Valencia, CA asked in Real Estate Law, Contracts and Landlord - Tenant for Oregon

Q: If you agree to renew a lease after the current lease ends, are you legally bound to a new lease while under current one

It’s a student type apartment next to University of Oregon where the leasing office sends out email to commit to renew the lease for the next school year. While still under the current lease and you say you will come back after the current lease ends, are you legally bound under new lease to pay rent unless you find a sublet renter? My situation changed where I can’t return to school in Oregon and will have to move home in California. Financial Aid was covering housing and will not if not attending UO in the fall when the new lease term begins...can I be committed on a new lease while my current lease is in effect, or are they under the assumption they can bill me rent on a new lease even if I’m not in the apartment and not in state? Looking for best way to terminate the agreement that goes along with Oregon Landlord-Tenant laws

1 Lawyer Answer

A: It depends upon what you mean by "agreeing to renew the lease". Unless it is a month to month tenancy (and if it is, it can be terminated anytime by the tenant with 30 days prior written notice), any other form of residential lease in Oregon is only enforceable if it is in writing and signed by the tenant. So if you have actually signed a new lease, then yes, it is enforceable and you can be held liable for the penalties of breaking a lease. If instead you have only expressed an intent to sign a new lease, normally neither you nor the landlord are yet obligated. You, of course, remain on the hook for the balance of the existing lease term until it expires. Note that all this applies to any normal residential renting in Oregon; things may be different if this is actually University housing, such as University owned dorms.

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