Portland, OR asked in Landlord - Tenant for Oregon

Q: What are my rights concerning prorated rent for the month?

30 day notice given on 10/24. Rent is due on the 9th and it is always paid early. Landlord says that since notice was given after the 9th that we are responsible for the full month of rent ($700). I thought we would only be responsible for rent from 11/9 to 11/24. They are also refusing to give us a copy of the rental agreement when we asked.

Are we responsible for the full months rent or should it be prorated unless otherwise noted in the rental agreement? Do they have to provide a copy of the rental agreement?

Thank you.

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1 Lawyer Answer

A: You are quite correct - there is a specific statute that says rent is pro-rated daily, though there at least 3 different formulas that a landlord can use in determining the actual amount of the daily pro-rated rent. You may want to pay the whole month, per the landlords demand and see what happens. Assuming you move out on time, then the landlord has 31 days from when you restore possession to him to refund any prepaid rent (which the balance of your pro-rated rent would be) or be liable for twice the amount, plus your court costs and attorneys fees. So you could end up recovering twice the amount of your pro-rated over payment, albeit it could take awhile longer to receive it. This is the type of case that many attorneys would consider taking on a contingency whereby you would not owe the attorney any fees (after the initial evaluation to evaluate and confirm the likely win-ability of your case) but rather they would collect them from the landlord upon winning or settling the case. As to the lease, yes, a landlord is required to provide with a copy of the lease and is further required to allow you to inspect the lease in his office upon request and notice. Unfortunately, there is no prescribed penalty for failing to do so, though one could presumably obtain a court order requiring it, again with the landlord having to pay your court costs and attorneys fees. If you have further problems, consider reviewing it all with a local landlord-tenant attorney. Good luck.

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