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Verbal Lease Agreements

Verbal lease agreements – Are they even valid?

Many people incorrectly believe that verbal lease agreements are not binding contracts. Verbal lease agreements are actually valid legal contracts but it is always recommended that all lease agreements become signed contracts between a landlord and tenant.

Verbal lease agreements are legally binding contacts

This is a sensible solution, as it removes any possible future confusion that could relate to rental payments, maintenance of the leased property and/or landlord and tenant’s respective duties.

What often happens though, is that a verbal lease agreement is entered into but only later on is a written agreement created. There are some important points to note in this regard.

Firstly, a written lease agreement cannot table terms and conditions that are different to those created in the verbal agreement. If this occurs, the tenant has the right to refuse to sign the written lease agreement and the terms and conditions will have to be negotiated between tenant and landlord. Also, should a tenant request a written lease agreement from a landlord, the landlord is legally compelled to provide one.

It’s always better for both tenants and landlords to create and sign a written lease agreement before a property is rented out.

Can we help you to create a lease agreement?

Contact us for assistance or learn more about Simon Dippenaar Eviction Lawyer.

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Disclaimer

The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.