Asked 1/22/2012
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1 year lease agreement in Oregon I rented our house to a married couple they signed a 1 year lease the wife is a stay at home Mom so the acceptance was base on the husband income. Since than the husband has left the house due to the spouse filing for divorce. Both parties signed the 1 year lease, The husband wants to cancel his part of the lease agreement. We stated he would not be refunded his security deposit back which he said is fine. But I have not been able to reach the spouse who is living there can I serve her a 30 day notice to move? If both signed the lease agreement I'm not sure once the husband is off the lease she will pay the rent. |
Answer 2/4 - Submitted 1/22/2012
Hi, kathyfaith, and welcome to WebAnswers.
Under Oregon landlord-tenant law you cannot ask her to leave if she has a lease, until she does not actually pay the rent, OR commits some other breach of the lease agreement, which does not appear likely.
I would continue in your efforts to reach her without becoming intrusive. It is very possible that the husband will have to provide some measure of support both now and after the divorce is final.
Further, you cannot simply "cancel" the security deposit nor "dispose" of it until the lease is up, in exchange for releasing him from the lease. The security deposit is the security deposit of both signers of the lease.
Thank you for your question.
Answer 3/4 - Submitted 1/22/2012
He signed the agreement, he's just as responsible for the terms of the lease as if he was still living there. Their marital issues have nothing to do with your lease. If for some reason you are not paid, you can go after both or either of them for any losses you incur due to a breach in the lease.
You can't serve a notice of eviction because your worried the rent won't be paid, you need to wait until it actually is not paid. I can't imagine he's not paying support to his family in one way or another.
Answer 4/4 - Submitted 1/23/2012
Everyone has to agree to change or terminate the contract. If the contract has ended, either party can give a 30 day notice to vacate.
I would certainly not release him. Just show him as not occupying the unit but do not release him of his responsibility.
Regardless what has gone on with their partnership you want to make sure you can go after both of them if rent is not paid.
If you wanted you could release them both and ask her to reapply for the house. If she doesn't qualify then you don't approve her new application. As long as all parties are in agreement you can end or change the existing contract.
Like Peanut and IMHO, i think your jumping the gun here. It is in your interest to keep the houses rented so leave her there until you do have a problem.
Unless the contract has expired or she has not breached any of the terms you cannot give her notice.
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