Find out when a tenant can legally break a lease in Oregon, when they can’t, and if a landlord is required by Oregon law to make reasonable effort to re-rent.
Before we address the legally acceptable reasons to get out a lease early without penalty, it’s important to understand the notice requirements in Oregon to end a tenancy in general.
Lease Termination Notice Requirements in Oregon
In Oregon, a tenant is not required to provide notice for fixed end date leases (OR. Rev. Stat. § 91.080). Oregon tenants have to provide written notice for the following lease term:
- Notice to Terminate a Month-to-Month Lease. 30 days or more, in writing, from lease expiration (Or. Rev. Stat. § 91.070). If the tenant has lived in the unit for more than one year, 60 days’ notice must be given. (OR. Rev. Stat. § 90.427)
- Notice to Terminate a Yearly Lease With No End Date. 60 days or more, in writing, from lease expiration. (Or. Rev. Stat. § 91.060)
Delivering Notice in Oregon
In most cases, a written lease agreement should include information and other specifics on how and when to deliver a notice to terminate the tenancy. Some common ways to deliver the notice to the landlord are by mail or by delivering the written notice in person; however, it’s best to review the lease agreement to see which delivery method the landlord prefers.
If notice is not given, it could result in penalties and consequences.
Conditions for Legally Breaking a Lease in Oregon
There are several scenarios where a tenant can legally break a lease in Oregon without penalty. We’ll go through each of them below.
1. Early Termination Clause
Some modern lease agreements may provide specific terms that would allow a tenant to terminate a lease early in exchange for a penalty fee. Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the amount of the fee (i.e., equal to 2 month’s rent) and the amount of notice required (i.e., 30 days).
If a lease agreement contains an early termination clause, before executing it and paying the penalty fee, read further to learn about other conditions that, if met, would not require a penalty fee to be paid.
2. Active Military Duty
The Servicemembers Civil Relief Act (SCRA) helps protect active service members who are relocated due to deployment or permanent change of station. The protection begins on the date of entering duty and ends between 30-90 days after the date of discharge.
To break a lease in accordance with the relief act, a tenant must:
- Prove the lease was signed before entering active duty.
- Prove they will remain on active duty for at least the next 90 days.
- Deliver a written notice to the landlord (example, page 2), accompanied by a copy of the orders to deploy/Permanent Change of Station (PCS) or a letter from their commanding officer stating their pending deployment.
With that said, the lease does not terminate immediately. Once the notice is delivered, the earliest the lease can terminate is 30 days after the beginning of the next rent period. For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st therefore, rent is still due for the month of April.
In Oregon, the term “servicemember” means a member of the armed forces, commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard.
3. Unit is Uninhabitable
Most states have specific health and safety codes that provide minimum standards for rental units, and Oregon is no different.
If those standards are not met, proper notice is given by the tenant and the repairs are still not made within the allowable time period, a tenant would be considered “constructively evicted”. As a result, the obligations of the tenant under the lease are no longer required, given that the landlord has not met their own responsibilities under Oregon landlord-tenant law.
In Oregon, a dwelling is uninhabitable if it substantially lacks (ORS §90-320):
- Waterproofing and Weather Protection. Must be effective for roof and exterior walls, including windows and doors.
- Plumbing and Electrical. Facilities that conform to applicable law in effect at the time of installation, and maintained in good working order.
- Buildings, Grounds, And Appurtenances. At the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under the control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin.
- Ventilating, Air Conditioning, Elevators, and Other Facilities and Appliances. Must be maintained in good repair if supplied or required to be supplied by the landlord.
- Smoke Alarm and Smoke Detector. Must be working and have working batteries.
- Carbon Monoxide Alarm. The dwelling unit or the structure in which the dwelling unit is a part contains a carbon monoxide source.
- Locks. Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows.
For more information on habitability laws in Oregon, click here.
4. Landlord Harassment or Privacy Violation
If the action is serious enough, harassment by a landlord or their violation of a tenant’s privacy may be enough justification for relieving a tenant of their obligations of the lease.
- Landlord Entry. In Oregon, the landlord must give 24 hours’ notice and the notice must provide the reason for entry, the date and time of entry, and identify who entered the unit (ORS § 90.322(b)).
- Changing the Locks. In some states, if the locks are changed by a landlord without the tenant’s permission or without the protection of specific language in the lease agreement, this can qualify as being “constructively evicted”, and could relieve the tenant of their duties of the lease. In Oregon, landlords are not allowed to lockout tenants. (ORS § 90.375)
5. Violation of Lease Agreement
If a landlord violates the terms of the lease agreement, it may be enough justification to break the lease and relieve the tenant from their own obligations (i.e., illegally raising the rent during the fixed period). Because each lease agreement is different, carefully read over the duties and requirements for both parties to understand if a violation has been made, and if there is language describing how certain violations are to be handled.
In Oregon, if a landlord is noncompliant with the rental agreement or obligation to maintain premises:
- The tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after delivery of the notice if the breach is not remedied in seven days in the case of an essential service or 30 days in all other cases. (ORS § 90.320, ORS §90.730, ORS §90.360)
- If substantially the same act or omission that constituted a prior noncompliance of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 14 days’ written notice specifying the breach and the date of termination of the rental agreement.
6. Domestic Violence
Many states protect tenants who are victims of domestic violence. If a tenant is confronting a domestic violence situation (this can also be stalking), and wants to move, check with local law enforcement regarding special state laws that may apply in domestic violence situations. Some statutes the state of Oregon provides for victims of domestic violence include:
- Proof of Status. The landlord is entitled to verify a tenant’s claim of Domestic Violence status. (ORS § 90.453) A verification statement must be signed by both the tenant and a qualified third party and shall be in the following form:
Name of qualified third party
Name of tenant
PART 1. STATEMENT BY TENANT
I, ________(Name of tenant), do hereby state as follows:
(A) I or a minor member of my household have been a victim of domestic violence, sexual assault or stalking, as those terms are defined in ORS 90.100 (Definitions).
(B) The most recent incident(s) that I rely on in support of this statement occurred on the following date(s):_________.
___The time since the most recent incident took place is less than 90 days; or
___The time since the most recent incident took place is less than 90 days if periods when the perpetrator was incarcerated or was living more than 100 miles from my home are not counted. The perpetrator was incarcerated from ____________ to____________. The perpetrator lived more than 100 miles from my home from ___________ to___________.
(C) I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
PART 2. STATEMENT BY QUALIFIED THIRD PARTY
I, ________ (Name of qualified third party), do hereby verify as follows:
(A) I am a law enforcement officer, attorney or licensed health professional or a victim’s advocate with a victims services provider, as defined in ORS 90.453 (Termination by tenant who is victim of domestic violence, sexual assault or stalking).
(B) My name, business address and business telephone are as follows:______________________________
(C) The person who signed the statement above has informed me that the person or a minor member of the person’s household is a victim of domestic violence, sexual assault or stalking, based on incidents that occurred on the dates listed above.
(D) I reasonably believe the statement of the person above that the person or a minor member of the person’s household is a victim of domestic violence, sexual assault or stalking, as those terms are defined in ORS 90.100 (Definitions). I understand that the person who made the statement may use this document as a basis for gaining a release from the rental agreement with the person’s landlord. I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
(Signature of qualified third party making this statement)
(4) A tenant and any immediate family member who is released from a rental agreement pursuant to subsection (2) of this section:
(a) Is not liable for rent or damages to the dwelling unit incurred after the release date; and
(b) Is not subject to any fee solely because of termination of the rental agreement.
(5) Notwithstanding the release from a rental agreement of a tenant who is a victim of domestic violence, sexual assault or stalking and any tenant who is an immediate family member of that tenant, other tenants remain subject to the rental agreement.
(6) A landlord may not disclose any information provided by a tenant under this section to a third party unless the disclosure is:
(a) Consented to in writing by the tenant;
(b) Required for use in an eviction proceeding;
(c) Made to a qualified third party; or
(d) Required by law.
(7) The provision of a verification statement under subsection (2) of this section does not waive the confidential or privileged nature of a communication between the victim of domestic violence, sexual assault or stalking and a qualified third party. [2003 c.378 §4; 2007 c.508 §9; 2011 c.42 §9a; 2015 c.388 §6]
- Termination of Lease. If the tenant or a tenant’s immediate family member is a domestic violence victim, the landlord shall release the tenant or family member of the tenant from the rental agreement if the tenant gives a landlord at least 14 days’ written notice making such a request. (ORS § 90.453(2b))
- Locks. Landlords must change the locks if requested by a domestic violence victim, at the tenant’s expense. (ORS § 90.459)
7. Other Reasons
A tenant may have alternative reasons to terminate a lease early. For example, the following reasons may legally permit a tenant to terminate the lease early, but are not always automatic and must be determined by a court:
- Illegal or Unenforceable Contract. In some scenarios, a lease agreement may be deemed illegal and as a result, is generally not enforceable. (i.e. contracting with a minor)
- Mandatory Disclosures. Many state and local laws require landlords to disclose documentation, policies, or specific unit information to tenants prior to moving in. Disclosure laws typically impose heavy fines or legal ramifications to landlords if they are not followed. In rare cases, they contain penalty provisions that may allow you to break your lease.
- Senior Citizen or Health Issue. Some states offer age or health-related lease-breaking arrangements that permit early lease termination. If a tenant has a qualified disability the tenant may request early termination as a reasonable accommodation under the Fair Housing Act or the Americans with Disabilities Act.
Examples of Insufficient Justification for Lease Breaking in Oregon
The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term, and as a result, provide no legal protection against penalties for not honoring the lease.
- They bought a house.
- They are relocating for a new job or school.
- They are upgrading or downgrading.
- They are moving in with a partner.
- They are moving to be closer to family.
Breaking a lease for any of the above reasons without court approval or in any conditions not previously outlined can have tangible consequences for tenants. If a tenant would like to break a lease for any of these reasons, the tenant should ask the landlord to agree to a mutual termination.
Landlord’s Responsibility to Re-rent in Oregon
Oregon state law does require landlords to take reasonable steps to re-rent their unit when a tenant breaks their lease. This is referred to as the landlord’s duty to “mitigate damages”. This means that if you leave your lease early and your landlord re-rents the unit before your lease ends, then the rent received from the new tenant will apply to your debt.
In Oregon, if the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it for a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, the rental agreement terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord knows or should know of the abandonment. If the tenancy is from month to month or week to week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be. (ORS § 90.410(3))
Tenant’s Right to Sublet in Oregon
If the lease does not prohibit subletting, then a tenant might be in the clear to sublet. However, the lease might contain a clause requiring a tenant to obtain a landlord’s approval prior to subletting. To get the landlord’s approval, a tenant shall send them a letter through certified mail, with a return receipt requested, outlining the terms of the sublet lease agreement. Certified mail is the only proof of delivery that most courts will accept that a tenant has notified the landlord.
The letter should include the following information:
- Sublet term.
- Name of proposed subtenant or assignee.
- The permanent home address of proposed subtenant or assignee.
- Your reason for subletting or leaving permanently.
- Your new address during the sublease if applicable.
- The written consent of any co‑tenant.
- A copy of the proposed sublease.
If a landlord rejects the request, know that they can only refuse the proposed subtenant based on legitimate factors. The law states that a landlord cannot unreasonably refuse to sublet.
For more information and to get a FREE Oregon sublease agreement click here.