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Oregon Law: If I give 30 days notice on the 5th of the month, am I still responsible for paying the following full month's rent?

Eugene, OR |

I live in a rental home in Oregon. My landlord has neglected to repair my heat and leaking roof for over 9 months now and I am ready to give my notice and find another place to live.

My question is...

Can my notice to vacate be given on any day of the month?

As I read it, Oregon law states that you can give notice on any day of the month. When I moved into the house, I paid pro-rated rent for the first partial month and my lease says nothing specific about having to rent by the full month. However, one attorney I spoke with said that even if I were to give 30 day notice on December 5, I'd still be responsible for all of January's rent since tenancy runs month to month.

So...can I give my notice on December 5th and then just pay for 5 days worth of rent in January?

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Attorney answers 1


Even though it is generally true that a tenant is entitled to give 30 days (no more, no less) notice, regardless of the day of the month that notice is given, there are other possibilities that may exist given the specifics of your circumstance and your lease. You need to take your lease to a qualified attorney!

This response neither constitutes legal advice nor creates an attorney-client relationship. This answer is provided solely for informational purposes, for use as a starting point when speaking directly with an attorney. I urge you to immediately contact an experienced criminal defense attorney admitted to practice law in your state before making any more decisions on this case.