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What are the lease termination rights for military personnel in Oregon?

What are the lease termination rights for military personnel in Oregon?

Full question:

Hi, I have a question regarding an Oregon Lease. I have a single family dwelling in Medford, OR. The tenant signed a one year lease and moved in 9-20-09. Today, I received notice that the husband that is in the military has had his orders changed and the family will now be moving in with him on base. What is the law regarding military personell breaking a lease due to a change in orders?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: California

Answer:

The Soldiers and Sailors Civil Relief Act (SSCRA) offers protections for service members wanting to terminate their residential leases due to military orders. If the lease was signed after the service member entered active duty, they cannot use the SSCRA to terminate it. To terminate the lease, the service member must provide written notice to the landlord after entering military service or receiving new orders. This notice must be delivered by mail in a properly addressed and stamped envelope; oral notice is not acceptable. Also, if the lease is a joint lease, one partner's notice is not sufficient to notify the landlord.

According to the SSCRA, a service member can terminate a lease if:

They entered military service after signing the lease.
They received orders for a permanent change of station or deployment lasting at least ninety days while in military service.

This law applies to leases for premises occupied by service members or their dependents for residential purposes (50 U.S.C. App. § 535).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What cannot a landlord do in Oregon?

In Oregon, landlords cannot retaliate against tenants for exercising their legal rights, such as reporting health or safety violations. They also cannot discriminate based on race, gender, religion, or other protected characteristics. Additionally, landlords must provide proper notice before entering a tenant's unit and cannot evict tenants without following the legal eviction process. Violating these rules can lead to legal consequences for the landlord.

How much notice does a landlord have to give to move out in Oregon?

In Oregon, the notice period a landlord must provide to a tenant to move out depends on the length of the tenancy. For month-to-month leases, a landlord must give at least 30 days' notice. For tenancies longer than one year, a 60-day notice is required. If the tenant has violated the lease, the landlord may provide a shorter notice, typically 24 hours for serious violations.

Is there a 90-day notice to vacate in Oregon?

Yes, in Oregon, a 90-day notice to vacate is required in certain situations, such as when a landlord is terminating a tenancy for no-cause after the tenant has lived in the unit for more than one year. This notice gives the tenant ample time to find a new place to live. However, for shorter tenancies, different notice periods apply.

What is a 90-day notice to vacate in Oregon?

A 90-day notice to vacate in Oregon is a formal notification from a landlord to a tenant, informing them that they must vacate the rental property within 90 days. This notice is typically used for no-cause terminations when the tenant has resided in the property for over one year. It ensures tenants have sufficient time to secure alternative housing.

What is the new law in Oregon for eviction?

Oregon has implemented laws that provide additional protections for tenants facing eviction. Under these laws, landlords must provide specific reasons for eviction, and tenants have the right to contest the eviction in court. Additionally, landlords are required to give proper notice and follow strict procedures before initiating eviction. These laws aim to prevent unjust evictions and protect tenant rights.

Is notice to vacate the same as eviction?

No, a notice to vacate is not the same as eviction. A notice to vacate is a formal communication from the landlord to the tenant, requesting them to leave the property by a specified date. Eviction, on the other hand, is a legal process initiated by the landlord to remove a tenant from the property if they do not comply with the notice. Eviction requires court involvement and must follow legal procedures.