Asked in Small Claims for Oregon

Q: I gave 90-day eviction notice to my tennants. 90th day is last day of rental agreement. They're still bound 'till June1?

I have a rental agreement with my tennants 'till June 1st, but my wife,daughter and myself will be moving back in upon the end of the rental agreement and this is my sole property. I've sent (they must sign for it) a letter issuing them a 90-day no-cause eviction only because I need to make sure that they're out at the end of our rental agreement. I am, however, worried they may leave before the end of our rental agreement. I was just making sure that they are still bound to pay their rent 'till June 1? If they try to not leave when they are supposed to will I be able to have them removed? Will they be responsible for payment for every day that they are still there after June 1st?

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

A: Your posting raises several potential issues, some of which require further information before being able to be answered, most notably whether you can terminate the tenant's tenancy under the new State law. Some of your questions though are quite answerable. First, the tenant owes rent for every day they are in possession, even if those days are after their tenancy terminates pursuant to a written lease agreement. If you have a term lease, the tenants are presumably also liable for full payment of rent until the end of the lease (or for an early termination penalty if that is in your lease) even if they terminate early, so long as reasonable efforts are made by you to mitigate your damages. To the extent that you can lawfully terminate their tenancy upon the termination of their lease, and have complied with any/all requirements on your part, then yes, you likely can have their termination enforced by your local court through the eviction process, though you also may be liable for payments to the tenants if required under either State law or Portland Ordinance. Lastly, if you sent your notice to the tenants ONLY by certified mail or other form that they had to sign for it, then you likely have NOT issued an enforceable termination notice and legally speaking, it is likely equivalent to never having sent them anything at all. ALL written notices required under Oregon's Residential Landlord-Tenant Act MUST be either delivered in person; mailed regular first class mail with an additional 4 days (including the day of mailing) added to the compliance date for the mailing; or, if your written rental agreement provides for it, by posting and mailing a copy of the written notice to the tenant (again, by first class mail). You can send by certified return receipt mail in addition if you wish, but not instead of, regular first class mail. If you mail, it is recommended (but not legally required) that you mail it while obtaining a Certificate of Mailing (NOT to be confused with Certified Mailing). All in all, you may wish to review everything with a local landlord-tenant attorney now if a timely termination is important to you.

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