Oral Rental Agreements

In an oral rental agreement, tenant and the landlord agree orally (not in writing) that tenant will rent the rental unit. In addition, tenant agrees to pay a specified rent for a specified period of time —for example, a week or a month. This kind of rental agreement is legally binding on both tenant and the landlord, even though it is not in writing. However, if tenant has a disagreement with the landlord, tenant and/or landlord will have no written proof of the terms of the rental agreement.

Therefore, it's ALWAYS best to have a written rental agreement.

However, even if the agreement is oral, the landlord must give tenant a written statement regarding the name, street address, and phone number of the landlord or agent for receipt of legal notices; the contact information for the person who is to accept the rent; and how the rent is to be paid (for example by cash, check or money order.)

It's especially important to have a written rental agreement if the tenancy involves special circumstances, such as any of the following: 

• Tenant plans to live in the unit for a long time (for example, nine months or a year); 
• Tenant has a pet or water-filled furniture (such as a water bed); or
• The landlord and/or tenant has agreed to pay any expenses (for example, utilities or garbage removal) or to provide any services (for example, a gardener).

Any time that a tenant and a landlord agree to the lease of a rental unit for more than one year, the agreement must be in writing. If such an agreement is not in writing, it is not enforceable.