Are verbal agreements upheld in a court of law?
My six month lease has run out. Prior to signing the lease my landlord and I agreed to month to month leasing. The landlord called last monday (6/12/00) and asked if I would be willing to sign a lease through September, I agreed to this. She said she would send the lease in the mail and that I could send it back after filling it out. The very next day the landlord calls and leaves a message stating that she has accepted a cash deposit for the apt. and that I have to be out by Aug. 1st of this year.
Would the verbal agreement (lease through Sept.) be upheld in a court of law? Do I have any recourse as a tenant?
Re: Are verbal agreements upheld in a court of law?
Agreements affecting the exclusive right to real estate such as the type of lease you describe must be in writing to be effective. The courts will not enforce a “verbal” lease as the law does not permit such an agreement.
Regretably, unless there is some sort of renewal provision in the original lease which states that it continues when you give notice or something similar, the landlord is going to prevail.
If you wish to discuss this matter further by Email contact us .
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
PO Bx 984
Los Lunas, NM 87031-0984