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Is a lease extension agreed to via email considered a

Customer Question
Is a lease extension...

Is a lease extension agreed to via email considered a binding agreement?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oregon

Lawyer's Assistant: What steps have been taken so far?

Sorry my computer ran an update and I lost you.. we sent the tenant a notice stating that they would be assessed a break lease fee per Oregon law, which would counter the deposit due... and they said that since the lease extension was agreed to via email and they never received a paper updated lease agreement they are just month to month

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ok

Submitted: 4 months ago.Category: Legal
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Answered in 34 minutes by:
1/4/2018
Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Legal
Satisfied Customers: 2,263
Experience: Attorney
Verified

Dear Customer ,

Thank you for posting your landlord-tenant question and contractual law question today. I'm attorney Bill offering support and assistance to your question.

Lease agreements longer than 1 year need to be in writing to comply with the statute of frauds in relation contracts that need to be in writing. They also need to be signed by both parties to be charged and bound under the agreement.

The correspondence by email may amount to a legally binding contract for a period less than one year.

"

1)In the following cases the agreement is void unless it, or some note or memorandum thereof, expressing the consideration, is in writing and subscribed by the party to be charged, or by the lawfully authorized agent of the party; evidence, therefore, of the agreement shall not be received other than the writing, or secondary evidence of its contents in the cases prescribed by law:

(a)An agreement that by its terms is not to be performed within a year from the making.

(b)An agreement to answer for the debt, default or miscarriage of another.

(c)An agreement by an executor or administrator to pay the debts of the testator or intestate out of the estate of the executor or administrator.

(d)An agreement made upon consideration of marriage, other than a mutual promise to marry.

(e)An agreement for the leasing for a longer period than one year, or for the sale of real property, or of any interest therein.

(f)An agreement concerning real property made by an agent of the party sought to be charged unless the authority of the agent is in writing.

(g)An agreement authorizing or employing an agent or broker to sell or purchase real estate for a compensation or commission; but if the note or memorandum of the agreement is in writing and subscribed by the party to be charged, or by the lawfully authorized agent of the party, and contains a description of the property sufficient for identification, and authorizes or employs the agent or broker to sell the property, and expresses with reasonable certainty the amount of the commission or compensation to be paid, the agreement shall not be void for failure to state a consideration.

(h)An agreement, promise or commitment to lend money, to otherwise extend credit, to forbear with respect to the repayment of any debt payable in money, to modify or amend the terms under which the person has lent money or otherwise extended credit, to release any guarantor or cosigner or to make any other financial accommodation pertaining to an existing debt or other extension of credit. This paragraph does not apply:

(A)If no party to the agreement, promise or commitment is a financial institution as defined in ORS 706.008 (Additional definitions for Bank Act), a consumer finance company licensed under ORS chapter 725 or a mortgage banker as defined in ORS 86A.100 (Definitions); or

(B)To a loan of money or extension of credit to a natural person which is primarily for personal, family or household purposes and not for business or agricultural purposes or which is secured solely by residential property consisting of one to four dwelling units, one of which is the primary residence of the debtor."

In relation to keeping part of the deposit you should notify the tenant in writing of your intention to keep part or all of the deposit; you need to be careful in this regard, as illegally retaining a deposit can land you in trouble with the courts.

If the tenant agreed in his emails to your retention of the deposit then this this agreement can act as a defense or you can seek enforcement of this agreement through the courts.

We are here to help, so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

So I hope you rate FIVE STARS before your exit today.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time and assistance to you today.

Thanks

Attorney Bill

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