Landlord Question and Answer Forum

We signed a 2 year lease with our tenants - but now they are breaking it 13 months in. Are they really able to just walk away from the contract if they pay the small lease break fee? It seems like a slap on the wrist. Is there anything more I can do? Also, for the next tenants do I have the option to not offer a way out (Oregon State)? It seems like there is no inceptive for them to stay... Please help. Thanks!

It sure would be nice if everyone did things by the book. The reality is that not everyone does or cares to. 1st, make sure you get tenat to give you something in writing as to their last day. Without WRITTEN Notice, tenants could return anytime stating they went on vacation. Don’t argue with them. You can’t force them to stay.---A landlord may charge a fee if tenant abandons your property during a fixed term lease “without cause.” You need to check what “Without Cause” means. The fee (may means the same as penalty) may not exceed one and one-half times the monthly rent. This fee shall not apply to certain members of the military called into service or victims of domestic violence or abuse.---If fee refers to penalty, you may be entitled to charging tenant rent and all expenses for finding a new tenant until new tenant moves in. This doesn’t mean you can sit back and do nothing until you’re ready. Deduct the amount from the sec.dpst. If sec.dpst doesn’t cover everything, bill them for the balance due. If they refuses to pay, go to Small Claims Court (up to $10,000.00).---Be nice, you don’t want them to destroy the place before they leave. Ask them questions as to why they decided to leave. This may be helpful if you decide to go to court to collect back rent and damages. -------- Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with this EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

Posted by Bob R, CA on Friday, May 4, 2012

Anna, How can I end a lease agreement? If the tenancy is: Month-to-Month: A 30-day advance written notice is required. Week-to-Week: A 10-day advance written notice is required. Fixed Term Lease: At any time during the fixed term tenancy the landlord or the tenant may terminate the tenancy without cause by giving the other 30 days written notice prior to the specified ending date or no less than 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later. ORS 90.427(5)-In the event of a property sale, a 30 day notice may still be given within certain limits. Taken from: https://www.ezlandlordforms.com/articles/oregon_landlord_tenant_law_and_regulations/

Posted by Jessica B, MD on Friday, May 11, 2012