leaving before the terms of a lease are up

I am renting a room in a house and I gave my landlord 30 days' notice that I wanted to leave. From what I understand, whenever a tenant terminates a lease early, the landlord has an obligation to try to rent the unit to someone else; this is known as the obligation to “mitigate damages.” My landlord has made no attempt to fill the room, though I have been running adds.

In addition, this landlord is really disorganized and can't even find the lease. New housemates moved in 3 months ago and signed a lease; it was my recollection that I didn't sign at that time, nor did I receive a copy of it.

With his failure to mitigate damages and no copy of the lease, where do I stand legally if I move out at the time I said I was going to?

33 states require that the LL try and mitigate damages by re-renting promptly. Other states do not have this requirement. Some state laws actually say that the LL has NO obligation to re-rent and that the leased tenant remains responsible until lease end. Please list your state for state specific info.

Just because ads have been placed does not mean the LL must accept just any tenant. Any applicant still must meet all the requirements of an acceptable tenant. If no applicant meets those requirements, the LL can still be judged to have done his due diligence to re-rent. It is very difficult to find qualified applicants at this time of year (mid-November to late January). People with good credit, stable employment, and good LL references just don't move now. They have already moved prior to the holidays. Most applicants now will not meet qualifications. People who want to move now usually are being evicted or have been asked to move. Good tenants don't move through the holidays. Is the LL accepting applications and showing the unit? You would have to prove that he is not attempting to mitigate (if he is required to in your state.) If he is taking phone calls, showing the unit, and accepting applications, he could be judged to be attempting to mitigate. Only if he turned down a qualified tenant would be be failing to mitigate.

You did not need to sign with the other roommates if you had already signed a lease previous to this. Did you not receive a copy of your lease when you signed? (A missing lease always seems to turn up just prior to any court hearing!) You could have asked for a copy of your lease at anytime if you did not receive a copy. That does not invalidate a lease.

Unless you are sure that the other applicants are qualified, you will be held responsible for the rent until it is re-rented (that could be a while yet.) You will also be responsible for advertising costs, agent fees if he uses one to find a new tenant, unpaid utilities, and any other non-reimbursed expenses. Sorry. A lease is a legal contract. It is not easy to break without just cause.

1. I'm in Oregon- where does it list which states require the landlord to attempt to fill the room?

2. The landlord has thus far made no attempt whatsoever to find someone; I've been doing everything. I hear what you say about a hard time to get someone to move in. Not getting many bites to the adds I've put out. However, if Oregon is one of the states where mitigation is required, it would be easy for me to demonstrate that he's done nothing.

3. Regarding the lease: NO ONE has a copy- not the landlord, not any of the three tenants. So even though I don't think I signed it 3 months ago, it's seems like a moot point. Also, my original 1 yr. lease was up at the time. So if I didn't sign a new one, or if he can't produce one, it would seem to me that I'm not under a lease.

4. As far as why I'm moving: "People with good credit, stable employment, and good LL references just don't move now." My credit is fine, I have a stable job, and my past LL references are fine. I want to move because my roommates have pot in the house all the time and aren't considerate about noise late at night. I'm a teacher; I can't be in a situation where there are illegal drugs in my place of residence. To me, that seems like a pretty good reason to move. Also, I have 2 weeks off for winter break, which is a very convenient time for me to make the change. This is not a card I want to play, because I have no desire to get the roommates in trouble; I just can't be around this with my profession.

My lease was up. I don't believe I signed a new one, and no one has a copy. The landlord has not performed due diligence in making even the slightest attempt to fill my spot, even though I've spent the last 3 weeks put up adds and calling people. If he has no proof that I'm on the lease, and hasn't attempted to mitigate any possible damages- coupled with the illegal activity going on in the house- it would seem to me that I've got some bargaining power.

Thank you very much for your detailed response. I look forward to hearing what else you have to say.

I have to agree with you that making such a stereotypical, generalized statement such as "good tenants don't move this time of year" is complete hogwash. There are many reasons people move this time of year.

Your landlord, under Oregon law, was required to provide you a copy of your signed lease when you both signed it. That said, while it's odd you don't remember signing a new lease, if your original lease was up after 1 year, and that year has gone by, you are now considered a month to month tenant, and can terminate at any time. Under a lease, you would be liable for the entire lease term if you moved out early, but since you are now a month to month, you can move out and not be held liable for the remainder of the terms of the original lease. Why does nobody have a copy of any of these leases? The landlord should have, at the very least, the originals. Under Oregon law, landlords are required to provide their tenants copies of their leases.

It is not up to the tenant to places ADS (no extra d) for re-renting the unit. That is the responsibility of the landlord. Under Oregon law, the landlord has an obligation to try to re-rent, otherwise known as obligation to mitigate damages. It's unclear why you are placing these ads instead of the landlord.

Where you stand legally is, you can move out without risking having to pay further rent. You are considered a month to month tenant. You DO risk having to pay another month's rent if you don't move out by your move out date, which you would have provided to your landlord when you gave notice.

I agree, it is odd that I can't remember signing the lease, but this guy is really a hands-off landlord. I've never met him in the 18 months I've lived here, and communicate to him only through e-mail. It's not like I sat down with him to have a discussion about the lease.

However, I know how poor my memory is, and I could be wrong about this- about having signed it, that is. I've just been trying to find out how worried I should be if no one has a copy and the landlord has not mitigated damages. The ads I've placed have just been to cover my butt in case I'm mistaken and am covered by a lease.

All the responses have been very helpful. Thank you.

OR law does require the LL to mitigate. However, since the tenant hasn't left yet, there is no need. The room has not yet been vacated so no need to mitigate now. He doesn't have to do anything until AFTER a tenant moves out. Then he has to attempt to re-rent promptly. No law requires a LL to mitigate before the unit is empty. This only applies to someone breaking a lease. If you are a m2m tenant, this doesn't apply to you at all! (Not sure why you asked about terminating a lease earl;y if you didn't sign one.)

You can bet the LL has a copy of the others' lease somewhere if they signed it. Even if he claims not to know where it is, he would find it if he needed it. If you didn't sign it and yours didn't renew, you are a m2m tenant and can give proper 30 day written notice to vacate. If you didn't sign it, you are not terminating a lease early! Their lease doesn't affect you. You can leave at any time without further obligation. No need to mitigate damages! Once you give notice to vacate on a m2m, you have no more obligation.

It is not stereotyping to say that few good tenants move now. You just happen to be one of those few. Ask any LL how many good tenants have applied in December. They'll tell you. It's a well-known fact of the rental business. (It's also why you see so many signs in front of the complexes now that say "Rent Special", "Now Leasing", "Free Rent", and all those other incentives to draw people in. It's just hard to find good tenants this time of year. They try anything to attract tenants now. You don't see those signs in prime rental months in the summer, do you?

You are the exception to the rule. This just happens to be the one break you have. Even you would have to admit that if you could move at some other time of the year, you would. It is no fun moving through the holidays. The cold wet weather, the traffic, the business closures, the inconvenience during this most busy time of the year, the disruption of the festivities, make it hard to do. That's why most people shy away from moving now. Fewer people respond to ads as you have found. Those that do are often forced to move. (Even you are being forced to move in a sense - to protect yourself. If it weren't for your roommate's' behavior, would you be moving now? Its a shame that your roommates can't act civilized.) So it is true that few good tenants move this time of year. You just happen to be one of those few. The good news for you is that you should be able to get a good deal on a unit now!)

You should email your landlord and request, in writing, a copy of your lease, and ask for any updated copies you may have signed. By Oregon law, the landlord is required to retain copies for his own record keeping AND to provide a copy to tenants. If he does not provide you with one, you'll have written record that you requested and he did not comply. The first order of business is obtaining a copy of any and all leases you DID sign.

Even if you were to find another renter, it is not your responsibility to do so. It is his business, and only he can approve who he rents to. He should have rental application, background (credit) screening in place, references, etc. Only he can do that.

This isn't about whether or not "good" tenants are difficult to find or any of that drivel, you are not liable for finding a tenant for the landlord anyway, and you are considered a month to month since your lease expired. Even if you didn't sign a lease, you would be considered month to month and as such, can give 30 day notice whenever you want to. And even if you were still within the lease agreement, you still would not be responsible for finding the landlord a new tenant.

You don't have any further financial liability once you move out (besides security deposit refund, and making sure the unit is in good condition so you don't forfeit your S.C.) UNLESS you stay over your move out day. Period. There really isn't anything more to add.

Originally Posted by Unregistered 33 states require that the LL try and mitigate damages by re-renting promptly. Other states do not have this requirement. Some state laws actually say that the LL has NO obligation to re-rent and that the leased tenant remains responsible until lease end. Please list your state for state specific info. Just because ads have been placed does not mean the LL must accept just any tenant. Any applicant still must meet all the requirements of an acceptable tenant. If no applicant meets those requirements, the LL can still be judged to have done his due diligence to re-rent. It is very difficult to find qualified applicants at this time of year (mid-November to late January). People with good credit, stable employment, and good LL references just don't move now. They have already moved prior to the holidays. Most applicants now will not meet qualifications. People who want to move now usually are being evicted or have been asked to move. Good tenants don't move through the holidays. Is the LL accepting applications and showing the unit? You would have to prove that he is not attempting to mitigate (if he is required to in your state.) If he is taking phone calls, showing the unit, and accepting applications, he could be judged to be attempting to mitigate. Only if he turned down a qualified tenant would be be failing to mitigate. You did not need to sign with the other roommates if you had already signed a lease previous to this. Did you not receive a copy of your lease when you signed? (A missing lease always seems to turn up just prior to any court hearing!) You could have asked for a copy of your lease at anytime if you did not receive a copy. That does not invalidate a lease. Unless you are sure that the other applicants are qualified, you will be held responsible for the rent until it is re-rented (that could be a while yet.) You will also be responsible for advertising costs, agent fees if he uses one to find a new tenant, unpaid utilities, and any other non-reimbursed expenses. Sorry. A lease is a legal contract. It is not easy to break without just cause.

I am unfamiliar with Oregon state laws, but I would agree with paragraph 3 of the above reply in [quotations]. Lawyers do it in/out of court quite frequently. I see that as a red flag in your post.
It could be the L.L. may be taking advantage of your lack of memory regarding if you signed a lease or not? He could go into court at a later date and claim he found a copy of the lease after he talked to you about it and then you would be S.O.L.! If it where me, I would send him a certified letter R.R.R., asking him to send/mail you a copy of the lease you believe you may have signed. That way, at least you put him on the record one way or the other, whether he has it or not. Otherwise it is the L.L. word against yours in Court. You can then show the Judge his response, if any, and [IF] you have to go to Court to cover your back.
I'm not sure if your e-mails would be considered admissible evidence in court or not, presuming you go to court, but you should save those e-mails just in case as evidence of your communications with your L.L.
Also, hopefully you sent your 30 day notice via certified letter R.R.R. also? If not, you could do both in the same Certified letter [30 day notice to vacate and request for a copy of your lease] and take it from there. Good luck.