If mylandlord refuses to give a lease or rental agreement, what are my rights to obtain one?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If mylandlord refuses to give a lease or rental agreement, what are my rights to obtain one?
I am a business owner. I feel that I need a lease because my landlord frequently increases my rent. He also expects me to fix the equipment I rent from him when it breaks. Can I force him to give me a lease or rental agreement? If so, how? If not, what can I do to ensure I am not unjustly evicted?
Asked on March 25, 2011 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, unfortunately you can't force or require a landlord to give you a written lease, other than by threatening to leave if you don't get one. Written leases are not requiered under law; oral leases are allowed. And while there are significant problems with oral leases--they are only for one month at a time; it's hard to prove their terms; they provide little certainty--the big advantage for many is that since they are only for 1 month at a time, they can be changed--or terminated--on one month's notice. So while you can always try to play hardball to "force" the landlord to give you a written lease, there is no legal basis for requiring one; and if you play hardball, you have to be prepared for the consequences.
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 AttorneyPages.com 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.