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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 18824
Experience:  B.A.; M.B.A.; J.D.
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I live in Oregon and am renting out my condo year lease.

Customer Question

I live in Oregon and am renting out my condo for a year lease. There is a clause, agreed upon and signed by the renter and I, that states the renter must give 90 days notice to move and out pay rent through this period if terminating the lease early. Is this legal?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I know I can only charge a month and half's rent as a fee for terminating the lease, but the wording in agreement is that rent must be paid through the 90 day period which would be more than 1.5 a month's rent but technically is not a fee for terminating the lease.
Expert:  Phillips Esq. replied 1 year ago.

It is a fee for terminating the lease if the Tenant vacates the premises 90 days earlier--after giving a notice. So, the clause is NOT enforceable. See Oregon Revised Statutes Chapter 90 Section 90.302:

http://www.oregonlaws.org/ors/90.302

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