Move out in 30 days if no second year lease was signed?

Asked 4 months ago - Portland, OR

Hello. Back in February we requested another lease for a year however our landlord never sent us the paperwork so nothing was signed. We would not like to move out early and have given our 30 days notice. Are we required to pay the additional months?

Attorney answers (2)

  1. Gregory L Abbott

    Contributor Level 14

    Answered . Unless your original lease contained a clause essentially saying that it would be automatically renewed unless you timely notified the landlord otherwise, your term lease was legally converted to a month to month lease upon expiration of the term. Thus, in this situation, all you need to do is give 30 days advanced notice and move. If you have problems or need help getting the landlord to "see the light", or if, for example, the landlord tries to charge you for the additional months by withholding funds from the return of your security deposit, that can be worth 2X the amount wrongfully not returned, plus your costs and attorneys fees. If you have any problems, talk with a local landlord-tenant attorney. There are several of us in the Portland area and we do this sort of thing regularly and landlords ignore us at their own peril. Give one of us a call or send us an email to make an appointment to review the entire situation. Good luck!

    Consumer Law Northwest
    Gregory L. Abbott, Attorney
    6635 N. Baltimore St., Suite 254
    Portland, OR 97203

    Practicing Landlord-Tenant Law for Over 20 Years

    Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is... more
  2. Troy Austin Pickard

    Contributor Level 17

    Answered . It sounds like you once had a rental agreement for a fixed term of one year, and then you got to the end of that year and both landlord and tenant just kept things going. If this is the case, you are now what we call "month-to-month," and a month-to-month tenant can just give a 30-day notice to the landlord announcing an intent to move out. If the tenant moves out as described in a valid notice, the tenant won't owe any additional rent after the end of the 30-day notice period.

    Troy Pickard
    Portland Defender
    1001 Southwest 5th Avenue #1100
    Portland, OR 97204
    (503) 592-0606

    AVVO 10.0/10.0 perfect rating
    One of Oregon's top landlord-tenant lawyers

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