Vancouver, WA asked in Landlord - Tenant for Oregon

Q: I have a friend of five years who wanted to rent a room from a rental property that my mother owns. I told him clearly

that the lease was 3 months lease and that after third month, the lease became month to month with 30 days notice. Meaning after the third month he could give 30 days notice and apply his last months rent. (total 4 months) In May , he moved in and payed first and last months rent.

My mother, the landlord, even waived his security deposit because he begged.

When arrived I had the lease ready, but he left quickly to go out of town.

When I sent it to him via e-mail, He refused to sign the lease because his "plans had changed". He has payed his rent for May June& July 2018, but wants a refund for August when the 30 days notice was going into effect.

Is he owed any money?

He is not being truthful, but now has no lease at all, nor do we. He has stated nothing in writing.

To pay July, he forced me to send an e-mail from my personal account saying, My Mom, would pay him last months rent even though he is "skipping out".

MY Mom never gave me permission and does not want to pay.

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Actually, without a signed, written lease, by law all he had was a month to month tenancy. So assuming he took possession, he would owe rent through 30 days after first notifying you he was terminating his tenancy - and be due a refund for any pre-paid rent after that. Plus if it is not refunded to him within 31 days of his terminating his tenancy, he can sue Mom for twice the amount not timely refunded, plus his court costs and attorneys fees - which could end up being $1000 or more. It may not be nice but it is the law. You simply should have required the signed lease before allowing him to move in. Good luck.

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