There are many reasons why a landlord may want to terminate a lease. Aside from needing to have a "qualifying landlord reason," landlords must adhere to specific laws in Oregon to make sure that they don't have any problems with their tenant or the law in the process.
The following article will cover how you can draft an Oregon lease termination letter correctly.
Lease Termination Letter
An Oregon lease termination process will represent the end of the rental agreement for a fixed-term tenancy, mostly month-to-month tenancies. Oregon notice requirements ask landlords to provide at least 30 days' notice before evicting their tenant.
We've established already that landlords must give 30 days of notice in monthly leases to comply with Oregon law and the Oregon Residential Landlord and Tenant Act. Here's a list of other two lease types you must consider:
Week-to-week Tenancy: Seven days of notice.
Fixed-term Tenancy Other than a Month: Here, the tenancy will end on the date designated for the end of the lease, as long as the landlord doesn't decide to renew it. There's no required notice here.
Overall, the landlord can start the termination process in Oregon in the following cases:
- No-cause: Oregon landlords can evict tenants without a cause. In these cases, tenants who have lived for more than a year in the dwelling unit must receive a 60-day notice, and those who have lived for less than a year must receive a 30-day notice. Weekly leases ask tenants to leave within seven-10 days of the designated date for the lease termination process. The ORS 90.427 prohibits landlords from evicting tenants in any form of discrimination.
- Cause: According to the ORS 90.392, landlords can evict their tenants if they don't pay rent or don't comply with the agreement.
Other causes that allow landlords to terminate the rental period include:
- Having pets on the property without permission.
- Withholding rent for more than seven days.
- Outrageous acts to the other party (domestic violence, threats, etc.)
- And more
If the landlord fails to provide notice, the tenant may seek legal action. On the other hand, if the tenant remains on the property after receiving written notice of the lease's end date, the landlord can press charges.
Finally, aside from sending a written accounting, the landlord must account for or refund any security deposit involved in the lease once the tenant moves out.
Oregon landlords can terminate a lease at any time they consider appropriate, as long as they send a termination notice letter to their tenant. In that sense, a landlord cannot force the tenant to move out of the property before the designated term.
Penalties for Not Giving Your Tenant Notice
Landlords who fail to terminate the tenancy without sending written notice could face legal charges. This could mean that you could have problems reclaiming your unit and renting it to someone else until you solve the problem with the tenant. Moreover, you would have to pay some legal fees and penalties.
Termination of Tenancy without a Specific Term
A landlord in Oregon can terminate agreements without a specific term by not renewing the contract. Here, they don't have to provide notice, although it's recommended for them to provide their tenant with the reason for not renewing the lease.
Termination of Tenancy with a Specific Term
If the landlord has a fixed-term agreement that goes for over a year, they can only terminate it if they have a cause, such as a tenant violating the lease in any way. On the other hand, tenants who have lived for less than a year in the unit can get evicted with no cause.
How to Write One
Consider the following factors when drafting your lease termination letter:
- Consider the type of notice you must give the tenant based on your lease type.
- Enter all the information surrounding the parties involved, including names, addresses, and the type of property being leased.
- Disclose the motives for terminating the lease (if applicable).
- Include a copy of the lease's start and end date.
- Include information disclosing where the deposit will get sent.
- Sign the document.
Build Your Own
If you want to make things easier, consider DoorLoop's templates for termination letters:
If you are terminating your lease and need the tenant to sign, or you want to sign a new lease with a new tenant, you want to make the process as easy and efficient as possible.
With DoorLoop, you can get your agreemenets eSigned in a few seconds. You can also get to the eSignature step much faster by creating reusable templates that are autofilled with tenants' information.
DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.
For more information about DoorLoop, learn more or schedule a free demo.
We hope this article has helped you understand Oregon state law and how you can draft a termination letter correctly. If you need further help, consider downloading one of our templates.
Can Landlords Terminate a Lease Early in Oregon?
Yes, but they have to provide their tenant with written notice.
How Much Notice Does the Landlord Have to Give the Tenant to Leave?
It depends on the case, but in monthly leases, which are the most common ones, 30 days of notice is acceptable.
Is It Legal to Force Tenants to Move Out?
No. Landlords cannot force them to leave the property without probable cause.