Seattle, WA asked in Real Estate Law, Landlord - Tenant and Small Claims for Oregon

Q: Can landlord keep last month's rent after a 60 day no-cause eviction if I vacate early and don't give a 30 day notice?

I am an Oregon renter, and I vacated the fifth week into a 60 day notice of a "termination of tenancy; no cause", issued to me 22 months into my tenancy. I paid the final month's rent because I did not want to be considered delinquent while I wrapped up the last few days of my move and cleaning, turned in the keys on October 6, three weeks and two days before my 60 days would have come to term, and it was suggested by the leasing agent that I may not be returned any pro-rated rent because I had not given a 30 day notice of my intent to vacate.

By that logic, I would have had to give them a 30 day notice a week after they gave me a 60 day notice. This seems contrary to ORS 90.300 subsection (11):

My past rentals have always pro-rated my last month's rent, though I had always provided them a 30 day notice. Are they not required to refund a portion of the month's rent in this case because I "vacated without notice"?

Thank you!

1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Yes, your landlord is correct that you would be required to provide 30 day notice if you intended to vacate prior to the 60 day notice date that he served you. He told you to be out on that specific date, NOT to be out anytime up until that date. If you wanted to be out earlier, you owed him at least 30 days notice. Since you did not give that, he can charge you rent through either 30 days after you did vacate or up to the date on his notice, whichever comes first.

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