The Laws You Must Know Before Breaking a Lease in Oregon
A lease is a legal document that specifies the terms of your agreement to rent a property or unit from the owner. It outlines the rights and responsibilities of both parties. If you are a renter in Oregon and need to get out of your lease, keep in mind that by breaking the lease legally, you can avoid fees and penalties and may avoid paying rent for the duration of the lease. Each state has its own set of laws. By understanding your rights and the laws that govern tenant protection, you may legally break your lease in Oregon and avoid costly fees and penalties, lawsuits, and a negative impact on your credit rating.
DoNotPay offers a Break My Lease product that walks you through the steps to break your lease legally. In just three easy steps, it provides a quick way to keep you in compliance with Oregon lease laws and protects your rights.
What Are the Legal Reasons to Break a Lease in Oregon?
Since your lease legally binds you, start by looking at it to see any provisions for breaking your lease. Sometimes, leases give room for a tenant to sublet without penalty, leave because of proven hardship, or other reasons specific to your rental. Be sure, if any of these provisions pertain to you, that you follow procedures as outlined in your lease. It is always a good idea to discuss with your landlord if you have hardships or family emergencies that may make it difficult to fulfill your lease.
Oregon law does provide some reasons to legally terminate your lease without paying the remainder of the rent due on the lease:
- If you or your dependent is a victim of domestic violence, sexual assault, or stalking.
- If you are an active service member, are being deployed or sent to another duty station.
- Your unit is uninhabitable, unsafe, or violates Oregon's health and safety building codes.
- Your landlord is harassing you or entering your rental unit without 24 hours notification.
What Are the Consequences of Illegally Breaking Your Lease?
Of course, each set of circumstances is different. But if you illegally break your lease, you could be penalized in several ways:
- You could be responsible for the entire amount of rent due until the lease legally terminates.
- You could be charged for any damages or may lose your security deposit.
- Your landlord could sue you, and you could incur court costs.
- Your landlord, under Oregon law, must attempt to rent your unit. If successful, you are only responsible for the rent for any time when the unit was not rented. However, if unsuccessful, you are still responsible for the total.
- Breaking a lease could hurt your credit rating and could keep you from being approved on another rental application.
How Can You Break Your Lease on Your Own?
If you decide to break your lease on your own, speak with your landlord. You will need to put in writing the proper notification for the reason that you want to leave. Give as much notice as possible. Check your lease for any information on sublets or other mitigation requirements.
|Lease Type||Notice Time||Statute|
|Fixed Date||30 Days||Ore. Rev. Stat. § 90.427(3)(b)|
|Week to Week||30 Days||Ore. Rev. Stat. § 90.427(3)(b)|
|Month to Month||30 Days||Ore. Rev. Stat. § 90.427(3)(b)|
|Year to Year||30 Days||Ore. Rev. Stat. § 90.427(3)(b)|
What if You Cannot Do It on Your Own?
That's where DoNotPay comes in. We can help you quickly and easily prepare the documentation needed to break your lease legally. We can help with:
- Filing an SCRA Protection Letter for active military
- Filing a State Tenant Law Protection Letter for the legitimate reasons above.
- Sending a hardship letter. Though not protected by law, your landlord may be more receptive to your plight once you explain your hardship conditions.
- Notify the Landlord of the Requirement to Mitigate Damages. The landlord can then begin to try to rent the property.
How Can DoNotPay Help Me Legally Break My Lease?
DoNotPay has a Break My Lease product that allows you to easily and quickly prepare and send the required documentation to break your lease legally.
Here's how you can get started in 3 easy steps:
- Search Break My Lease on DoNotPay.
- Prepare a signed copy of your lease that you can use as a reference and enter the state the lease was signed in.
- Let us guide you through the 4 potential options.
- If you're a uniformed service member breaking a lease to fulfill your service obligations, we'll send your landlord an SCRA Protection Letter.
- If you're breaking your lease for a reason protected by your state's tenant laws, we'll write your landlord a letter detailing your protections for breaking the lease under the relevant law.
- If your reasons for breaking your lease aren't protected by federal or state law, but you'd like to try to convince your landlord to let you break the lease through mutual agreement, we'll draft a hardship letter making your case to your landlord.
- If there are no remaining options for breaking the lease with protection, but your state requires landlords to mitigate damages to tenants who break their leases, we'll notify your landlord of that obligation and minimize the remaining rent you have to pay.
And that's all there is to it! DoNotPay will prepare and send your document. You should get a response from your landlord in a few weeks.
What Else Can DoNotPay Do?
To find out more information about legal reasons to break your lease in your state, refer to this table:
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