Am I still required to pay for the final month at my rental given that the landlord broke our contract?

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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 5 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.


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