Are oral leases binding for more than a month to month agreement?

UPDATED: Sep 30, 2022

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Are oral leases binding for more than a month to month agreement?

I made an oral agreement to lease a room in my house for a year. Is it
binding? Can I cancel the lease early, because he had used my property such
eating my food and took my gardening soil without asking?

Asked on February 21, 2017 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, oral leases are only month-to-month, so you may give 30 days notice (which should be written and sent some way you can prove delivery, so you can prove you gave notice) terminating the tenancy, then if they don't go, bring an eviction action. Because tenancies generally start on the 1st of a month, the notice is really more than a month: i.e. if you gave it today (2/22/17), since it's too short to provide a month's notice for 3/1/17, you're really providing notice for 4/1/17 (that the last day of tenancy is 3/31/17; and 4/1/17, the tenancy is over).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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