Legal Question in Landlord & Tenant Law in Oregon

Selling home breaks the lease

Landloard is putting the home up for sell, does that break the lease so we can move out?


Asked on 3/28/07, 4:43 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: Selling home breaks the lease

Assuming that your lease does not address terms constituting termination by either party and that you're on a fixed-term lease (so you can't just give a 30-day notice) then try to terminate based on "noncompliance" of the landlord.

ORS 90.360(1)(a) states that if there is a material noncompliance by the landlord with the rental agreement ... 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...."

The noncompliance will be something along the lines of your landlord bringing people to show the house and you never agreed to that.

You could also negotiate a reduced rent as a result of the inconvenience of the sale.

If the landlord is terminating the lease early than you may have damages due to his breach of contract.

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Answered on 3/28/07, 6:41 pm


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