Cancel vs. Terminatation of RE Lease
This is a discussion on Cancel vs. Terminatation of RE Lease within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Oregon law stipulates that: On cancellation or termination of the lease contract, all obligations that are still executory on both ...
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Oregon law stipulates that: On cancellation or termination of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives. If canceled, the canceling party also retains any remedy for default of the whole lease contract or any unperformed balance. If canceled can the landlord still sue for the remaining balance owed on the lease until relet?
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If a LL cancels a residential lease by eviction or asking the tenant to move, that law says you cannot sue for the remainder of the lease. The remainder of the lease obligations are discharged, but you can sue for any money owed before they vacate for rent, damages, or other fees/utilities.
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