Beaverton, OR asked in Landlord - Tenant for Oregon

Q: If the landlord did not provide a tenant with a lease agreement copy, and loses the original copy in the state of Oregon

Does the lease default to a month-to-month contract. There is no evidence of a lease.

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

A: Technically no since both parties, if asked under Oath, have to admit to there being a written fixed term lease. Beyond that, however, the burden to prove the terms of the written lease rests on the party trying to assert the lease terms. If the other side agrees (such as the lease terminated on September 30, 2021...), fine. But if they dispute it, without a copy to show the court, it will be difficult for someone to prove the disputed term(s).

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