Is a verbal lease renewal made by only one tenant binding?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a verbal lease renewal made by only one tenant binding?

My son and his girlfriend signed a 6 month lease. Then 1 month before it expired, my son’s girlfriend made the comment that they “plan on staying” while my son was not around. Neither of them has signed a lease but now they have another place to live and the landlord is demanding to be paid for another month. Are either of them legally bound to pay? The original 6 months will be up in 5 days.

Asked on September 27, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The girlfriend can obligate herself through an oral or verbal agreement, but cannot obligate your son--no person can be bound to any contract or agreement, including an oral one or a brief lease extension, unless he specifically agrees to it. So your son can avoid having to pay rent, but that would potentially leave the girlfriend liable or obligated for the full amount.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption