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    ConfusedTenant's Avatar
    ConfusedTenant Posts: 5, Reputation: 1
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    #1

    Dec 30, 2007, 01:43 PM
    Verbal Lease?
    A year ago, we agreed to a lease term with our landlord. We discussed the terms of the lease, but never officially agreed to anything. A written lease was never signed by either party.

    Now we are wishing to move and are being given static by the landlord who claims that we had a verbal agreement, even though we never officially agreed to the lease terms. The landlord is now threatening legal action against us if we choose to move.

    Is he capable of suing us over it even though we never actually agreed to the terms, just merely discussed them?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Dec 30, 2007, 01:46 PM
    Verbal leases for a term of one year or more are not enforceable. You are a month-to-month tenant and you do not need to give more than 30 days written notice that you are terminating the tenancy.
    ConfusedTenant's Avatar
    ConfusedTenant Posts: 5, Reputation: 1
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    #3

    Dec 30, 2007, 01:48 PM
    Verbal Leases are not enforceable if they are for a duration of more than 1 year?

    Could you explain to me why this is?

    Is there any legal documentation I can print out to show to the landlord to show that there is nothing he can do?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Dec 30, 2007, 01:52 PM
    It's called the statute of frauds and it applies in all of the states. It covers many things, but basically it is a law that requires certain agreements to be in writing in order to be enforceable. You can read an explanation of it here:

    Statute of frauds - Wikipedia, the free encyclopedia
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Dec 30, 2007, 02:20 PM
    Yes, if for example you had an agreed to lease of 6 months or 9 months then it can be enforced. But if the verbal agreement was for a year lease, then it had to be in writing.

    There are many things that have to be, as lisa noted in writing to be enforceable.
    ConfusedTenant's Avatar
    ConfusedTenant Posts: 5, Reputation: 1
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    #6

    Dec 30, 2007, 02:47 PM
    Interesting, so would the lease have to be signed by both parties to become legally binding?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #7

    Dec 30, 2007, 02:50 PM
    Quote Originally Posted by ConfusedTenant
    Interesting, so would the lease have to be signed by both parties to become legally binding?
    Yes.
    ConfusedTenant's Avatar
    ConfusedTenant Posts: 5, Reputation: 1
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    #8

    Dec 30, 2007, 03:26 PM
    That's great so overall there is nothing he can do as long a we given him written notice saying that we will be out in 30 days.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Dec 30, 2007, 03:38 PM
    Hello Tenant:

    Nope. And, you don't have to convince him of it either. If he wants to sue you, then he will and you can't stop him. He SHOULD, of course, know the laws, but if he doesn't, you don't need to educate him. Tell your story to the judge. You'll win.

    excon
    ConfusedTenant's Avatar
    ConfusedTenant Posts: 5, Reputation: 1
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    #10

    Dec 30, 2007, 03:54 PM
    That's great, thank you all for the help, you've definitely made my day.
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