Portland, OR asked in Landlord - Tenant for Oregon

Q: Is ORS 90.302(2)(e) that landlord can only assess one and half months rent if we vacate without cause enforceable?

Our lease has that clause and we would like to use it. I called the manager - she would not talk to me but had the receptionist tell me that they aren't honoring that provision. I have emailed and expect to get a more detailed response soon, but I am wondering about my rights here.

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

A: It depends upon the exact wording in the lease. Many leases allow the landlord the OPTION of assessing 1 1/2 months rent as a "fixed" penalty for breaking a lease early, but also allow them to go with actual damages instead. You just have to carefully read your lease. Generally landlords go with the 1 1/2 mo rent option because it usually makes the landlord more money. Even during Covid, most rentals do not take a month and a half to be re-rented. IF the lease gives them the option, then they likely can exercise it at their discretion. They do NOT, however, have the option of simply "not honoring" any lease provision.

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