Does a verbal rental agreement hold up in court?

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Does a verbal rental agreement hold up in court?

Asked on January 30, 2011 under Real Estate Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Verbal (oral) leases are valid and are legally recognized if they are for under 1 year (leases for a year or more must be in writing).  The most common such lease is for a month-to-month tenancy.  These leases contain the same implied warranty of habitability as do written leases and rent increases are only permitted when the lease term has ended.  Finally, if a month-to-month tenancy is being terminated, the notice should be given in writing.

As for going to court over an oral lease, proof of a breach may be more difficult.  Just bring whatever information that you have.  For example if you are a tenant, have proof of your rental payments; if you are a landlord have proof of a noise complaint, etc.


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