Legal Question in Real Estate Law in Oregon

I need to know how or if I can legally break my one year lease without having to pay the remainder of the lease?


Asked on 9/29/09, 3:33 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

A lease for what? If it is residential real estate (house or apartment), you can move out and stop making the payments. The landlord can then sue you to get the payments, plus court costs and perhaps even attorneys fees. But you would not owe the landlord the full amount of the remaining payments. The landlord is required to "mitigate" his loss by taking reasonable steps to re-lease the property to someone else. So you would owe him the difference between what you were supposed to pay and what he is getting (or reasonably should be getting) from someone else. Of course, he can say that the market is bad and he could not find another leasee.

You can also move out and stop paying, if there is something wrong with the premises that make them "uninhabitable," like leaking sewage or lots of roof leaks or walls falling down.

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Answered on 10/06/09, 5:18 am


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