Are you planning to terminate your lease and move out? There are several things you should do to protect yourself and make your move as stress free as possible.
- Make sure you give the proper notice to your landlord. Review your lease. Can you terminate early? Do you need to give a 30 day notice? A 60 day notice? If you are renting month-to-month, then you must give a 30 day notice. Always give your notice in writing.
- If you mail the notice, tack on at least 3 days to account for mailing. ORS 90.150(3).
- Clean your apartment and take pictures or video of everything. Photograph the good as well as the bad.
- After the apartment is clean and you have moved everything out, perform a walk-through with your landlord.
- Make sure the landlord has your new address.
Once you move out, the landlord has to return your all of your deposit or give you an accounting of your deposit, in writing, within 31 days.
As with all things legal, there are time limits for taking action to enforce your rights. For most matter related to a rental agreement and the Oregon Residential Landlord Tenant Act, the time limit is one year. However, there may be shorter time limits involved in some cases.
Legal Aid Services
Legal Aid Services of Oregon has published a guide book titled Landlord Tenant Law in Oregon. The electronic copy of this document can be found here.
Print copies are often available at Oregon Legal Aid offices.
Go here for office locations:
Legal Aid Services of Oregon
Please call to confirm that they have copies available.
Oregon State Bar
The Oregon State Bar website has a resource page at:
The “Helping Families Save Their Home Act of 2009” (S.896) went into effect on May 20, 2009, and includes the “Protecting Tenants at Foreclosure Act” (PTFA), as well as amendments to Section 8 of the “United States Housing Act of 1937.” Both portions of the bill establish new Federal protections for tenants living in properties that go into foreclosure. This law preempts current state laws except where a state’s law provides stronger protections for the tenant. The PTFA included a sunset clause which scheduled this law to expire on December 31, 2012.
Effective May 20th, tenants with a “bona fide” lease that was entered into before notice of foreclosure can remain in a foreclosed home until the end of their lease, unless the bank sells the property to someone who intends to make it his/her primary residence. If the new owner intends to occupy the home, they are still required to give 90-days notice to the tenant prior to eviction. If the tenant does not have a lease (month-to-month) or current state law allows the lease to be terminated at will, there is still a 90-day notice requirement prior to eviction. Notice must be provided by the “immediate successor in interest” which, in most cases, would be the bank or the new owner.
The Act was designed to be silent on several issues which means state law will need to be consulted for further clarification.