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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 18091
Experience:  B.A.; M.B.A.; J.D.
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This week I went to court with my landlord because she refused

Customer Question

This week I went to court with my landlord because she refused to accept Junes rent. Then served me with illegal notices. We ended up in mediation and I agreed to pay the June rent by 6/30 @5pm which I did as well as I agreed to pay my July rent no later than 7/6. She is holding last months rent from when I moved in and I have decided to move out and don't want to pay her Julys rent but have her apply the last months holding to the July rent that is due by 7/6...if I give her a 30 day notice to vacate tomorrow 7/2 can I request that she apply the last months rent to the July payment and then move out? Or can she still evict me because I did not technically pay her the Julys rent?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Could you explain a little more?
When do you plan to move out?
Do you have a lease?
If so, when does your lease expire?
Customer: replied 1 year ago.
I am planning to vacate by 7/30/15
I am covered under a lease until 10/20/15
When we were in court this week she originally wanted me to move out, but I have done nothing wrong..I believe she wants to move her daughter into the house which is why she is being difficult. She refused to take my June rent payment then took me to court for non payment??? We entered into a court order requiring me to pay June rent by 6/30 and July by 7/6 and by the 6th of the month going forward until the end of the lease. I am a single mom and due to my pay dates I struggle to pay by the 5th but I have always paid by the 10th in full with late charge. I just want to move out she is totally harassing me. I just need to know if I an request that she use the last moths rent to cover the July rent and I move out by end of the month. I also paid a $1200 security deposit when I moved in that she is holding. If I fail to actually pay he July rent and only request to have her apply last months rent to this month is that violation of the court order and can she evict me in the 3 days as stated on the court order?
Expert:  Phillips Esq. replied 1 year ago.
Thank you for the additional information:
I am planning to vacate by 7/30/15
I am covered under a lease until 10/20/15
When we were in court this week she originally wanted me to move out, but I have done nothing wrong..I believe she wants to move her daughter into the house which is why she is being difficult. She refused to take my June rent payment then took me to court for non payment??? We entered into a court order requiring me to pay June rent by 6/30 and July by 7/6 and by the 6th of the month going forward until the end of the lease. I am a single mom and due to my pay dates I struggle to pay by the 5th but I have always paid by the 10th in full with late charge. I just want to move out she is totally harassing me. I just need to know if I an request that she use the last moths rent to cover the July rent and I move out by end of the month. I also paid a $1200 security deposit when I moved in that she is holding. If I fail to actually pay he July rent and only request to have her apply last months rent to this month is that violation of the court order and can she evict me in the 3 days as stated on the court order?

Response: Yes to both questions. Your last month rent is for October, the last month of your lease. You are still obligated to pay July's rent unless the Landlord agrees to apply your last month's rent to July and releases you from further obligation under your lease. So, it would be prudent to make a written request for the Landlord to release you from further obligation under your lease and use your last month's rent for July. You may also request that the Landlord return your Security Deposit. However, the Landlord can legally keep your Security Deposit to cover one of the remaining months on your lease unless the Landlord agrees to release the Security Deposit to you. See Oregon Revised Statutes Chapter 90 Section 90.300:
http://www.oregonlaws.org/ors/90.300

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