Asked in Landlord - Tenant for Oregon

Q: I qualify for low income housing, I’m trying to break my lease.

My apartment manager says with my 30 days notice, I have to pay in full before I move out to break my lease. My name on the waiting list have been for a year and a half, I’m a single mom. I asked if I could make payments because I don’t have the money to pay all that in full, and pay my new rent and deposit for the other place. Manager says not his problem, once I sigh the paper, if I change my mind about leaving before 30 days. I will still have to move out. Is this even legal? Specially with covid. I have never missed a payment here for the last year and half, this doesn’t seem fair..

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

A: Your manager is correct about you being obligated to move out once you give written notice - he does not have to let you change your mind about either the date or if you are going to leave. He is wrong however about you having to pay any penalty before being able to leave. Make no mistake - you likely will still owe the penalty but he cannot refuse to let you move out or force you to continue accruing more debt to him. Simply give your notice and move out. It is his problem how/when/if he ever collects anything from you.

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