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Break Lease

Having a dispute with a tenant or landlord? Rental Law discussion

Break Lease

Postby watson » Tue Nov 29, 2016 11:21 am

We rented a house in Oregon for $995.00 a month in March 2004 and signed a one year lease with a break leases clause. On May 21,2004 we gave notice that my husband was being relocated by his employer to Arizona on July 1st. We had to pay $1500.00 to break the lease and were responsible for the rent until it was rented and we agreed to show the house until we left. The problem that arose was that the landlord raised the rent to $1095.00 a month, 3 months after we rented it for $995.00 and it wasn't worth $1095.00. Subsequently the house remained vacate and we have been paying $995.00 for the last two months. The landlord just recently lowered the rent back to $995.00 and hopefully now it will rent. My question is, did the landlord breach the break lease agreement by raising the original rent on the lease and should we have been legally responsible to continue to pay? I feel it would have rented if they hadn't.
watson
 
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Joined: Sat Feb 16, 2013 9:55 am

Break Lease

Postby MacCormack » Wed Nov 30, 2016 2:07 pm

We rented a house in Oregon for $995.00 a month in March 2004 and signed a one year lease with a break leases clause. On May 21,2004 we gave notice that my husband was being relocated by his employer to Arizona on July 1st. We had to pay $1500.00 to break the lease and were responsible for the rent until it was rented and we agreed to show the house until we left. The problem that arose was that the landlord raised the rent to $1095.00 a month, 3 months after we rented it for $995.00 and it wasn't worth $1095.00. Subsequently the house remained vacate and we have been paying $995.00 for the last two months. The landlord just recently lowered the rent back to $995.00 and hopefully now it will rent. My question is, did the landlord breach the break lease agreement by raising the original rent on the lease and should we have been legally responsible to continue to pay? I feel it would have rented if they hadn't.
MacCormack
 
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Joined: Thu Jan 02, 2014 12:09 am

Break Lease

Postby Aeccestane » Wed Nov 30, 2016 9:09 pm

I did a little research on Oregon landlord/tenant law - the lease should either provide for a lease buy-out fee(which is probably what the $1500 was) OR pay a calculated rate(1-1/2 mo. rent) - NOT pay a "buy-out" fee and continue paying rent!  Further, the Landlord is required to use reasonable efforts to rent the dwelling unit to a new tenant for a FAIR rental as provided under ORS 90.410(3).  There are agencies in Oregon that will help you with this at no charge.  If you search the web for "Landlord Tenant Lease Termination in Oregon" or landlord/tenant law in Oregon, you'll find info. as well as a list of organizations that will assist you with this.  It looks like the landlord owes you some money.  Further, you never mentioned any security deposit - what happened to that?
Aeccestane
 
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Joined: Tue Jan 07, 2014 7:54 am


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