Portland, OR asked in Landlord - Tenant for Oregon

Q: On a month to month if I give a 30 day intent to vacate and then can’t can they make me leave on the exact date I listed

I am having a home placed and issues came up with permits and my move date needed to get pushed back a couple weeks and the manager said “no I can’t make an acception I have no wiggle room your apartment is already rented” I have no where to go with my kids

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

A: A landlord can hold you to whatever date you have submitted as your move out date - and, as you note, can rely upon it for re-renting purposes. That said, if you fail to vacate on or before the date specified, the only thing the landlord can do (besides stew, fume, rant, etc.) is file to evict you based upon the date in your termination notice. If you have been in close contact with your landlord, hopefully they will understand and believe you will be out and not bother filing to evict you. Or they can file. If they do, your first court appearance will be in 7-14 days from filing. As long as you are out by then, the lawsuit should be dismissed (be sure you go to court to see that the case against you IS dismissed). Even then, you might be able to make a deal with the landlord to be out in another 10 days or whatever you need.

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