San Jose, CA asked in Landlord - Tenant for Oregon

Q: Hello, I'm currently leasing a house in Beaverton and it's through a property management company.

My lease is up in May and I'm wondering about how much legal notice (30, 60, 90 days) would they need to give me if they're going to renew my lease (with an increase) after my lease is up or if they'll decide to do a month to month or if they decide on neither and want me out. Thank you.

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1 Lawyer Answer

A: Much depends upon the exact terms contained in your lease. Most term leases (and all good fixed-term leases) contain provisions referring to what happens upon termination. They may automatically renew for another term unless one party notifies the other that they do not wish to renew the lease, at least X number of days prior to the expiration; some simply terminate and the tenant is expected to be out on the termination day (and is subject to eviction if they are not) unless a new agreement has been reached before then; others automatically convert to a month to month tenancy if no new agreement has been reached. Some leases are simply silent on the issue, leaving the landlord the option to either seek to evict if you are not out or, if you simply stay and the landlord either agrees or tacitly agrees by accepting rent for beyond the termination date, you become month to month tenants. Once you become month to month tenants, then the landlord must provide at least 60 days prior written notice to terminate your tenancy without cause if you have been there for at least a year (30 days if you have been there less than a year) or, if the dwelling is within the City limits of Portland, 90 days notice. A tenant can terminate a month to month tenancy with just 30 days prior written notice, regardless of how long they have been there.

All this said, it is probably wise to simply consult the landlord ahead of time to discuss if you are going to renew your lease; shift to a month to month tenancy; or vacate. Unless your written lease already specifies it, any rent increase will still require at least 90 days prior written notice from the landlord.

Good luck.

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