Q: In OR if I give a 90 day notice to a tenant and they gave a 30 day notice does theirs trump mine? Do I pay 1 month rent?
I’m confused with the new law. Does their notice trump mine? Do I need to pay them one months rent like it looks like if you give a tenant notice? Or, do they move out in 30 days and I don’t pay them now?
A: Yes, I think you do owe them the month's rent payment, assuming you are not exempt from having to pay it to begin with. The statute reads that you were supposed to include that payment with your termination notice which, as I understand your posting, occurred before they responded with their own 30 day notice. Thus you owed it and their subsequent getting out sooner than your 90 days does not change that. IF you gave a 90 day no cause termination notice (with a valid reason for said termination of course) without payment of a month's rent at the same time, and were not exempt from owing said payment, your tenant may be able to recover not only the month's rent but also an additional 3 months rent, plus any actual damages, plus the tenant's court costs and attorney's fees from you. So you may want to quietly correct things with the tenant if that is a reasonable possibility. Good luck.
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