Landlord asking for more than 30 days payment

[Samantha35]

Payment for more than 30 days when notice is given??

I'm in Oregon. I moved in with a friend back in September. We agreed 30 days notice need to be given before I move or she asks me to move. She is not working and is trying to get money any way she can. She gave me a letter dated Nov 14th saying she is giving me 30 days notice to move but that she expects me to pay all of Decembers rent. I divided the normal monthly rent I pay by the number of days in December and am giving her a letter tonight informing her of the amount I owe for Dec 1-15, only. I know she'll argue this because she seems to feel entitled to have me pay rent even though she is the one that told me to move in 30 days! What can I tell her to make her realize she can't legally make me pay for the entire month of December???

(Please note she is currently waiting to file bankruptcy and was on disability for IBS, her disability was cancelled because they feel she should be working. She is now trying to sue them. She is trying to get any free money that she can.)

 

[ecmst12]

Some states require that the 30 days notice include one full rental period. For example, in PA, if you give notice any time between 11/2 and 12/1, you have to pay rent for the entire month of december. However, in my brief google search, Oregon does not APPEAR to have that requirement, so you should only have to pay rent for 30 actual days from the day you gave your notice.

And actually, I now see that it was HER request for you to move. Does she want you to move on 12/15 or not until 12/31? If she just gave you the notice early, then it's fine for her to want you to pay for all of December since you can stay for that long. But if she actually wants you out on 12/15, I don't see how she can expect you to pay rent after that.

 

[Samantha35]

Thank you!

She wants me to move within 30 days (which would be Dec 15). As she has ZERO income, she wants me to pay for all of December. I did find some info online that I printed and am going to give her. It says for OR, that 30 days notice can be given on any day of the month and not just the 1st of the month. It also says I do have to pay for the 30 days even if I move early. (Of course.) It also says that if I rent month to month (which I have been) that my landlord can give me 30 days notice. Since she gave me the notice dated Nov 14, I don't see why she even thinks she has a leg to stand on!

 

[ecmst12]

Maybe she used to live in a state that requires at least a full rental period of notice But even if she did, I also don't see how she thinks she can expect you to move by 12/15 but pay through 12/31.