What can an Oregon landlord do when a tenant breaks the lease?

Short answer

When an Oregon tenant breaks a fixed-term lease early, the landlord must take reasonable steps to re-rent (mitigation), may apply the deposit to actual losses under ORS 90.300, and may pursue any remaining damages (lost rent, re-rental costs) under ORS 90.410 and the lease itself.

When this comes up

Job-relocation moves, roommate breakups, short-notice vacates, and early surrender of keys.

Oregon rule or source to check

ORS 90.410 (effect of unauthorized possession and early termination), ORS 90.300 (deposit), and lease early-termination clauses if any.

Practical workflow

1. Document the tenant's notice or vacate. Keep the email, letter, or keys-return record and the date.
2. Inspect and secure the unit. Walk the unit, change locks if needed, and document condition.
3. Start mitigation immediately. List the unit at a market rate and document marketing efforts (listing dates, screenings, applications).
4. Apply the deposit and itemize. Within 31 days of possession ending, send the itemized accounting with the deposit balance or amount owed.
5. Pursue remaining damages. Calculate lost rent up to re-rental, re-rental costs, and consider small claims for the balance.

Common mistakes

Sitting on a vacant unit without marketing, charging the full lease balance regardless of re-rental, and forgetting to send a deposit accounting.

Related forms or workflows

Marketing log, re-rental advertising records, itemized accounting, small claims complaint when applicable.

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Related Oregon resources

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