Madras, OR asked in Real Estate Law for Oregon

Q: A new job in Bend caused me to break a lease in Boise. The landlord re-rented for less and is demanding the difference.

Hi. After 4 months in Boise I received a great job offer in Bend. My 12 month lease @1500/month was 'breached', and the landlord said the market in November was not as good as August, therefore rented the unit for$1300/month, $200. less. He's demanding the $200 x 8 months, and is threatening to give it to collections if not paid. Thank you for your advice in regard to this, as well as how this works if he's in Idaho and I'm in Oregon.

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1 Lawyer Answer
Daniel DiCicco
PREMIUM
Daniel DiCicco
Answered
  • Portland, OR
  • Licensed in Oregon

A: Hi there. Well, your former landlord is not exactly wrong on this. When you breach a lease you do owe the amount you would have paid on the entire lease. The landlord has the duty to mitigate his damages by attempting to re-rent. If he were to sue you then he could potentially recover the difference in what he got versus what you owe, which here is the $200 x 8.

That said, he can't just "send you to collections" without a judgment. If debt collectors call then you need to dispute the debt unequivocally. This should stop the debt from affecting your credit, but debt collectors are generally not the finest firms to work with.

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