Q: I have moved out, but I’m still paying rent through my lease. Landlord allowed someone to stay in my room. Break lease?
I live in a house in Oregon, paying rent through the end of my lease. I’ve moved out but still have a few belongings in the room, and I’m still paying rent. Landlord allowed someone else to stay in my room, I have a picture of their bed in my room I’m paying rent for. The lease states I am responsible for the room until a new applicant has moved in. She hasn’t applied to live there and she’s not paying rent, but she’s definitely moved in temporarily. It’s my space and they let someone else in. Does that break our lease agreement or Oregon lease laws? Can I get out of paying the remainder of my rent because of this?
A: That would seem to be a landlord's acceptance of your surrender of the premises - and that would terminate any further obligations you have under your rental agreement. If you have already moved out anyway, you cannot be evicted so the only thing the landlord could do is try to collect from you, presumably by turning you over to a collection agency or by suing you in court. Besides dinging your credit record, the only thing a collection agency can do is harass you or sue you in court. You arguably would have a defense in court. If of serious concern, consider reviewing it all with a local landlord-tenant attorney.
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