Breaking a Lease/ Legal Contract in Oregon -- Its a Nightmare!

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Old Jun 1st, 2010, 02:11 PM   #1
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EEK! Breaking a Lease/ Legal Contract in Oregon -- Its a Nightmare!

I broke my lease on an apartment because we are planning a second child and got a great opportunity to rent a house, and we have a 3 year old and the neighbors downstairs only keep on knocking for him to stop playing, or running (the walls are not insulated and can even hear neighbors talking normally) so we have already moved out, but per our lease (we were not told this at move in) we have to pay rent until the apartment is re rented... Just seems totally wrong ... its been a month and still none has rented it (or they say) but i dont even know if they are pushing it to be rented, or if the are trying to re rent it, maybe they arnt even offering it? its prety expensive to pay $970 for an apartment you dont even live at anymore.

My question is, how long can they really charge me rent for that apartment? is there anything I can do to get out of this? Its like paying double rent for the house! its a nightmare! anyone in the same situation? anyone can help or suggest anything?

I really want to hear opinions on this matter... I know breaking a lease is bad ... but there are circumstantial in life that push you to do things you really shouldnt, and thats when i understand I pay a big fee and move on... but this fee has gotten too big already.... please help me get out of this...
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Old Jun 1st, 2010, 10:32 PM   #2
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Default re: Breaking a Lease/ Legal Contract in Oregon -- Its a Nightmare!

Breaking a lease is breaking a legal contract. When you do, you still have to live up to your obligations under that contract. So you owe rent until re-rented, advertising fees, agent fees if they use on to find a new tenant, and any other non-reimbursed costs. (The LL wouldn't have these fees if you hadn't broken the lease. So you have to make him "whole".)

What you should have done is to negotiate a lease break with management. An average lease termination fee is equal to 2 months of rent and you are required to give a 30 day notice (and pay rent for that period) before you move. If they accepted this offer, you get a release letter relieving you of further obligation. This fee replaces the costs listed above.

Since you didn't, you have to pay the actual costs. Note: In 11 states and areas, the LL has NO duty to re-rent the unit (this includes DC). You are simply on the hook for the entire lease there. 6 other states' laws are fuzzy on whether the LL must re-rent it. The other 34 states say the LL must take prompt steps to re-rent. But that doesn't mean he has to accept just anyone who comes along (they still must meet his criteria.) Nor does the LL have to put your unit ahead of any other vacant units he has. He can rent those earlier vacancies before yours. Please list your state to see which law you fall under.

I the meantime, see if he has a criags list ad up, an ad in the local paper, or has fliers posted nearby.
See if neighbors have seen him show it. Go by and knock on the door and see if anyone there answers.
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Old Jan 4th, 2011, 04:41 AM   #3
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Default Re: Breaking a Lease/ Legal Contract in Oregon -- Its a Nightmare!

It is illegal for an Oregon landlord to charge more than 1 1/2 times your monthly rent as a break lease fee. It is NOT legal in Oregon for them to charge you rent after you have broken the lease and paid the break lease fee. Period. Look up Oregon Landlord Tenant Law 2010. I know this an old question but you should sue them.
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Old Oct 25th, 2011, 03:10 PM   #4
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Default Legal Documents Oregon

Hello,

I am looking around for some legal documents here in Oregon. I heard of that crap company called Legal Zoom but I would prefer to keep it LOCAL. I found this company called NW Process Service LLC (www.nwprocessservice.com).

Has anyone ever heard of them?

Thanks in advance
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Old Oct 25th, 2011, 06:14 PM   #5
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Default Re: Legal Documents Oregon

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Hello,

I am looking around for some legal documents here in Oregon. I heard of that crap company called Legal Zoom but I would prefer to keep it LOCAL. I found this company called NW Process Service LLC (www.nwprocessservice.com).

Has anyone ever heard of them?

Thanks in advance
Nope. And I doubt you will find many people on these forums who would give you reference information on a company.

Your best bet is to hire an attorney to prepare the documents for you.
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Old Oct 26th, 2011, 01:21 AM   #6
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Default Re: Legal Documents Oregon

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Originally Posted by Unregistered View Post
Hello,

I am looking around for some legal documents here in Oregon. I heard of that crap company called Legal Zoom but I would prefer to keep it LOCAL. I found this company called NW Process Service LLC (www.nwprocessservice.com).

Has anyone ever heard of them?

Thanks in advance
Is that your subtle way of marketing your company? Could you make yourself more transparent?

I'd use Legal Zoom just because you slammed them in order to bolster your own business. That is not the way to gain customers. In fact, it's the best way to alienate yourself from your target market and drive customers to your competition.
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Old Jan 27th, 2012, 03:44 PM   #7
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I had 10 remaining on a lease one time and just bailed on the place. Didn't tell the landlord where I was going and changed all my mailing addresses to my parents a month ahead so he couldn't track me through mail forwarding. So far I have yet to be found.
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Old Jan 27th, 2012, 07:21 PM   #8
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Smile Guest on 1 27 12

Well I may suggest that just because you mail fwd to your parents house a month before does not mean your mailing address or that no one can find you..

Postal address locate.. a serv avail thur the 3 agencies keeps records for years...

just had one on 011 that tracked from 4 yrs ago... papers served, and wages attached...
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Old Aug 24th, 2012, 12:05 PM   #9
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Default Re: Breaking a Lease/ Legal Contract in Oregon -- Its a Nightmare!

They also likely have your social security number or enough information about you to report you to the credit bureau and damage your credit, not a smart move on your part.
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Old Dec 14th, 2012, 04:59 PM   #10
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Exclamation Re: Breaking a Lease/ Legal Contract in Oregon -- Its a Nightmare!

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It is illegal for an Oregon landlord to charge more than 1 1/2 times your monthly rent as a break lease fee. It is NOT legal in Oregon for them to charge you rent after you have broken the lease and paid the break lease fee. Period. Look up Oregon Landlord Tenant Law 2010. I know this an old question but you should sue them.
Oregon landlords have two choices if you (the tenant) break the lease. Courts tend to take breaking contracts seriously and this is no exception.

1) Charge the break lease fee which is at most 1 1/2 times the monthly rent.
2) Charge the actual damages (lost rent, utilities, costs to get new renters, etc.) from when the tenant leaves up to when the lease would have expired or a new tenant is found.

It is illegal to charge the fee and assess damages (ORS 90.302(2)(e).

In the case mentioned above, the woman is in case number 2 and may have nothing to sue over. She would have a case if she could show that a reasonable effort was not being made to rent the place to new tenants.

Source: ORS 90.302 - Fees allowed for certain landlord expenses - 2011 Oregon Revised Statutes
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