Portland, OR asked in Landlord - Tenant for Oregon

Q: Our landlord gave us less than 30 days notice to renew or terminate our lease in Portland, OR. Is there anything to do?

We live in an apartment and were given 10 days to sign to renew our lease or provide 30 days notice of termination of the lease. While we have been looking for new places in our price range for months, we only just got an offer that is larger for less today, the day that the renewal was signed. To break our lease we forfeit our deposit and owe 1.5 times the rent.

Due to management failing to provide us with a true 30 day notice, is there anything that we can do to get around this?

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1 Lawyer Answer

A: I am not understanding your position. If you are on a fixed-term lease, it normally specifies what happens when it expires. Some require X days prior notice from either party or it automatically renews. Some automatically convert to month to month tenancies. Still others are silent, meaning that the tenant is expected to be out at the termination date (no notice required) unless some other arrangement has been mutually agreed to. You say you were told to either renew or provide a 30 day notice? You cannot be required to "voluntarily" terminate a month to month tenancy. If you want to terminate it, then yes, you have to provide at least 30 days prior written notice. If the landlord wants to terminate your tenancy (because your refuse to renew a lease or for any other reason), then they have to give the appropriate written notice to you (30, 60, or 90 days notice depending where you are and how long you have been there, assuming your term lease has expired by the end of that notice period). If you live within the city limits of Portland, you may have other protections as well. No matter what, you do not both forfeit your deposit and pay a 1 1/2 months rent fee to break a lease. IF you signed a renewal, however, you can be held to it unless the landlord is willing to let you out of it (presumably for less than 1 1/2 mo's rent), absent some other justification. So you really need to just take your original lease and the renewal (rent increase? 90 days advanced notice of it or in the original lease?), along with all notices, communications, etc. with your landlord to a landlord-tenant attorney to see what your rights and obligations are. You likely should do so before signing anything further regarding your current dwelling or a new one. Best of luck.

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