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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17513
Experience:  B.A.; M.B.A.; J.D.
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One of my tenants moved out, gave back their key and gave me

Customer Question

Hi, One of my tenants moved out, gave back their key and gave me written notice they are breaking the lease. Can I evict the other for the one officially breaking the lease? I live in Oregon. They are co-tenants on the lease. I accept one rent check from them. However, Joint and several liability is not specifically written in the lease. Do I have to allow them to let another person apply and move in?
Submitted: 3 months ago.
Category: Real Estate Law
Customer: replied 3 months ago.
They are 3 months into a 1 year lease.
Expert:  Phillips Esq. replied 3 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I am preparing my response to your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 3 months ago.

Your questions:

Hi, One of my tenants moved out, gave back their key and gave me written notice they are breaking the lease. Can I evict the other for the one officially breaking the lease?

Response 1: No, you cannot. The other Tenant is now responsible for the whole rent. If the rent is not paid, then you can evict the remaining Tenant for nonpayment.

I live in Oregon. They are co-tenants on the lease. I accept one rent check from them. However, Joint and several liability is not specifically written in the lease.

Response 2: It does not have to be stated. Both of them are severally and jointly liable for the lease.

Do I have to allow them to let another person apply and move in?

Response 3: Yes, you do.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 3 months ago.
More info.. I gave him an offer to move out and terminate the lease without penalty and offered to split the last months rent back and deposit between the two tenants. He has not agreed to offer but keeps saying he is considering it.
I also have this in my lease. I'm not sure that you saying I have to allow him to present a replacement tenant is accurate. Please reference the specific statute.
. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Oregon Lease Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Oregon Lease Agreement.
Expert:  Phillips Esq. replied 3 months ago.

By my saying that you have to allow it, it does not mean you do not have any right to object if the replacement Tenant is not acceptable to you. However, eventhough your consent is required, your consent cannot be unreasonably withheld.

If the remaining Tenant does not want to move, you cannot force the Tenant out. However, the Tenant is liable for the whole rent. If the Tenant does not pay, you can evict the Tenant for non-payment.

Customer: replied 3 months ago.
Thank you for your advice. Although I would like to request a refund and avoid giving you a negative rating. I received Oregon specific info saying that because it is a 1 bedroom home the two existing tenants & their child already makes 3 people and the new roommate would be 4 (Over occupancy). Also, I would have to offer him an entirely new lease to add a roommate ( and this could be month to month)
Please give me a refund. Also, this didn't chare me $5.00 for a deposit like it said but for the full amount.
Expert:  Phillips Esq. replied 3 months ago.

You can contact customer service for refund. I have nothing to do with billing on the site. I am a site user just like you.

Expert:  Phillips Esq. replied 3 months ago.

Also, on your post requesting for a refund, you added information that was never in your initial post, which I responded to.

Expert:  Phillips Esq. replied 3 months ago.

In any event, your satisfaction is 100% guaranteed. Contact customer service for refund if you are not satisfied.

Customer: replied 3 months ago.
I understand your point about that I added info that was not on the original post. However, adding a new co-tenant to an existing lease without romoving the previous one creats liability for the departing tenant.

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