Must I pay an extra deposit in pro-rated rent to a landlord who is asking me to vacate?

My landlord sent me an “eviction notice” though I paid my rent. I am on a month to month lease and he gives me 30 days to move out, but has informed me that he expects me to pay the entire month’s rent next month, and that he will return a partial amount to me if there are no damages to the home. He already has a deposit from when I moved in three years ago. What is the best way to get away from this situation without court fees, with my original deposit, and without paying a new deposit?

Asked on October 19, 2011 under Real Estate Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you landlord gave you a notice of eviction as to your month-to-month lease and if the time period for you to vacate overlaps two months (example, you have to be out November 17, 2011), you only have to pay rent up through November 17, 2011 (a pro-rated amount based upon the termination notice).

You are under no obligation to pay the entire November 2011 rent because you will not be in the unit for the entire period. If you pay for the entire month of November 2011 for rent, there will be a greater likelihood of a dispute in you getting back this amount and your security deposit placed years before.

I would write your landlord a letter setting forth your posiiton keeping a copy for future reference.

Whether you get embroiled in a dispute with your landlord over your rental remains to be seen.

Good luck.

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