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My son just signed a lease y/yesterday in Bend Oregon but now he has to leave town for a school opportunity, will he be liable?

Bend, OR |

He has lived in the house for six months and they asked him to renew his lease yesterday but today he got a notice that he can go to school in Washington,, he signed yesterday

Attorney Answers 3


  1. Yes, he is indeed liable for the term of the lease period. That's what a lease means. He should talk to the landlord to see if they'd allow him to find someone to sublet (that is, to take his space when he goes).

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  2. I would agree with Mr. Bodzin, but also look for lease termination clause in the lease. If there is one, no matter what it says, the cost to get out of the lease cannot exceed one-and-one-half months' rent. ORS 90.302(2)(e).

    Also, if the space is rented after your son departs, the landlord cannot collect additional rent. Also, if the landlord doesn't attempt to rent the property (e.g., he or she sells it or just leaves it empty) your son is not liable for the rent. ORS 90.410.

    Lastly, landlords are people, so you can sometimes work something else out with them. Talk first and see whether something can be worked out. If the landlord refuses to budge, it will likely be worth talking to an attorney.

    Otherwise, as stated, a lease is a contract and a promise that you cannot just walk away from because of a change in circumstance.

    Licensed in Oregon. Advice provided is general legal information relevant to the facts provided. It is not intended as legal advice applicable to your specific situation. No attorney/client relationship is created unless and until we have met and entered into a written representation agreement. Contact me at 541-250-0542 to discuss your matter further. www.MaugerLaw.com


  3. If your son signed the lease, he is now on the hook for the remainder of that lease. The landlord may be willing to let him out of the lease for a payment of some sort, or if your son can locate another suitable tenant. But, barring the landlord's agreement to the contrary, the written lease will be what controls the relationship.