Is oral contract binding in rental issues?

Asked almost 2 years ago - Boise, ID

We have rented a house for 3 1/2 years. It was recently bought by a couple out of state. The property manager told us 2 weeks ago they MAY want us to move out at the end of April. Last weekend he confirmed over the phone that they definitely wanted us to be out by April 30th so that they can renovate. This weekend he asked if we could be a week earlier than that. Yesterday he asked if we could be out by the 15th.
He sent a letter, without mentioning it on the phone, to give us 30 days notice. This would have us leaving on April 23rd.
Going by his initial 'They need you out by April 30th', we signed a lease elsewhere starting April 30th. Does the phone conversation count as a binding contract pre-dating the 30 day notice letter? We have nowhere to go for the 1 1/2 weeks they want us out!

Attorney answers (2)

  1. Paula Brown Sinclair

    Contributor Level 20


    Lawyers agree

    Answered . The 30 days notice in writing was effective notice. Commonly when a landlord want someone out early they offer money. The cost of your hotel stay and restaurant bills for the interim time would be an appropriate sum.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Brandy Ann Peeples


    Contributor Level 19

    Answered . With an oral lease, you are a periodic or month to month tenant. This means, the tenancy is terminable upon 30 days written notice by either the tenant or the landlord. Thus, the 30 days notice given by the landlord is appropriate. The written notice would supersede the phone conversation.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

Related Topics

Property rental agreement

A rental agreement is a contract outlining terms of tenancy for a certain period of time. Short-term rental agreements may renew automatically until cancelled.

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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