Breaking a Lease in Oregon: Landlord/Tenant Guide 2024

When a landlord and tenant enter into a lease agreement, it’s typically understood that the tenant will carry out the terms of the agreement as written. However, a tenant may want to end the lease before the termination date.

In this guide, we’ll closely examine the process of breaking a lease in Oregon, including how to do so without penalty, and what happens if a tenant violates the lease terms.

Key Takeaways

• Breaking a lease in Oregon without penalty requires specific circumstances, including:
  • Active military duty
  • Health and safety violations
  • Domestic violence, stalking, or sexual assault
  • Tenant harassment
• TurboTenant offers legally reviewed, state-specific lease agreements for all 50 states, including Oregon, and provides multiple ways to stay in touch with tenants to ensure that the tenant upholds their end of the bargain.

Legal Reasons for Breaking a Lease in Oregon

While a lease is a binding contract between a property owner and a tenant, there are a few legal reasons to end the agreement early.

In this section, we’ll review how to break a lease without penalty in Oregon.

Active Military Duty

Federal law outlines that the Servicemembers Civil Relief Act allows tenants to break a lease without penalty if they enter active military duty after signing a lease. The act applies to active National Guard duty, the armed forces, and certain National Oceanic and Atmospheric Administration (NOAA) and Public Health Service members.

To break their lease using the Servicemembers Civil Relief Act, a tenant must provide a copy of the military orders to the landlord and provide written notice that they intend to end the lease early. At that point, the lease will expire 30 days after the next rent payment is due, regardless of how much time is left on the lease term.

Health and Safety Violations

Oregon law allows tenants to end a lease early without penalty if a landlord does not provide a habitable living environment, as outlined in Oregon statute 90.320. The law states that a landlord is required by law to provide:

• Functioning locks on windows and doors
• Smoke alarms
• Carbon monoxide alarms
• Safe drinking water
• Hot and cold running water
• Functional plumbing and sewage facilities
• Up-to-code electrical equipment
• Heating
• Weather protection and waterproofing
• Safe and sanitary common areas and grounds
• Working appliances and facilities

To end the lease in this situation, tenants must provide written notice to the landlord with detailed information on what repairs are needed and allow the landlord to cure the violation.

If the landlord doesn’t fix the problem(s), Oregon law allows the tenant to break the lease using a “constructive eviction,” and they will no longer be required to adhere to the lease terms.

Domestic Violence, Stalking, or Sexual Assault

Oregon statute 90.453 allows victims of domestic violence, sexual assault, or stalking the ability to end a lease early, if necessary. Tenants that wish to invoke this must give the landlord 14 days’ notice and include a police report, personal statement, and any other relevant documentation.

Tenant Harassment

Oregon statute 90.322 protects tenants from landlord harassment. Landlords are required to give tenants at least 24 hours’ notice before entering a tenant’s unit, except in emergencies or to serve legal notice.

If a landlord repeatedly enters a tenant’s unit without proper units or changes the locks without warning, a court would likely grant the tenant constructive eviction, and the tenant could end the lease without penalty.

How to Break a Lease in Oregon Without Penalty

If a tenant doesn’t qualify for early termination for any of the above reasons, the next step would be to review their lease and determine if there are any other options, such as early termination clauses.

As a tenant, you may have a few options, depending on your lease agreement and what you can negotiate with the landlord.

• Discuss ending your lease early with the landlord: A landlord may be open to this possibility if you’ve been a long-term tenant who has consistently fulfilled your obligations.
• Look into subletting: Not all leases or landlords allow subletting, but if they do, finding someone to live in the unit and pay rent until the lease term ends could be a viable option.
• Find a long-term replacement: While Oregon landlords have a duty to find a new tenant as quickly as possible, helping them find a tenant might minimize your risk and financial liability while ending your lease early.

Consequences of Breaking a Lease in Oregon

Breaking a lease in Oregon could be costly without qualifying circumstances. Although a landlord has a duty to mitigate losses by making a reasonable effort to re-rent the unit as soon as possible, Oregon doesn’t have a law limiting the amount the tenant is responsible for after breaking a lease.

That means a tenant who illegally breaks a lease could be responsible for the entire rent for the remainder of the lease term.

Aside from the financial responsibility of the rent for the remainder of the lease, tenants could also forfeit their security deposit and be sued for any outstanding damage or repair costs that the landlord has incurred during the term of the lease. The result could be a lower credit score for the tenant and negative rental references.

Preventing Tenants From Breaking The Lease

While landlords cannot completely ensure that a tenant will never break a lease, they can do some things to help minimize the possibility.

• Clear lease agreement: A clear and understandable lease covering every eventuality is the first step in ensuring tenants know what’s expected of them and what the consequences could be for not following the details set out in the agreement.
• Tenant screening: Screening tenants with a comprehensive background and credit check ensures that landlords find the most risk-free and qualified tenants.
• Quick attention to maintenance requests: Landlords who stay on top of maintenance and repair requests and handle them quickly can reduce the chances a tenant might find the rental situation untenable, pushing them to an early termination.

Legal Help for Landlords and Tenants

Luckily, landlords and tenants aren’t alone in navigating questions about breaking a lease in Oregon and associated consequences.

• Oregon Rental Housing Association (ORHA) is a non-profit that helps landlords and property owners navigate complicated housing laws and provides access to legal assistance.
• Legal Aid Services of Oregon (LASO) is a non-profit that assists low-income community members in various legal areas, including rental and lease questions.
• Community Alliance of Tenants is an Oregon-based organization that explains rental law in everyday terms and provides access to legal resources for tenant-landlord issues.

How TurboTenant Can Help

TurboTenant is property management software that can help landlords and tenants navigate the issues that arise when renting property, including tricky lease questions.

For instance, TurboTenant provides legally reviewed, state-specific leases, including an Oregon lease, so landlords can feel confident that their legal bases are covered.

TurboTenant also offers a number of other features that can help landlords and tenants stay connected, including a screening service that includes a credit check for tenants, a repair tracking and maintenance system, tenant and landlord-specific mobile apps, and easy communication between landlords and tenants directly within the platform.

There are many reasons to love TurboTenant’s offerings, so sign up for a free account today and see for yourself.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Breaking a Lease in Oregon FAQs