Legal Question in Landlord & Tenant Law in Oregon

Tenants not getting along and some want to move out

I am the landlord and have a single 6 month signed lease by 3 tenants for a 3 bdr house. The tenants are not getting along and 1 or 2 of them want to break the lease and leave. One tenant wants to stay, but cannot afford the rent alone, but is willing to find new roomates. What are the processes for legal action and financial consequences (security deposits, lease buyout, etc...) do I have available in this situation. What are the responsibilities of the landlord and tenants with regards to notices and termination agreements. Thanks so much for your help.


Asked on 3/19/08, 12:35 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: Tenants not getting along and some want to move out

You are not required to release any of the tenants, nor are you required to allow the one tenant to stay and end up forced to accept whomever that remaining tenant wants to bring in.

All of the tenants are responsible for the lease, whether they continue to live in the house or not. You do not need to return any deposits until all tenants are out of the property.

You can certainly chose to agree to any of these things (i.e., a buyout from the leaving tenants, allowing new tenants in), but you are not required to do so.

If everyone leaves, breaking the lease, then you are entitled to payments of rent until you are able re-rent the place-through the term of the lease- (but you are required to make a good faith effort to find new tenants). You can deduct that out of the security deposit.

You can also make an agreement with the tenants for them to pay you a fee to "break" the lease.

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Answered on 3/19/08, 12:58 pm


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