Does a verbal rental agreement have basically the same provisions as a written one?
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Does a verbal rental agreement have basically the same provisions as a written one?
I have been renting a residential property in AR on a verbal agreement only. Can the landlord make me move out without any notice? Due to circumstances beyond my control, I had to leave the state for a couple of months. It was my intention to have someone else live in the house while I was gone and pay the rent. That did not work out, so now I have been told I have less than 24 hours to get up there and get my property out of the house. Is this legal?
Asked on April 5, 2011 under Real Estate Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) If ther is no written lease, but only an oral or verbal one, then either the landlord or the tenant may terminate the lease--and tenancy--on 30 days notice. That means that 30 days notice must be given, not 24 hours.
2) Even if proper notice was given, if you haven't moved out by the termination date, the landlord would have to bring an eviction action through the court's to evict you--the landlord can't use force, threats, turn off utilities, change locks, put your belongings on the street, etc. to get you out. Only the courts cann evict. Of course, if you hold over past the termination date, the landlord may have grounds to seek additional rent (for the holdover period) as well as evict you.
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