Do I understand Oregon 90.427 correctly? If so, what's the difference between a lease and a month-to-month rental agreement?

Bankruptcy and Debt 6 views 3 answers
I believe this to be the most current version of Oregon 90.427 : (4) If the tenancy is for a fixed term of at least one year and by its terms becomes a month-to-month tenancy after the fixed term: (a) At any time during the fixed term, notwithstanding subsection (3) of this section, the landlord or the tenant may terminate the tenancy without cause by giving the other notice in writing not less than 30 days prior to the specified ending date for the fixed term or not less than 30 days prior to the date designated in the notice for the termination of the tenancy, whichever is later. If either party can terminate with a 30-day notice, why is a lease different than a month-to-month rental agreement?

Attorney Answers

3
Will Sherman ·
Based upon the statute to which you refer, the month-to-month tenancy kicks in once the lease expires. For instance: you have a year lease. For that term (1 year) the terms of the lease govern and generally you cannot give notice and move out at any time--you are obligated to pay for the whole year and the landlord is obligated to provide the place for you for a year. However if you do not sign a new lease and the year is up and you stay in the place , it generally defaults to a month-to-month agreement, meaning that either party can terminate with one month's notice to the other. You could also have a lease, with an explicit "month-to-month" term in it--basically a lease for 30 days, but that is pretty uncommon. Does that help at all?
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Gregory Abbott ·
While it is a bit convoluted, essentially what this statute is saying is that a term lease (generally 1 year) automatically becomes a month to month tenancy after the year unless a new term lease is signed or unless either party gives the other at least 30 days written notice that they do not intend to renew the lease or convert it to a month to month. So if the landlord wants the tenant out at the end of the term lease, or if the tenant wants to get out at the end of the term lease, each must give the other at least 30 days written notice of that fact prior to the term lease expiring. If they do not, it becomes a month to month tenancy and either party terminating it must then go through the proper notice requirements to end a month to month. It DOES NOT somehow mean that a term lease can be terminated without cause with 30 days written notice before the lease term is fully up. Good luck. Greg Abbott Consumer Law Northwest 6635 N. Baltimore, #254 Portland, OR 97203 503-283-4568 [email protected] "Practicing Landlord-Tenant Law in Oregon for Over 20 Years"
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Shelley Elder ·
the other two answers are on the money. Term lease then month to money when it is over
0 upvotes

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