Divorce, Domestic Violence, & Tenancy Rights: Leasing Options for Renters (& Their Landlords)

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·         If a divorcing couple is on a
fixed term agreement and they're thinking about breaking
it,  the landlord would have the right to continue charging
the tenants for all of the rent that is due for the rest of the
tenancy period that's been agreed upon if a replacement tenant
can not be found. Additionally, there is a law in Oregon that
allows a landlord to charge the tenants a flat fee of any amount
up to a month and a half of rent, regardless of if they find a
replacement tenant. This is only applicable if the tenant is
breaking a written rental agreement that includes these
terms.

·         A divorce decree cannot
interfere with the rental agreement that already exists between
the landlord and the tenants. Therefore, if a divorcing spouse
who decides to stay at the rental property stops paying rent, the
landlord would have a claim against both spouses for the unpaid
rent, regardless of what the divorce decree says.


·         If you’re experiencing
domestic violence in your home, the first thing you’ll want to do
is speak with an attorney and see what your options are for a
restraining order, which can provide immediate relief. In
additional to this, you can let your landlord know about the
domestic violence that has occurred, as they have the ability to
terminate the tenancy of a domestic abuser with just 24 hours of
notice. The process of evicting an abusive tenant will take far
longer than the process of receiving a restraining order, so both
options should be considered. 


·         Oregon has a law, 90.453, that
allows victims of domestic violence to legally terminate their
lease with no penalties, so long as they provide a 14-days’
notice. As part of that notice, victims of domestic violence will
be required to include a qualified third-party verification,
which provides proof to a landlord that domestic violence did
occur. This law also allows domestic violence victims to get out
of their lease even if their abuser does not live with them.


·         Oregon law has relatively
recently been updated to say that a tenant cannot be held
responsible for damage that was caused by the perpetrator of
domestic violence as a result of an incident of domestic
violence.


·         Even though a landlord is not
allowed to evict or fail to renew the lease of a victim of
domestic violence, they do have grounds to terminate a lease if
they give the tenant a warning that the abuser is not allowed
back on the property, but the tenant invites the abuser back and
property damage occurs. By doing this, the tenant puts themselves
at risk of losing the protection provided by Oregon law 90.453.


·         If you would like to speak
with one of our family law attorneys regarding your unique family
law matter, please call our office at (503) 227-0200 or visit our
website at https://www.landerholmlaw.com/ to schedule a free
consultation.  For more information about Troy Pickard and
how his firm can be a resource for your family, you can view his
website here: https://portlanddefender.com/