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Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 57390
Experience:  Experience representing landlords and tenants.
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I am a landlord in Oregon and have a question in regards

Customer Question

Hello... I am a landlord in Oregon and have a question in regards ***** ***** broken lease and a security deposit.
We have a clause in the lease that states there is a "early termination of lease fee" of $4500if tenants choose to terminate the lease before the one year.
Our tenants are getting separated/divorced and have chosen to break the lease. We have agreed to them moving out on June 15th and have been able to secure a new tenant. We will only be charging them rent until June 15th.
But they can NOT afford to pay the early term fee of $4500. Can this be deducted from their security deposit? Unfortunately, their deposit is not even enough to cover this fee... but we are willing to overlook the balance.
Can this legally be done?
If so, do we provide this in writing to them with a "receipt"?
Any help would be greatly appreciated.
Heather S.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.
You may deduct the early termination fee from the deposit. They agreed to it. The balance that remains may be waived, negotiated by payment plan, or pursued in small claims court. Give them a receipt if they ask for it.
Expert:  Infolawyer replied 1 year ago.
Frankly, if you waive rent get them to give you general releases in return.
Expert:  Infolawyer replied 1 year ago.
Kindly let me know if that is fast and acceptable.
Expert:  Infolawyer replied 1 year ago.
Kindly rate me positively.