Will an oral lease agreement with the City be considered invalid when superceded by a written agreement?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will an oral lease agreement with the City be considered invalid when superceded by a written agreement?

A friend entered into an Oral lease agreement with the City, which was recorded in the minutes. Since a new mayor and council were elected, they had him sign a written lease which did not contain any of the unlimited term length of the oral agreement. My question for him is does the oral agreement still have validity or did the written agreement supersede the oral agreement? This is in Kentucky.

Asked on December 23, 2018 under Business Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The written lease will supercede the oral oral lease.
1) A later contract or agreement (properly entered into; see point 3, below) always supercedes an earlier one.
2) An oral agreement cannot be an "unlimited term": rather, it is at most, a month-to-month lease and so does not bind the parties for more than a month at a time at most.
3) The parties to a contract can always modify, change, or replace it by mutual consent or agreement.


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 with SHA-256 Encryption