General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A tenant who enlists, receives orders for active service away from the area for more than 90 days or is leaving active service can end the rental agreement with written notice and proof of the orders.
- A tenant who is a victim of domestic violence, sexual assault, bias crime or stalking can be released from the rental agreement with at least 14 days of written notice and verification such as a protective order, police report or qualified third party statement.
- When a tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at a fair rent, and the old agreement ends when a new tenancy begins.
- A tenant ends a month to month tenancy with at least 30 days of written notice; a landlord can use 30 days only during the first year of occupancy.
An Oregon tenant who leaves early is generally liable for rent only until the unit is re-rented, because the landlord must make reasonable efforts to find a new tenant. Survivors of domestic violence and service members have their own release rights.
Oregon breaking a lease at a glance
| Rule | Oregon | Law |
|---|---|---|
| Military service | A tenant who enlists, receives orders for active service away from the area for more than 90 days or is leaving active service can end the rental agreement with written notice and proof of the orders. | ORS 90.475 and Servicemembers Civil Relief Act (50 U.S.C. 3955) |
| Domestic violence survivors | A tenant who is a victim of domestic violence, sexual assault, bias crime or stalking can be released from the rental agreement with at least 14 days of written notice and verification such as a protective order, police report or qualified third party statement. | ORS 90.453 |
| Landlord duty to re-rent | When a tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at a fair rent, and the old agreement ends when a new tenancy begins. | ORS 90.410 |
| Month-to-month notice | A tenant ends a month to month tenancy with at least 30 days of written notice; a landlord can use 30 days only during the first year of occupancy. | ORS 90.427 |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A tenant who enlists, receives orders for active service away from the area for more than 90 days or is leaving active service can end the rental agreement with written notice and proof of the orders. (ORS 90.475 and Servicemembers Civil Relief Act (50 U.S.C. 3955))
Domestic violence survivors. A tenant who is a victim of domestic violence, sexual assault, bias crime or stalking can be released from the rental agreement with at least 14 days of written notice and verification such as a protective order, police report or qualified third party statement. (ORS 90.453)
Other protected reasons. A landlord ending a tenancy after the first year for a qualifying landlord reason must give at least 90 days of written notice and generally pay one month's rent as relocation help, unless the landlord owns four or fewer units. (ORS 90.427)
Unlivable conditions
We could not confirm a statewide rule here. Check your county court or a local attorney.
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. When a tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at a fair rent, and the old agreement ends when a new tenancy begins. (ORS 90.410)
Month-to-month tenancies
Month-to-month notice. A tenant ends a month to month tenancy with at least 30 days of written notice; a landlord can use 30 days only during the first year of occupancy. (ORS 90.427)
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these Oregon rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Oregon attorney about your situation.
Laws named on this page
- ORS 90.475 and Servicemembers Civil Relief Act (50 U.S.C. 3955)
- ORS 90.453
- ORS 90.410
- ORS 90.427
Official sources
Oregon forms for this topic
Letters and checklists for this topic
Asked by landlords in this state.
Can a service member break a lease in Oregon?
A tenant who enlists, receives orders for active service away from the area for more than 90 days or is leaving active service can end the rental agreement with written notice and proof of the orders. Source: ORS 90.475 and Servicemembers Civil Relief Act (50 U.S.C. 3955).
Can a survivor of abuse end a lease early in Oregon?
A tenant who is a victim of domestic violence, sexual assault, bias crime or stalking can be released from the rental agreement with at least 14 days of written notice and verification such as a protective order, police report or qualified third party statement. Source: ORS 90.453.
Does a Oregon landlord have to re-rent the unit?
When a tenant abandons the unit, the landlord must make reasonable efforts to re-rent it at a fair rent, and the old agreement ends when a new tenancy begins. Source: ORS 90.410.
How much notice ends a month-to-month tenancy in Oregon?
A tenant ends a month to month tenancy with at least 30 days of written notice; a landlord can use 30 days only during the first year of occupancy. Source: ORS 90.427.