Q: Can landlord tell me to leave mid-lease and then demand 60-days notice from me? I want to leave right away.
I "complained" when my landlord installed sawdust instead of mulch around property - I live on the Oregon coast with daily 15 MPH winds and it blows into all windows and doors daily. First he told me to keep the windows shut. Later he told me (via phone/text) to move and he would let me out of the Lease and return all my deposits. He is selling the house and doesn't want to put money into fixing the sawdust problem. For 2 weeks I kept him posted on my rental search and as soon as it looked like I might find a new place he demanded a 60-day notice from me. Now I am scared to move and get charged 2 months rent. Since he told me to leave am I responsible for this? I never asked to leave, or even asked him to fix the problem, I only told him what was happening with the sawdust and he flipped out.
A: It all depends upon exactly what the communications between you say. IF you are on a term lease, and you break it early, you are potentially liable for damages unless the landlord agrees to not hold you liable. He can simply agree to that; he can agree to not hold you liable as long as you provide 60 days notice (or any other amount); or he/you can agree to anything else that you both find satisfactory. None of that affects his duty to maintain the property in habitable form though I am not at all sure a Judge would rule that spreading sawdust outside is a habitability violation by the landlord. You could try watering the sawdust to reduce its being blown around. Good luck.
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