Happy Valley, OR asked in Landlord - Tenant for Oregon

Q: My husband died and I cannot afford the bills want to give back the property so I don't have an eviction on my record.

There are two other people staying in the house they are not on the lease can I do this and give back the keys to the landlord so he can take back property and change locks.

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

A: In your situation, wanting to return the property to avoid an eviction is understandable, but it's important to handle this correctly under Oregon law and your lease agreement. Simply returning the keys does not automatically terminate your lease or responsibilities.

First, review your lease agreement for any clauses regarding early termination due to financial hardship or other circumstances. Many leases have specific procedures for this situation.

Communicate with your landlord as soon as possible. Explain your circumstances and your desire to avoid an eviction. It's possible that your landlord may be willing to work out an agreement, such as an early lease termination, that would prevent an eviction from being filed.

As for the two other people staying in the house who are not on the lease, they are your responsibility as the leaseholder. Inform them of your plans and that they will need to vacate the property. However, be aware that if they refuse to leave, the landlord may need to initiate formal eviction proceedings.

Seeking legal advice in this situation is advisable. An attorney can help guide you through the process of negotiating with your landlord and ensuring that your actions are legally sound, especially in light of your difficult personal circumstances.

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