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 13 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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