Understanding Early Lease Termination Fees in Oregon

Moving out before your lease ends can be stressful, but understanding Oregon’s rules about early lease termination fees can help you make confident, informed decisions. This article answers key questions, explains what landlords can (and cannot) charge, and offers guides for handling your situation lawfully—whether you need to leave for work, family, or any unexpected reason.

What Are Early Lease Termination Fees?

In Oregon, an early lease termination fee is a charge that your landlord may collect if you move out before your rental agreement ends. These fees are regulated by Oregon law, specifically by the Oregon Residential Landlord and Tenant Act¹. The exact fee, and your responsibility to pay it, depend on your lease terms and how you communicate with your landlord.

When Can a Landlord Charge Early Termination Fees?

Oregon law allows landlords to charge an early termination fee only if:

• Your lease (rental agreement) includes a clause that specifies an early termination fee.
• The fee amount is stated clearly in the lease.
• The fee does not exceed 1.5 times the monthly rent.
• The landlord provides proper notice and follows all legal requirements for collecting it.

If your lease does not mention an early termination fee, your landlord can only charge for actual losses (like unpaid rent until a new tenant is found), not a penalty.

Valid Reasons to Break a Lease Without a Fee

Some situations allow you to end your lease early without paying a fee:

• Active military duty (protected by federal law)
• Domestic violence situations (with proper written notice and documentation)
• Unsafe or uninhabitable living conditions unaddressed by your landlord after notice

Always check your specific lease and the law to see if these apply to you.

Required Notice for Early Lease Termination

To legally end your lease early in Oregon, you generally need to provide written notice—often 30 days or more, depending on your agreement. If you fail to give proper notice, you may owe additional rent or fees, so always review your lease terms closely.

Official Notice Forms

• Notice to Terminate Tenancy (No Cause):
  This form is typically used for no-cause terminations in month-to-month rentals, but can also be adapted to notify your landlord of early move-out if your lease allows. Download the official sample from Oregon’s Department of Justice: Sample Notice of Termination of Tenancy Form.
  Example: If you need to move for a job, you would complete this form and deliver it to your landlord, keeping a copy for yourself.
• 30-Day Notice for Survivors of Domestic Violence:
  This notice allows qualified tenants to break a lease without penalty. See official information from the Oregon Housing and Community Services rental rights page for details and downloadable forms.
  Example: A renter experiencing domestic violence provides this notice and supporting documentation to end their lease early.

What Happens After You Give Notice?

Landlords in Oregon have a "duty to mitigate damages"—meaning they must try to re-rent the unit as soon as possible. You may be responsible only for the time the unit is vacant or any agreed-upon termination fee, not for the rest of the entire lease term.

Your Rights and Dispute Resolution

If you believe you've been charged an unlawful early termination fee, or your landlord doesn’t respect your legal rights, you can:

• Contact the Oregon Judicial Department's Landlord-Tenant Program for guidance.
• File a complaint or pursue a small claims case with your local Oregon Circuit Court.
• Review the law: Oregon Residential Landlord and Tenant Act (ORS Chapter 90).

The official body handling rental disputes in Oregon is the Oregon Judicial Department.

FAQ: Oregon Early Lease Termination Fees

1. Can my landlord keep my security deposit if I end the lease early?
   Only if you owe unpaid rent, damages beyond normal wear and tear, or specific fees allowed in your lease. Your landlord must provide an itemized list for any amounts withheld.
2. Is there a maximum amount for early lease termination fees in Oregon?
   Yes. If your lease allows this fee, it cannot be more than 1.5 times your monthly rent.
3. Do I have to pay rent after moving out early if my landlord finds a new tenant right away?
   No. Once the unit is re-rented, you are not responsible for additional rent from that date forward.
4. Can I negotiate a lower early termination fee with my landlord?
   Yes. Many landlords are willing to discuss and sometimes reduce fees if you provide proper notice and help find a new tenant.
5. Where can I get help if I believe an early termination fee is unfair or illegal?
   You can contact the Oregon Judicial Department, the Oregon State Bar's Legal Information Line, or a local tenant advocacy group for support and to explore your options.

Key Takeaways

• Oregon law limits early termination fees and gives renters rights when moving out early.
• Always give proper written notice and check your lease for specific terms.
• Reach out to official agencies or the Oregon Judicial Department for guidance with disputes.

Need Help? Resources for Renters

• Oregon Judicial Department – Handles court disputes and landlord/tenant cases
• Oregon Housing and Community Services – Rental rights information and downloadable forms
• Oregon State Bar: Landlord-Tenant Legal Information
• City of Portland: Rental Services Office – Local help for Portland renters

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1. Oregon Residential Landlord and Tenant Act (ORS Chapter 90)
2. Oregon Judicial Department – Landlord/Tenant Information
3. Oregon Housing and Community Services – Rental Housing Rights

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