Does a verbal rental agreement have basically the same provisions as a written one?

UPDATED: Apr 5, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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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