Regular Terminations

Week-to-Week & Month-to-Month Agreements

These agreements may be terminated by either the tenant or the landlord after delivery of proper, written notice (10 days in the case of weekly agreements and 30 days for monthly agreements). (90.427)

Note:   It is best to state the actual date of termination to avoid confusion as to when the 30 days begins. If the end date does not coincide with the end of the rental period, rent will be prorated. Remember that a notice served by mail must add 3 days to the 30 days, and the notice must state the fact and extent of this extension. (90.155(2))

Lease Agreements

Lease agreements terminate as specified in the lease unless the tenant or the landlord exercises a right to terminate for cause. (See Tenant Remedies for Lack of General Repairs; Early Terminations, and Eviction for Cause)

Shutting It All Off

When you move, make sure you contact all the utility companies you pay directly, to tell them the date to shut off services and close your account. If you don't do this, you may be billed for the next tenant's services. The individual whose name appears on the bill is legally responsible for its payment.

Cleaning It All Up

The condition in which you leave the rental should largely determine how much of the deposit the landlord will refund to you, and whether you will be held liable for damages.

You should return the rental in the same condition as when you moved in, except for normal wear and tear. A few weeks before moving out, ask the landlord to walk through the unit with you. This is not required by law, but many landlords will do it. Regardless of whether your landlord does or not, bring a friend along to be a witness to the condition you leave the place in. Go through the Inventory and Condition Report you used when you moved in. If the landlord notices minor damages that are easily repaired, try to make the repairs before moving out. You can also take photos or video to document the condition you left the place in.

The rental should be cleaned thoroughly and left in good condition. Tenants who leave a rental in good condition may be able to use their landlord as a reference for future rentals (see Recovering the Deposit). The keys should be returned to the landlord after everything is moved out and the place is clean.

Early Terminations

If a tenant moves out before giving appropriate written notice to end a month-to-month agreement, or before the end of a lease, the tenant may be responsible for all or part of the remaining rent until the tenancy would have otherwise ended.

An irregular termination can also cost the tenant all or part of a deposit, and can result in a landlord suing the tenant for the remaining unpaid rent.

Month-to-Month Agreements

In month-to-month agreements, you should notify the landlord as soon as possible that you will be leaving, even if the notice will be given less than 30 days before the tenant moves. This notice should state when the unit will be available for a new tenant. The notice should also state that the tenancy will terminate on a date 30 days after the notice is delivered (or after the 33rd day if mailed). (90.427(2)) That way, even if you move out early, you cannot be held liable for rent beyond the 30 days.

Lease Agreements

In lease agreements, the notice serves to tell the landlord that they need to begin looking for a new tenant. Before giving notice, you should be certain that you can be moved out by the termination date. Otherwise, the landlord can bring an eviction action based on your notice.

Exceptions for Tenants Serving in the Armed Forces

If you are enlisting, serving, or ending your service in the armed forces or member of a National Guard, or a member of the Public Health Service assigned to work with the Army or Navy, you may terminate your rental agreement without suffering a penalty, fee, or loss of deposit based on that termination.  You must provide your landlord with proof of official orders, and you must give notice that is the later of:

• 30 days;
• 30 days before the earliest reporting date on orders for active service;
• A date specified in the notice;
• 90 days before your service ends, in the case that you are terminating your are ending your service with the armed forces (90.475)

Additionally, if you are a state service member who is called into active service by the Governor you may end a rental agreement without a fee, penalty or loss of deposit by giving written notice of 30 days after the next rent payment is due, or the last day of the month after the month in which you give notice, whichever is earlier. You must provide proof of official orders showing you are a state service member. (90.472)

Exceptions for survivors of domestic violence, sexual assault or stalking

If you are a survivor of domestic violence, sexual assault or stalking, you may be able to terminate your rental agreement with 14 days notice without having to pay a fee due to that termination. To give notice in this situation, provide your landlord with written notice that includes:

• A request to be released from the rental agreement;
• The date you want the tenancy to end;

and either:

• Verification that you are under a valid order of protection (restraining order); or
• A police report, conviction, or “qualified third party verification” form (see sample form in Appendix D) stating that you have survived domestic violence, sexual assault or stalking in the last 90 days.

Landlord's Duties

The law provides that:

• The landlord must take reasonable steps to find a new tenant ("mitigate losses");
• The former tenant's responsibilities end as soon as a new tenancy begins; and
• The landlord may not recover rent from the former tenant if the landlord fails to make reasonable efforts to re-rent the premises as soon as notice has been given. (90.410(3) For example, if the former tenant can find someone who can take over as a new tenant, the landlord will need a good reason to reject the new tenant in order to hold the old tenant responsible for any future rent.

"Fix or I Quit"

ORS 90.360(1) permits a tenant to serve a written "fix or I quit" notice if the landlord "materially" violates the habitability requirements of the landlord's obligations. (See Fix or I Quit)

If the landlord fails to remedy the problem within the time allowed, the tenancy terminates on the day specified in the notice. (Remember to add 3 days for mailing.) If you terminate in this manner, you are not responsible for any rent due after the termination, and are entitled to recover prepaid rent and any otherwise refundable deposit. (90.360(5)) (See Fix or I Quit)

Other Irregular Terminations

Other violations which give a tenant the right to terminate a rental agreement are:

• lockout and utility shutoffs by the landlord (90.375);
• abuse of the right to access (90.322(8));
• a retaliatory rent increase, service decrease, or threat of eviction (90.385(1), 90.375); and
• materially dangerous or unhealthy dwelling (90.380).

A tenant who relies upon any of these violations for the right to prematurely end a rental agreement should promptly notify the landlord in writing, and it's recommended to consult with an attorney in advance. A court is unlikely to let a tenant out of a long lease because of an unlawful entry which occurred months before the tenant decided to leave. Written notice is not expressly required by any of these statutes, but it can be important evidence if the dispute ends up in court.

Recovering the Deposit

A landlord must return any unused portions of a deposit within 31 days after you have moved out, (90.300) provided that you have done all of the following:

• Paid all the rent on time;
• Given suitable notice of termination;
• Returned the keys; and
• Left the unit in good repair.

The landlord must also deliver, within the same period, a written statement of the amounts and reasons for all deductions the landlord is taking from the deposit.

Note:   If you don’t get a refund because the landlord or the post office didn't have a forwarding address, the court will not hold the landlord responsible.

The amount that the landlord can deduct from the deposit is limited to the reasonable amount needed to:

• make up for any unpaid rent or other unpaid costs as per the rental agreement; and
• repair damages to the premises caused by the tenant, not including normal wear and tear. (90.300(4) and (5))

When you move out, it is best to leave the unit as clean as it was when you moved in, and get the landlord or a reliable witness to inspect it with you. The list below covers areas for which landlords frequently deduct if they are not clean:

• bathroom, walls, fixtures, floors, and all tiled areas;
• kitchen, including range, refrigerator, cabinets, counter, sink and floor (including the floor under appliances, such as the refrigerator);
• closets;
• furniture;
• floors, perhaps including shampooing rugs, sweeping balconies, and scrubbing linoleum and wood;
• drapery rods, drapes; and
• ashes removed from fireplace.

You are not required to leave the place cleaner than you found it, but this list contains details which landlords often claim are overlooked by tenants.

If there is a deposit and a cleaning fee, the tenant is not responsible for cleaning whatever the fee is for (e.g., if it is for rugs, you don’t need to clean the rugs). The landlord may not charge both a fee and a deposit for the same cleaning, unless it costs even more than the fee to repair damage or clean that item..

"Normal Wear & Tear"

You must leave the unit in the condition you found it, minus normal wear and tear. Normal wear and tear often includes worn-out rugs, furniture, and sometimes paint. Normal wear and tear does not include broken windows or furniture, cigarette burns, and dirty kitchens or bathrooms..

Tell the Landlord You’re Moving

Often the landlord is not available to inspect the dwelling. In that case, plan ahead, send a letter which outlines your planned cleaning and lists any damage. If you send it early enough, it could be part of your 30-days notice. The letter might look like the following:

You should hand deliver or send the letter by first class mail 3 days before the 30-day period begins to make sure the landlord receives the notice on time. If mailed, the notice should state that 3 days have been added to the 30-day period. The tenant can get a "certificate of mailing" from the post office for proof of the date of postage. Note that this is different from certified mail. landlord With certified mail, if the landlord refuses to sign for certified letters, they will not count as received. It is recommended to obtain a "certificate of mailing" instead.

Note:   It is illegal to make the return of a deposit contingent on a tenant's remaining for a specified length of time (e.g., "The deposit is refundable if you stay longer than 6 months.") (90.300(6)) However, this does not prohibit a non-refundable fee for such a purpose.

Interest on the Deposit

Oregon does not require the landlord to pay interest to you on your deposit. If the rental is managed by a real estate licensee, all interest earned on the deposit (except prepaid rent) goes to a fund administered by the Oregon Housing and Community Services Department. (458.350) The fund is used to provide housing for low-income people.

Unreturned or Misused Deposits

The landlord has 31 days to return the deposit or return a portion of it or none of it, and provide an accounting listing how the deposit was used. If the landlord fails to do so, you may be entitled to twice the amount:

• withheld without a written accounting; or
• withheld in bad faith.

If the landlord refuses to return the deposit or neglects to provide you with an accounting within 31 days, you may sue in Small Claims Court.

Contesting Use of the Deposit

If you disagree with the landlord's accounting, discuss it with the landlord. If an agreement cannot be reached, you may decide to contest it in court.

You should be prepared to show exactly how the unit was left and to prove that the items the landlord claimed in the accounting they used the deposit for were either:

• not done as claimed; or
• not necessary because the tenant had already done them; or
• were not the tenant's responsibility because such work had not been done upon moving in.

If the landlord gives an accounting in good faith and refunds an amount which the court finds to be less than the tenant should have received, the court should award the tenant the difference.

Penalty: Tenants can receive up to twice the amount that should have been refunded if the court finds that the landlord withheld the money without an accounting or in bad faith (including an accounting which was made in bad faith). (90.300(14))

The landlord may, however, assert any claim for damages against the tenant. For example, a tenant may be entitled to $300 because the landlord failed to refund a $150 deposit and gave no accounting, while the landlord could argue that the $300 should be reduced because the tenant broke a window which cost the landlord $75 to repair.