Breaking a Lease Landlord wont release tenant from lease even with a stalking order

[Jennyfromthebay]

Jurisdiction

Oregon

Tenant moved into property signing 1 year lease 7/10/15. Violently attacked at property 7/12/15. Asked to be released from lease. Jenningsgroup property management would not release tenant from lease. Permanent stalking order protecting tenants issued 8/15. 2/16 another incident of intimidation by another party occurred. Report filed with police. Tenant filed intent to break lease with landlord. Landlord said tenant responsible for rent until another tenant is found for apartment.( no replacement tenant found) landlord says ors 90.453 does not apply and tenant isn't at risk and tenant must get letter from attorney enforcing ors 90.453 or wait for new tenant to be found. Is landlord right?

 

[army judge]

I suggest you consult an attorney.
It seems the landlord has no intention of voluntarily obeying the state statute.

However, you could have made things simpler had you submitted written notice on June 1st that you're terminating the lease effective July 10th (or whatever is stated in your lease).

By the time this mess winds its way through the court system, it'll be Christmas or after New Year's Day.

There are exceptions to the statute, such as the tenant inviting the person or persons who thumped on the tenant.

 

[adjusterjack]

landlord says ors 90.453 does not apply and tenant isn't at risk and tenant must get letter from attorney enforcing ors 90.453 or wait for new tenant to be found. Is landlord right?

I don't know.

Tenant should read the statute and stop taking legal advice from the landlord:

ORS 90.453 - Termination by tenant who is victim of domestic violence, sexual assault or stalking - 2013 Oregon Revised Statutes

If she needs to leave, she should just leave, and defend against any landlord actions later.

Her self-preservation is nobody's business but her own.