Business & Finance Renting & Real Estate

Rental Rights in Non-Lease Agreements

    Significance

    • Renting without a written agreement is in effect a month-to-month lease. If the tenant fails to pay rent for a month, the property owner can evict without notice. Month-to-month leases also do not require move-out notices of 30 days or more, a requirement that would appear in a written lease.

    Geography

    • State laws on rental agreements that are not in writing vary, and will often be vastly different. For example, in Texas, oral agreements are considered as binding in real estate as written agreements. However, not all states hold that same precedent. Before renting a property, the tenant should educate himself on the rights of renters in his state.

    Considerations

    • Despite the presence of a contract to lease, the landlord cannot abuse powers, enter into property without notice or refuse to repair damaged items to the property due to poor maintenance or construction. Remember, however, that these items are more difficult to prove without the presence of a written contract. This can mean lengthy and costly legal fees if a tenant opts to pursue a legal remedy.

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