QUESTION
Would a verbal agreement that initiated the basis for a rental agreement supersede an unsigned contract that differs?
Asked on Dec 21st, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
2 months ago, I relocated and found a property for rent. I met with a gentleman who is the Property Manager (PM) and after viewing the house and discussing the terms, we verbally agreed to a 12m lease with an exclusive right to terminate the lease given 30 day notice if, and only if, it was due to work relocation. The PM said that he agreed to those terms and as such, I paid a 1-month deposit and first month’s rent. 3 weeks later, I was presented with an unsigned "Lease Agreement" which had no mention of this option to terminate. I then contacted the PM and told him that this was not our agreement and that I would not alter the terms of our verbal contract. He then said he'd get back to me. He didn't. Now work has relocated me in 40 days. How should I proceed? Do I have the law on my side?
5 ANSWERS
Land Use Attorney serving Tacoma, WA
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Harper Law Offices, Inc., P.S.
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The oral agreement would be enforceable as any other agreement, the only issue would be in proving the terms if the PM argues that he never agreed to your terms. It could be a problem of proof.
Answered on Dec 23rd, 2013 at 10:15 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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Since you never signed the lease agreement, it is sufficient for you to give a 30 day notice of termination.
Answered on Dec 23rd, 2013 at 10:15 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Verbal leases are valid if their term is less than 1 year. So give him as much notice as you can that you have been notified you are going to be relocated in writing since you have not signed the lease just wait and see if he will try to bind you to the balance of the term of the verbal lease.
Answered on Dec 23rd, 2013 at 10:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You don't have a signed contract, so you are basically renting month to month. Give 30 days notice and leave.
Answered on Dec 23rd, 2013 at 10:14 PM
Since there is no signed written agreement, the terms of the verbal agreement would govern. You can give 30 days notice and vacate. Additionally, you could probably skip paying the last month's rent since you already paid a one month's deposit, assuming that you leave the property in good condition.
Answered on Dec 23rd, 2013 at 9:58 AM