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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2937
Experience:  Litigation Attorney
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I live now in Oregon and I have an opportunity in another

Customer Question

I live now in Oregon and I have an opportunity in another State. My boyfriend is not working with me to resolve the lease issue that ends February 29th next year (less than 3 months). The lease says "I(we)" and it addresses a 45 day notice period for termination not tied to the 1st of the month. Can I give my notice to terminate to apartment manager and remove my stuff now? I would save a month and manager would be able to re-rent the apartment as it is next to the Oregon City University starting Jan 15th. Then my ex-boy friend would either sign a new lease individually or move out too?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

I am guessing that the 45 days notice is notice to not extend the lease but if it is notice to terminate the lease early and it is provided by the lease then you can give notice to the landlord like you planned. The problem is if your boyfriend wants to stay. If he does then you would still be liable until the end of the lease term. If you both leave and the lease does not have an early termination then you could be liable until the end of the lease term. An exception to this would be if the landlord finds a new tenant in the 45 days and they move in after you move out. The landlord cannot charge double rent and you would not be liable for the lease if someone takes your place and pays rent immediately. I would require your landlord to sign a new lease and take your name off it or you could have future problems but the landlord must get full rent if you move out and not just partial rent from your boyfriend.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?

Expert:  Christopher B, Esq replied 1 year ago.

Are you there? Did you have any further questions?

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