Oral Lease Agreement for Unspecified Time Period Was Void

April 30, 2010

LVT Number: #22617

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant asked the court to dismiss the case. She claimed that she had an oral agreement with prior landlord that she could remain in her apartment until she “wished to vacate,” provided she pay periodic rent increases. Landlord argued that any oral agreement to that effect was ineffective. The court ruled for landlord. A lease agreement for any period longer than one year was void unless it was expressed in writing.

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice. Tenant asked the court to dismiss the case. She claimed that she had an oral agreement with prior landlord that she could remain in her apartment until she “wished to vacate,” provided she pay periodic rent increases. Landlord argued that any oral agreement to that effect was ineffective. The court ruled for landlord. A lease agreement for any period longer than one year was void unless it was expressed in writing.

Halberstam v. Kramer: NYLJ, 4/21/10, p. 28, col. 1 (Civ. Ct. Kings; Heymann, J)

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