Posted by Mark Smith on February 27, 1999 at 23:21:19:
In Reply to: Oral-Lease posted by SnA on February 27, 1999 at 21:40:44:
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 of the case at: http://tenant.net/Court/Hcourt/current.html, or click on the link below, and scroll down to Torrence v. Barry, which is near the top of the page.
: Here is a little cut and paste from somewhere:
: Oral Lease
: 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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