Verbal Agreements with Landlord

As a tenant, you might find yourself in a situation where you need to negotiate changes to the terms of your lease agreement with your landlord. In some cases, you may even negotiate a verbal agreement with your landlord. This can be a convenient way to make changes to a lease agreement that might otherwise require a lot of paperwork and time. However, it is important to understand what you are getting into when you negotiate a verbal agreement with your landlord.

Verbal agreements with landlords are legal and can be enforceable. However, they come with some risks. One of the biggest risks is that verbal agreements are often difficult to prove. In the event of a dispute, it can be challenging to provide evidence of the terms of the agreement. Without written documentation, your landlord could deny having made the agreement, or claim that the agreement was for different terms than you remember.

To avoid these risks, it is important to take a few steps to protect yourself when negotiating a verbal agreement.

First, document your verbal agreement in writing. As soon as possible after the conversation, send an email or text message to your landlord summarizing the terms of your agreement. This documentation will help you remember the details of the agreement and provide evidence of the agreement if it is needed in the future.

Second, make sure that the terms of your verbal agreement are consistent with your lease agreement. If there is any ambiguity or conflict, it will be more difficult to enforce your verbal agreement. You should also check your lease agreement to see if it contains any provisions that require changes to be made in writing. If so, you should follow those requirements even if you negotiate a verbal agreement with your landlord.

Finally, be aware that verbal agreements may not be legally enforceable in every situation. Some types of agreements, such as contracts for the sale of real estate, are required to be in writing by statute. Additionally, some states have laws that prohibit verbal agreements related to certain types of leases. For example, in New York, verbal agreements related to rent-stabilized apartments are not enforceable.

If you are negotiating a verbal agreement with your landlord, it is important to proceed with caution. By documenting your agreement in writing, making sure that it is consistent with your lease agreement, and being aware of the legal requirements for verbal agreements, you can help protect yourself from the risks of this type of negotiation.