Are oral leases binding for more than a month to month agreement?

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Are oral leases binding for more than a month to month agreement?

I made an oral agreement to lease a room in my house for a year. Is it
binding? Can I cancel the lease early, because he had used my property such
eating my food and took my gardening soil without asking?

Asked on February 21, 2017 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, oral leases are only month-to-month, so you may give 30 days notice (which should be written and sent some way you can prove delivery, so you can prove you gave notice) terminating the tenancy, then if they don't go, bring an eviction action. Because tenancies generally start on the 1st of a month, the notice is really more than a month: i.e. if you gave it today (2/22/17), since it's too short to provide a month's notice for 3/1/17, you're really providing notice for 4/1/17 (that the last day of tenancy is 3/31/17; and 4/1/17, the tenancy is over).


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