Q: Can my tenant legally extend on the agreed last day of lease termination? I want to make sure I have right to say no.
My tenant and I agreed early November that Dec. 2nd is her last day and that is when she needs to turn in the keys. Now she is asking two days extension but I really cant. Can I say no to that and mandate move out date to be the 2nd? I want to make sure I have legal right to reject that request.
New tenant is set to move in on the 3rd.
A: Assuming you are referring to residential rental in Oregon, you presumably can insist on a move out on the 2nd, BUT there is little you can do if she does not comply. If she fails to move out, you would have to file to evict her in court and that process can take 2-4 weeks or longer. While you may be able to sue the current tenant for damages if she fails to timely move out, the new tenant may well be able to hold you accountable for their damages if they cannot move in on time. Even if she does move out on time, how do you expect to inspect, repair, clean, etc. for the new tenant? You are taking extreme risks and cutting things too close by not allowing for enough time between tenants. Do you have her agreement to move out on the 2nd signed, dated, and in writing? If not, you may have real trouble trying to legally enforce the termination of the existing tenant's tenancy if they fail to voluntarily leave on time.
2 users found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
