Legal Question in Real Estate Law in Florida

Oral lease agreement

Is a one year oral lease agreement legally binding? Some websites say a lease of ''one year or more'' must be in writing. Others say ''more than one year'' must be in writing. Which is it? I'm leaving prior to one year even though I verbally told my landlord I would stay for the full year. I pay my rent at the beginning of each month. What are my legal obligations to my landlord?


Asked on 1/23/03, 9:50 pm

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Oral lease agreement

A lease for one year should be in writing to be enforceable. What you have is an oral month-to-month lease that either party may cancel upon written notice. Provide the landlord with 30 days written notice of your intention to vacate the premises, pay the rent through the date you vacate the premises, and you'll be fine. Make sure your written notice is sent by certified mail, return receipt requested (and by fax as well) so you can prove it was received in case that ever becomes an issue. Good luck.

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Answered on 1/24/03, 10:52 am
David Slater David P. Slater, Esq.

Re: Oral lease agreement

1 yr lease must be in writing to be enforceable.

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Answered on 1/24/03, 3:15 am


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