Happy Valley, OR asked in Landlord - Tenant for Oregon

Q: Can I give a property back to landlord two people are staying there not on lease to prevent and eviction.

My husband died and want to give back property can I do this so landlord can change the locks.

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James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Oregon, if you're looking to return a rental property to the landlord due to your husband's passing and unauthorized occupants staying there, the process depends on the terms of your lease and state laws. Generally, you can't simply hand over the property to the landlord without following proper legal procedures, especially if there are people living there who are not on the lease.

First, review your lease agreement. It likely contains clauses about early termination and the process for handling such situations. If the lease allows for early termination under certain conditions, follow those guidelines.

Next, communicate with your landlord. Explain the situation and express your desire to end the lease. It's important to formalize this communication in writing, outlining your reasons and any proposed terms for vacating the property.

Regarding the unauthorized occupants, the landlord has the right to enforce the lease terms, which typically include rules against unauthorized residents. However, removing them may require legal action, such as an eviction process, which the landlord would need to initiate.

It's advisable to seek legal advice to navigate this situation properly. An attorney can help you understand your rights and obligations under the lease and Oregon law, and guide you on the best course of action in this difficult time.

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