Breaking a Lease Early in Oregon: What Are My Options?

If you leave without a legal reason

1. 1

   If you break your lease and it ends, your landlord may claim the rent you owe. Your landlord may also make a separate claim for the actual loss from the broken lease.

   Source:

   1. ORS 90.430, Oregon State Legislature. Law.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

2. 2

   If you abandon the home (leave and give it up), your landlord must try to rent it again for a fair rent. If a new renter's lease starts before yours ends, your lease ends that day. If your landlord does not try, your lease is treated as ended the day the landlord knows or should know you left.

   Source:

   1. ORS 90.410(3), Oregon State Legislature. Law.

When you can leave early

3. 3

   If your landlord seriously breaks the lease or certain landlord duties in the law, send a written notice saying what is wrong. The law gives your landlord 7 days after they get it to fix an essential service problem, or 30 days for any other. If they do not, your lease ends on the date in your notice. The date is at least 30 days after they get it, or 7 days for week-to-week rentals.

   Source:

   1. ORS 90.360(1)(a)-(b), Oregon State Legislature. Law.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   From Oregon Law Help (tenant guide).
   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

4. 4

   If your landlord does not supply an essential service, send a written notice. It says your lease ends in not less than 48 hours unless your landlord fixes the problem in that time. The lack must be an imminent (about to happen) and serious threat to your health, safety or property. Radon, asbestos, lead-based paint, and the future risk of flooding or earthquakes do not count.

   Source:

   1. ORS 90.365(2), Oregon State Legislature. Law.

After you move out

5. 5

   Your landlord may take from your deposit only the amount reasonably necessary. That covers your broken lease promises, including unpaid rent, and repairs for damage you caused. Normal wear and tear (normal use over time) is not included.

   Source:

   1. ORS 90.300(7)(a), Oregon State Legislature. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

6. 6

   To claim any of your deposit or prepaid rent, your landlord must give you a written accounting (a list) that states the reasons. The law gives your landlord 31 days after your lease ends and you hand over the home to send it and return the rest.

   Source:

   1. ORS 90.300(12), Oregon State Legislature. Law.
7. 7

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days after you get that notice to write back. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
8. 8

   Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

   Sources:

   1. Our editorial rules.
   2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
   Tip.

   If you get court papers, do not ignore them. Go to court, or you can lose the case.

   From Consumer Financial Protection Bureau.

Special protections

9. 9

   You can end your lease with written notice and proof of official orders. The orders can show that you are joining the Armed Forces for active service. They can also show that you are in a reserve force or the National Guard. You must be ordered to serve outside the area for more than 90 days. You owe no penalty, fee or charge, lose no deposit, and owe no rent after the ending takes effect.

   Source:

   1. ORS 90.475(1), Oregon State Legislature. Law.
10. 10

    You can end your lease with written notice and proof of official orders. This is for members of the organized militia called into active service by the Governor for 90 or more consecutive days. Your lease ends on the earlier of 2 dates. One is 30 days after your next rent payment is due. The other is the last day of the month after the month you give notice.

    Source:

    1. ORS 90.472(1)-(3), Oregon State Legislature. Law.
11. 11

    You can end your lease if you are a victim of domestic violence, sexual assault, stalking or bias crime (a hate crime). Send your landlord a written notice that asks to be released. Send it at least 14 days before the release date you name. Also name any immediate family to be released with you. Add proof.

    Source:

    1. ORS 90.453(2), Oregon State Legislature. Law.
12. 12

    Proof can be a court order that protects you or a conviction. It can be a statement signed by you and a qualified third party. If you feel safe, a police report is another choice. You can also write down what happened. The act must be within 90 days before your notice, unless an order of protection covers you. Time the abuser spent in jail or over 100 miles away does not count.

    Sources:

    1. Our editorial rules.
    2. ORS 90.453(1)(c), Oregon State Legislature. Law.
13. 13

    If you are released from your lease as a victim, you owe no rent after the release date. You owe nothing for damage to the home after that date. You owe no fee just because the lease ended. The same is true for family members released with you. Other tenants stay bound by the lease.

    Sources:

    1. Our editorial rules.
    2. ORS 90.453(4), Oregon State Legislature. Law.