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Question

Is a verbal rental agreement legal in the state of New York and does the rental agreement have to be signed by both owners of the property?

Submitted: 38 days and 18 hours ago.
Category: Real Estate Law
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to question: New York

Posted by KUMAR PATURI ESQ 38 days and 18 hours ago.

Answer

a verbal agreement is usually legal in NY, for the first month in fact many leases are verbal and depends on the payment terms, if paid rent monthly it would be considered a month to month tenancy. Under the statute of frauds, contracts for any real estate must be in writing to be binding, for example if the landlord verbally agreed to a one year lease, and later than denies it since no writing was made as per law it would be considered a month to month tenancy.

38 days and 18 hours ago.

Reply

Ok, but what about the second part of the question when there is more than 1 owner of the property, in this case a house. Do both spouses have to sign the rental agreement for it to be legal, or is it still legal if only one spouse signs?

Accepted Answer

it is legal if one party signs the lease unless they did not have authority given to them by the other owner.

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Expert: KUMAR PATURI ESQ
Pos. Feedback: 97.3 %
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Answered: 10/15/2009

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10 years, UFT, NYSID, AFL-CIO, PPD Network Attorney

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