LawInfo

If oral leases are valid for a lease under a year – then why do I need a written lease?

Other Leases FAQs

• What is a lease?
  A lease or rental agreement is a legal contract between a landlord and tenant.  The agreement gives the tenant the right to use and occupy the rental property for … more
• I have been renting a room for the last six months but I never signed a lease – do I still have a legal right to occupy the room even though I never signed a lease?
  Yes. Although a written lease is beneficial to protect the rights of both parties, oral agreements are valid where the lease period is for no more than one year.  … more
• If I do make an oral lease – what terms should I discuss with my future landlord?
  An oral lease requires both parties to agree to specific terms.  In most states, oral agreements require the parties to agree on: Duration of tenancy (no more … more
• What terms should be included in a written lease?
  A written agreement should include all terms that are required under a lease and other specified terms that may be otherwise material or ambiguous unless put in … more
• Can I choose to rent only to Hispanic tenants?
  In general, a landlord may choose their tenants freely based on business criteria such as the prospective tenant’s credit history, income, and references. In … more
• Are subleases usually allowed?
  Unless the lease prohibits a sublease, a tenant may assign the lease to a third party. Many leases either prohibit subleases or require adequate notice to the landlord.
• I found a place that I like better than my current place. Can I get out of my current lease?
  It depends.  If you are on a month-to-month lease, in most states you are required to give the landlord 30 days notice to end your lease (usually that notice … more
• Are there any differences in a commercial lease as compared to a residential lease?
  There are many similarities between residential and commercial leases, however there are differences as well.  Residential tenancies tend to be more … more
• If I have to sue my landlord or if my landlord sues me – who is responsible for the legal fees?
  Usually, the lease will have a provision that states that the “prevailing” party in any lawsuit will be able to collect reasonable attorney fees.  … more