Is a verbal contract between a Landlord and all tenants binding?

Asked over 2 years ago - Tucson, AZ

I along with to other roommates rented a property. only 2 out of 3 were on the lease. A verbal contract was made to release one and put 3rd on lease in place of the one. However, 2 weeks befor new lease was to take place tenants 1 and 3 decided to brake verbal contract. landlord is now trying to put tenant 2 responsible for all of the lease and allowing 1 and 3 to leave with no responsibilities. all parties were aware of the verbal contract and had agreed with contract. Is tenant 2 responsible for everything since 1 and 3 walked out on original and verbal contracts. tenant 2 has text messages to prove verbal agreement was made between all parties.

Attorney answers (1)

  1. Robert H Nagle

    Contributor Level 10


    Lawyer agrees


    Answered . In general, verbal agreements with respect to real estate are not enforceable. So, questions regarding the text you reference include asking whether T2 replied back (a text to one without a reply doesn't prove T2 had agreed). Plus, what about a writing with T1 and T3? So, without sitting down, reviewing the original lease, getting some input from Landlord to understand where they are coming from, it's difficult to go beyond stating that the original 2 people who signed the lease as tenants are still on the hook for the lease. From there, if one of the 2 fails to perform, then, if the lease states that the 2 are liable "joint and severally", then yes, the landlord can go after just the one person, although that person could then pursue the other for their share.

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