Rental Agreements (Leases): Verbal and Written
by: Montana Legal Services Association (MLSA)
What is a Verbal Rental Agreement?
A verbal rental agreement is one that's not in writing. If the landlord lets you move in and accepts your rent payments, then you have a verbal rental agreement. A verbal rental agreement has the same power as a rental agreement that is in writing. A verbal rental agreement can be a legally enforceable contract. [A rental agreement, whether verbal or written, is sometimes also called a "lease."]
What Rights and Responsibilities Do I Have Under a Verbal Rental Agreement?
You have the same rights and obligations as tenants who have written rental agreements. For example, you must pay your rent and not damage or destroy the property. If you pay the rent by the month, then it's a good idea to give your landlord 30 days' advance written notice of when you're moving out. If you pay by the week, you should give 7 days' advance written notice of moving.
What Rights and Responsibilities Does My Landlord Have Under a Verbal Rental Agreement?
Even if your rental agreement is verbal, your landlord has to provide you with the same services that landlords provide to tenants with written rental agreements -- such as, running water, heat, hot water, making repairs.
What Laws Apply?
Usually the same laws about landlords and tenants apply to both verbal and written rental agreements.
What Can I Do if I Have a Problem with My Landlord?
If You Have a Verbal Rental Agreement
You will need to look at the laws that apply to renting. The laws will tell you what your landlord should do and what you should do. Click here for see general laws about renting. Click here to see the laws about security deposits.
If You Have a Written Rental Agreement
1. Be sure to read your rental agreement carefully. The rental agreement may tell you what things your landlord has to do, and what things you have to do. As long as those things are legal, you and your landlord must follow the rental agreement. Sometimes landlords write the rental agreements so that you have to do things that the law says the landlords should do. If the rental agreement says you have to do something you think your landlord should do instead, you should talk to an attorney. An example is if you think your landlord should have to pay for a repair to a broken sewer pipe that is spilling sewage into your home, but your landlord tells you that you must pay.
2. Read what the laws say.
Where Can I Get More Information?
You can find out more information about landlord and tenant issues by clicking here.
Where Can I Read the Laws About Landlords and Tenants?
The laws are in the Residential Landlord and Tenant Act that you can read by clicking here. The laws about security deposits are in the Residential Tenant's Security Deposits Act that you can read by clicking here.
What Can I Do if I Need More Help?
If you need more help, you can contact:
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