Are verbalcommunications enough to negate the require of written noticewhen vacatingan apartment?

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Are verbalcommunications enough to negate the require of written noticewhen vacatingan apartment?

When we first moved into the apartment my roommate, landlord and I agreed that we would leave at the end of May and that if we wanted to stay longer we would discuss it then. The day we signed the lease we verified with him again when we would be leaving. In May we each called him, on separate occasions, to tell him the exact dates we would be leaving and he gave us a few things to take care of (cleaning, forwarding addresses and keys). He knew we were no longer there due to at least 2 trips to the apartment but is now claiming we owe back rent because we did not give written notice.

Asked on July 23, 2011 Rhode Island

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, unfortunately not.  A lease is a written contract between the parties that the court assumes that the terms of the lease were negotiated freely between the parties and that they both agree to the terms of it when it was signed.  The court does not generally allow "parole" or oral evidence to come in to a court proceeding when the parties have signed a written contract, except maybe to clarify a term that is unclear.  But if the written lease is clear here on the terms of notice and the requirements of giving notice then you are bound to those requirements.  Please seek some legal help here from an attorney in your area.  Good luck to you.


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