Are all spoken agreements month-to-month leases?

UPDATED: Nov 6, 2011

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Are all spoken agreements month-to-month leases?

Me and my landlord said I would be in a year lease though I never signed a formal contract; it was all spoken terms. I now want to move out of my apartment before the one year is up. From what I have read all spoken agreements are month-to-month not a year by law, is this true or am I mistaken?

Asked on November 6, 2011 under Real Estate Law, Tennessee


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In most states in this country there is the presumption that all oral agreement for the lease of a residential unit are month-to-month leases. However, the presumption is rebutable by the parties to the agreement.

Meaning, if you have an oral agreement with your landlord for a residential piece of property and you sent the landlord an e mail admitting that it was for a year, then the preumption can be rebutted by the landlord if he or she wishes to deem the lease term a year with you.


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