Asked in Real Estate Law and Landlord - Tenant for Oregon

Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

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

A: No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no later than 14 days - 8-10 days was the pre-Covid norm in Multnomah County). As long as you are out before your first court appearance, the case should be dismissed with you the prevailing party (meaning you would not owe his court costs or attorney's fees, at least not by landlord-tenant law). I would start by letting the landlord know your situation - it might keep him from immediately filing to evict you. IF he does file, and you are out before your first court appearance, you should still go to court (or otherwise appear if they are doing things by phone) to be sure the Judge knows you are out and should dismiss the case. Good luck.

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