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i have been renting in idaho from same landlord for 10 years

Customer Question
under a oral agreement now landlord...
i have been renting in idaho from same landlord for 10 years under a oral agreement
now landlord dies and land is passed to son. my oral agreement was that i could rent property for as long as i lived and i payed rent of 500.00 for 12 acres for 10 years without no complications.
what can i count on. i do have a room mate that was there and witnessed all oral transactions.
we planned to live here forever or the rest of our time and we have bought several animals and outbuildings and have a small business in our garage.
Submitted: 6 years ago.Category: Legal
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Answered in 9 minutes by:
8/1/2011
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question.

I am sorry but an oral transaction is not binding. Under law, specifically the Statute of Frauds, any contract involving land (which includes either sale, purchase, or renting or leasing) has to be in writing. Without a binding contract you are deemed to be a month-to-month tenant and that means that the son, at any time, can give you notice and request that you vacate the premises. The only way to avoid such a situation is to actually get a written and signed agreement with the new owner where he agrees to keep you on premises under a long term lease.

Good luck.
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Customer reply replied 6 years ago

what happens if i am disabled im sorry for falling asleep last night it was too late.

i am disabled and hear that it can take mos or years to make someone with a disability move what can i do to stay longer i will pay you today also thanks.

Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

Actually what you hear is not quite correct. If the individual follows the proper process under state law, he can probably get you to leave in about 2-3 months. However if you fight it, extend the hearings, claim ownership or interest in property, or otherwise attempt to extend the process, then you may end up staying on the premises longer, possibly by 6 months.

Good luck.
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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