Q: If landlord serves me a 90 day no cause eviction letter. Can I give 30 days notice and not be liable for 60 days rent?
Basically am I liable for 2 months rent?
A: You must be on a month to month tenancy to be given a 90 day no cause notice, and it must be for either the landlord to move an immediate family member in or because he has sold the place and the buyer wants to live there as their primary residence. The notice had to have been in writing (no text, emails, etc.) and properly served. If the dwelling is within the Portland city limits, then a variety of other requirements likely apply, including payment of relocation assistance or proof of a waiver. If any of this did not happen, you may have an invalid and unenforceable notice, as well as being potentially due monetary damages from the landlord. As for your specific question, yes you are on a month to month tenancy, you can terminate your tenancy before the 90 days is up by providing at least 30 days prior written notice. Assuming you are out by day 30, you would owe no further rent. Do be aware, however, that by giving your own notice to terminate your tenancy before the 90 days you may lose any right to a relocation assistance payment from the landlord that you would otherwise be entitled to. Good luck.
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