Current Events > Anyone familiar with Verbal lease agreements?

(+) Yeah! (+)

Specially for ohio?

Up until November of last year we had a written lease agreement, then it became month to month verbal lease agreement Then about 3 months ago our landlord passed away so her daughter is now in charge of the estate and collecting rent. My question is that are the terms of the previous written contract enforceable with the verbal agreement.

The lady who collects the rent is trying to say we can't have nobody staying with us not even over night.

My brother is homeless so he's been staying with us and she's trying to say he can't be here even though when she took over of collecting the rent she never stated nobody could stay with us.


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Would it be our word against hers? There was 3 of us in the room when she stated it would be month to month and she didn't say anything about people staying with us.

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Always get it in writing. Your deal was with the previous landlord, the new one i'm sure can come up with her own terms since nothing in the previous one was written and signed.

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I don't practice in LL/Tenant stuff and don't know anything particular about Ohio (I'm in FL) but typically when a year or longer lease expires and you hold over it will convert to month-to-month term. If the verbal agreement didn't change anything, and excluding any other facts, most people would agree that the terms of the old written lease would apply to the month-to-month hold over.

Any lease over a year has to be in writing and its pretty common for the year long leases to be converted to month-to-month. The only oddity with your situation is the verbal agreement part of it. So as long as there is nothing suggesting that the terms changed by verbal agreement the underlying lease would probably apply. The fact that the LL died also makes it even more likely that those terms would apply.

I could be wrong and you should do your own legal research but that is my understanding based entirely on generalities.

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Since it's verbal , would she still have to give us the 30 day notice to leave? We have proof that we paid rent on time each month to the lady collecting rent.

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Mr_Karate_II posted...

Since it's verbal , would she still have to give us the 30 day notice to leave? We have proof that we paid rent on time each month to the lady collecting rent.

depends on the state, but most places have residency laws, which basically mean if you can prove you've been at location X for so much time, then that is your legal place of residency and therefore you can't just be kicked out overnight. Usually it's a 15-30 day window and that has be served in writing by the landlord. Even gross violations of a lease agreement are generally subject to some kind of residency window where they can't just throw you out in a moment's notice.

whitelytning posted...

I don't practice in LL/Tenant stuff and don't know anything particular about Ohio (I'm in FL) but typically when a year or longer lease expires and you hold over it will convert to month-to-month term. If the verbal agreement didn't change anything, and excluding any other facts, most people would agree that the terms of the old written lease would apply to the month-to-month hold over.

Any lease over a year has to be in writing and its pretty common for the year long leases to be converted to month-to-month. The only oddity with your situation is the verbal agreement part of it. So as long as there is nothing suggesting that the terms changed by verbal agreement the underlying lease would probably apply. The fact that the LL died also makes it even more likely that those terms would apply.

I could be wrong and you should do your own legal research but that is my understanding based entirely on generalities.

I was basically going to post this. Seems like a fair analysis of the general rules, but every state has its own quirks.
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Thanks for help y'all, i appreciate it.

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