Am I still required to pay for the final month at my rental given that the landlord broke our contract?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I still required to pay for the final month at my rental given that the landlord broke our contract?
I was renting space for my business and had a written agreement with the owner of the business that said we could terminate the agreement with 30 days written notice. He decided to terminate but failed to give me 30 days written notice. Per our agreement I paid my rent on the last day of each month.
Asked on June 4, 2015 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The breach you describe--the landlord providing less than 30 days notice--would actually mean that you could have *stayed* an extra month, so that you had (at least) 30 days notice prior to termination. However, you would have had to pay for that extra month and for all time you are actually in possession; a breach of this sort of notice provision doesn't eliminate any obligation to pay rent, but would only affect the lease termination date.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.