Q: Am I required to pro-rate rent of a month-to-month agreement if a tenant gives a 30-notice of termination in Oregon?
Our tenant gave a 30-day notice that she was terminating our month-to-month rental agreement on September 10. She claims that we are required to prorate for that period and only charge her for the 10 days she lived in the house in September, not for the full month of September. The agreement begins on, and the rent was due on, the first of each month. The lease, which she has a copy of, does not state that we will prorate any part of the monthly rent without prior agreement. She had lived in the house for three years and originally signed an annual lease that reverted to month-to-month when she refused to sign a new annual lease.
A: It depends what you mean. IF she gave at least 30 days advanced written notice, and the notice contained all the required information and was lawfully served, then she owes rent through the 30 day notice date or when she restores possession to you, whichever is later. However, if that date falls on other than the first day of the rental period, the landlord owes the tenant a pro-rated refund of their prepaid rent within 31 days of having possession restored. It doesn't matter if it is so specified in a lease - it is required by Oregon law. Rent accrues daily, not monthly, in Oregon.
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