Q: Landlord question: one lease agreement with 3 persons, one moves out - can we start new rental term with the other two?
Rental term was November 7, 2018 to February 7, 2020, month to month thereafter, in city of Portland. One person is moving out voluntarily. We are considering putting the house on the market to sell. House used to be our own residence but when we moved out market was not good for selling. Can we start new rental agreement with a new start date so we can do a no cause eviction of the remaining 2, with adequate notice, within a year?
A: If the current lease is signed by 3 co-tenants and one wants out at the end of the lease term, then arguably they are the ones not renewing (as long as you offer to renew but only to all 3). Entering into a new lease with just the remaining 2 is certainly an option if all of you agree, but understand it would not let you "start over" in calculating the year's residency. The year is determined from when they first took possession, regardless of how many leases or other agreements they were part of.
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