenant.html This info is priceless. http://www.thelpa.com/free/charges.pdf If you hold a security deposit (which I assume you do) check out section 90.300 http://www.leg.state.or.us/ors/090.html