Q: Do I have to pay back relocation fees in Oregon if I don't move on time?
My landlord gave me a no-cause eviction because he plans to sell the house. He paid the relocation fees as well. I have found a new house, but it is not available until 1 week after the termination date. He is pretty insistent that I need to be on the specified date. It would not be easy for me to do and I really don't have anywhere to go between places. All I can find on-line is that if I don't move out, I will have to pay back the funds. I can not find anything that states what happens if I do move out, just not on the specified date. I am not so worried he will try to evict me- by the time he serves me a notice, I will probably already be gone. What I am concerned about is a) having to pay back the relocation fund if I stay an additional week and b) can he keep my security deposit? I will, of course, pay for the additional days I would be there.
A: In the end, as always, it would be up to the Judge. I know of no prior court decisions to guide, let alone control, a Judge's decision on this matter. That said, if I represented a tenant, I would argue that the payment was mandated to help provide funds for a tenant to move and they did. The landlord's notice terminated the tenancy and provided him a means of enforcing it - all as contemplated by the Ordinance. Further the Ordinance provides for a non-vacating tenant paying back the relocation assistance under specific circumstances but not under these. It could have, but does not so they must not have intended it to be recoverable by the landlord and finally, there is no legal basis provided for the landlord to recover it. All this said, yes, a landlord may try to withhold it from a deposit refund but you can challenge that in court and if successful, collect twice the amount withheld, plus your costs and attorney's fees. Good luck.
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