Q: A landlord wants me to sign a two year lease that has no mention of a break the lease clause in it. Is this legal?
My dad is guaranteeing the lease and wants to know if this is legal in Tigard, Oregon. Will he be responsible if I have to break the lease. Isn’t there a maximum amount that we would have to pay like 1 1/2 months rent to get out of it even without the clause.
A: The 1 1/2 month penalty for an early termination of the lease is an option that a landlord may, but is not required to, offer. If there is no such clause in the lease, then the breaching tenant is liable for the continuing rent and re-renting costs, until a new tenant rents the dwelling. Given the low availability of rental properties in general, especially in metropolitan areas, most landlord's prefer the 1 1/2 month penalty since they normally can re-rent a dwelling much sooner than 1 1/2 months so they make more money as a norm. If you want an early termination clause, ask the landlord - they may be willing to accommodate your request, but you cannot require it.
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