Chapter 8: Moving Out

A. Regular Terminations
B. Early Terminations

A. 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(3))

Lease Agreements

These 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 and Eviction for Cause)

Shutting It All Off

If you move, make sure you contact the utility company right away to have the services shut off, or you may be billed for the next tenant's services. The individual whose name appears on the bill is legally responsible.

Cleaning It All Up

The condition in which the tenant leaves the rental largely determines how much of the deposit will be returned, and whether the tenant will be held liable for damages.

The tenant should return the rental in the same condition as when he moved in. Tenants should ask the landlord to walk through the unit with them a few weeks before moving out. Go through the Inventory and Condition Report used upon moving in. If the landlord notices minor damages that are easily repaired, the tenant should try to make the repairs.

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.

B. 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, the tenant should notify the landlord as soon as possible that he will be leaving, even if the notice will be given less than 30 days before the tenant moves. This notice should state when the premises 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 the tenant moves out early, he cannot be held liable for rent beyond the 30 days.

Lease Agreements

In lease agreements, the notice serves to tell the landlord that she needs to begin looking for a new tenant to minimize losses. Before giving notice, the tenant should be certain that he can be moved out by the termination date. Otherwise, the landlord can bring an eviction action based on the tenant's notice.

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), 90.125(1)) 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.

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 the tenant terminates in this manner, she is not responsible for any rent due after the termination, and is entitled to recover prepaid rent and any otherwise refundable deposit. (90.360(4))

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) (page 36);
• abuse of the right to access (90.322(7)) (page 31);
• a retaliatory rent increase, service decrease, or threat of eviction (90.385(2), 90.375) (page 47); and
• materially dangerous or unhealthy dwelling (90.380) (page 38).
  

A tenant who relies upon any of these violations for the right to prematurely end a rental agreement should notify the landlord in writing promptly. 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.

Chapter 7: Other Remedies for Extreme Situations | Top | Chapter 9: Evictions and Other Landlord Remedies
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