Estacada, OR asked in Landlord - Tenant for Oregon

Q: I rent 2 rooms in owners home. Given 30 day no cause. He accepted rent for the month, is no cause still legal? Also,

Pay rent on the 10th monthly. He wants us out the 5th. Will he owe us for 5 days?

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2 Lawyer Answers
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: IF you are on a month to month tenancy and have been there less than 1 year, then 30 days notice is the minimum required, presuming the notice was lawfully worded and properly served. If the landlord accepts rent, and keeps it more than 10 days past the listed termination date without any special agreement with you, they likely have waived their right to enforce that notice and would need to start over with a new notice. Questions? Review everything with a landlord-tenant attorney.

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

A: Yes, rent is pro-rated by the day so you will owe through the day you actually vacate but not for any days past then, regardless of when the rental period starts or ends.

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