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Posted by Mark Smith on February 27, 1999 at 23:11:59:

In Reply to: Oral-Lease posted by SnA on February 27, 1999 at 21:40:44:

: Here is a little cut and paste from somewhere:

: Oral Lease
In the case of Torrence v. Barry, the Appellate Term, First Department has recently ruled that the landlord has to give 30 days' written notice to cancel a month-to-month tenancy, but the tenant does not have to give such notice. You can read a summary if the case at: http://tenant.net/Court/Hcourt/current.html. You can also click on the link below, and scroll down to Torrence v. Barry, which is near the top of the page.

: Theoretically, an oral lease is just as binding as a written lease. While oral leases may seem convenient at first, they are
: usually vague and easily forgotten. If your landlord should forget, or choose to disregard, her/his assurances to you, it will
: be your word against hers/his. For this reason, oral leases are generally not advisable. If you are unable to get a written
: lease, protect yourself! Try to get the landlord at least to write down the amount of rent, security deposit and responsibility
: for repairs. Even if you have an oral lease, you may still need to give written notice of your intent to terminate your tenancy.
: See section on Termination of the Lease.

• Torrence v. Barry

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Comments:
: 
: : Here is a little cut and paste from somewhere:

: : Oral Lease 
: In the case of Torrence v. Barry, the Appellate Term, First Department has recently ruled that the landlord has to give 30 days' written notice to cancel a month-to-month tenancy, but the tenant does not have to give such notice.  You can read a summary if the case at: http://tenant.net/Court/Hcourt/current.html. You can also click on the link below, and scroll down to Torrence v. Barry, which is near the top of the page.

: 
: : Theoretically, an oral lease is just as binding as a written lease. While oral leases may seem convenient at first, they are
: : usually vague and easily forgotten. If your landlord should forget, or choose to disregard, her/his assurances to you, it will
: : be your word against hers/his. For this reason, oral leases are generally not advisable. If you are unable to get a written
: : lease, protect yourself! Try to get the landlord at least to write down the amount of rent, security deposit and responsibility
: : for repairs. Even if you have an oral lease, you may still need to give written notice of your intent to terminate your tenancy.
: : See section on Termination of the Lease. 


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