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Beware Implicit Virginia Oral Leases

By
Real Estate Agent with Samson Properties VA 0225-059831, MD 646410

Beware Implicit Virginia Oral Leases

Copyright (c) 2012, Deanna & Jim's GOLD Team

 

In Virginia contracts having to do with buying, selling, renting, leasing-out, or buying or selling options to buy/sell/rent/lease-out real property have to be in writing to be court-enforceable, right?

Well, NOT REALLY.

It turns out that an oral lease for a term less than 13 months is court-enforceable.  An oral lease is implicitly created when a landlord allows someone to occupy their premises without signing a written lease.

Should a disagreement arise which leads to the courthouse the judge will determine what constitutes the lease agreed to by the parties based on the testimony of the parties and the witnesses each party can assemble as to what the agreement was!

The virtue of a written agreement is that there is no disagreement about what it says or does not say.

The major disadvantage of an oral agreement is that it tends to be somewhat fluidly remembered by the various parties thereto.

So do not let your relative rent out an extra room, or attic, or basement, on a handshake and a smile!  This does happen, believe it or not.  

When disagreements arise it is all too easy for the tenant to get some nice pro bono legal aid by an eager beaver law student!

Posted by

The Gold Homes Team, LLC. MBA, MSE, MA, CDPE, Associate Broker VA, MD, FL

goldhomesteam.com   va-probate.com

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