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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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hi, in Lincoln city Oregon I am in the last week of notice

Resolved Question:

hi,

in Lincoln city Oregon I am in the last week of notice to vacate the premises, consisting of a small corner of a room in landlords building, whereupon I will remove my property and shelving from the premises prior to leaving during the remaining week to me. can landlord delay my vacation, block the access or prevent me from completing my departure in time as I advised in my notice to do so, via cert. mail w/receipt?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Is this a commercial or residential lease?
Customer: replied 1 year ago.

the lease, itself, is a month-to-month tenancy ($50/mo.), only lasted for 1 month (due to a dispute over access/lack thereof to the space) and, although located in a commercial building, is actually a residential tenancy (space to put a computer server/@9 sq. ft) for personal non-business use.

Expert:  Zachary replied 1 year ago.
Unless you are actually living in the space, it will be a classified as a commercial lease and fall under the state commercial lease laws.

That being said, if you have paid your rent and do not owe back rent then the landlord has no right to lock you out of the space and is committing a breach of the lease. The landlord has a right to restrict access to your property only in a reasonable manner. Providing you with a notice that the lease will be terminated and then not allowing you to move out, and thus confiscating your property, is a conversion and a breach of the lease which may be sued upon in the justice of the peace court.

Please let me know if you need further information.
-ZDN
Customer: replied 1 year ago.

thanks, XXXXX XXXXX only difference here is that I executed the notice to terminate. my concern is either being unnecessarily delayed from completing my vacation before the due date and/or being deprived of being able to retrieve my property or even finding items missing, and to finally return the space to pre-occupancy condition.

Expert:  Zachary replied 1 year ago.
I understand. Again, the landlord does not have a right to lock you out where you have paid rent for the remaining period. If you executed a notice to terminate the lease, and it gave you a date on which the lease would terminate, you have a right to access the property prior to that date.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience: Lead trial/International commercial attorney licensed 11 yrs
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