Are verbal rental agreements binding? 9 Answers as of January 05, 2012

Are verbal rental agreements binding? There is no lease and we need the tenant to move out in 30 days, as we are selling the home.

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Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Your tenant is automatically a month to month tenant and is entitled to a full month's notice of termination of their tenancy. That would make it end no earlier than March 1st if you serve then before the end of his month. I suggest you hire a landlord tenant attorney. The law is both tricky and strict.
Answer Applies to: New York
Replied: 1/5/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
Yes, a verbal lease agreement is valid if the term is for one year or less. If there was no set date of termination, Georgia law treats it as a tenancy at will and the landlord must give 60 days' notice to the tenant before terminating the lease. The tenant must give 30 days' notice to the landlord if cancelling. See Georgia Code 44-7-5.
Answer Applies to: Georgia
Replied: 1/4/2012
The Law Offices of Robert W. Bellamy
The Law Offices of Robert W. Bellamy | Robert W. Bellamy
Yes, if you took money for rent. To evict them read the following: Civil Eviction in Alabama is called Unlawful Detainer. It is governed by the Alabama Uniform Residential Landlord and Tenant Act of 2007.
Answer Applies to: Alabama
Replied: 1/4/2012
Sultan Law Office | Gregory Sultan
Yes, verbal agreements are binding.
Answer Applies to: Illinois
Replied: 1/4/2012
Law Office of Walter Johnson
Law Office of Walter Johnson | Walter Johnson
You will either need to negotiate an exit strategy with the tenants or else formally evict them through the California unlawful detainer process. If you strike a deal with them, be sure not to give them any money till they have truly vacated the unit and turned over the keys. If you evict them, your first step will be to give them a 30 day (or 60 day if they have been there more than one year) notice. The sooner you give them that notice, the sooner the eviction clock starts ticking.
Answer Applies to: California
Replied: 1/4/2012
    Law Offices of Frances Headley | Frances Headley
    If the tenant moves in and you accept the rent then you have a binding month to month tenancy. You must give the tenant at least 30 days written notice to terminate the tenancy. If the tenant has been there longer than one year, other rules may apply and you should consult a real estate attorney about how to terminate the tenancy.
    Answer Applies to: California
    Replied: 1/4/2012
    Casler Law Offices PLLC | Carl Casler
    Yes, an oral residential rental agreement is binding (note: if renting out a mobile home space, the Arizona Mobile Home Act requires that the rental agreement be written). You may terminate a month-to-month tenant with at least thirty days advance notice (see ARS Sec. 33-1375). Tenancy will terminate at the end of the next periodic term. For example, if rent is paid on the first of each month, and today is the fifteenth of the month, you may serve a thirty day notice today, before the end of the current month, or anytime in between; in all cases, tenancy will terminate at the end of the next month, not the end of this month and not simply thirty days from the date of the notice.
    Answer Applies to: Arizona
    Replied: 1/4/2012
    Park Law Offices LLC | Kevin Parks
    Verbal rental agreements can be binding, as there are times that they are and times that they aren't, and it depends on numerous other facts that you don't specify. But generally speaking, it's a good rule of thumb to assume that they are binding. 30 days notice is the required time frame for most no cause evictions, so you should provide them proper notice and be as amenable as possible, with the hopes that they move by the deadline without issue. Of course, there's no guarantee that they will move by that time, and securing an eviction and forcing them to move could only come after the expiration of the notice period and then a successful court process, which is usually somewhat timely, on the order of at least a week or two, typically, and also carries with it some court costs, etc. (If it comes to that, it's especially important that your notices, etc., were sufficient, so you may want to contact an attorney to assist you with this.) In trying to convince tenants to move in an expedited fashion, the best method, especially if they're reticent to move at first, is to typically offer an incentive of some kind, such as a refund of one month's rent, or payment of moving costs, or first month's rent at a new place, or some other agreeable number.
    Answer Applies to: Oregon
    Replied: 1/4/2012
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