Early Termination of Fixed Term Tenancy: Portland, OR

[Mike Biewer]

Hi there, 

I've been a part of BP for about 6 months now and this is my first post. The hosts always say to post questions and you'll get answers. So here we go!

I have a rental house that a lovely young couple moved into about 6 months ago. I got a text last night saying they were breaking up and wondering what they are on the hook for. They signed a 1 year lease and now want to break it basically. I'm trying to understand the legal jargon on my Rental Agreement so I know where I stand and have a basis for coming to a win/win agreement with them. Here is what it says:

"Upon any failure of Resident to occupy the Premises for the full term of a fixed term tenancy, for any reason other than as provided in ORS 90.453(2), 90.472 or 90.475, Owner/Agent may charge Resident either:

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A)all of the following: i) all rent, unpaid fees and other non-rent charges accrued prior to the date that Owner/Agent knew or reasonably should have known of the abandonment or relinquishment of the Premises; ii) all damages relating to the condition of the Premises; iii) an early termination fee in an amount not to exceed one and one-half month's stated rent and which is due on the earlier of the date Resident gives notice to vacate or the date the Premises is vacated; iv) interest on the above amounts at the statutory rate from the date each was due, and v) all other amounts due at the times specified in this Rental Agreement; or prospective buyers or B) all actual damages resulting from the early termination, including but not limited to: i) repayment of concessions; all rent through the earlier date the Premises is re-rented and the lease termination date; ii) advertising and administrative costs to re-rent the Premises; iii) concessions given to re-rent the Premises; iv) the difference in rent if a lower rental rate is received from a replacement resident during the remaining term of the original Rental Agreement; v) damages related to the condition of the Premises, and iv) interest on all amounts at the statutory rate.

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What's your take on that or your experience on this? If they truly want to leave, I'm tempted to just get them out asap, and get new people in and just charge them for the days in between.

Love to hear some other thoughts/experiences on this.

Thank you!