Oral vs. Written Agreements - Landlord Forum thread

Oral vs. Written Agreements by Mickey (North Carolina) on June 28, 2012 @16:04

First, I'd like to thank everyone who responded to my first post. Also, I'd like to mention again that I'm a new landlord, recently inheriting a trailer park and a couple of houses. And lastly, for this next question to make sense, I also have to divulge a little more personal info on a public forum than I usually like to for this next question to make sense: my park is located in Burke County in North Carolina.

So, my question is which is better: oral or a written agreement?

The reason for this question is that my grandmother, whom I inherited this park from, used to have a written agreement with her tenants. However, a local judge (who's also known locally to be "landlord friendly") advised her to stay away from written agreements, because they often favor the tenants in court during the eviction process, and so she did so, and only used oral agreements for many years thereafter.
While attending court one day to evict a tenant severely late on their monthly rent, I also noticed that all of the other landlords in my county there for the same reason I was also used oral agreements with their tenants.

Coming from a corporate background, we have written agreements with all of our clients for anything/everything, and using oral agreements seems very "archaic" to me. Anyone else ever heard of this and why? Just curious. :-)

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Re: Oral vs. Written Agreements by Katiekate (New York) on June 28, 2012 @16:17	[ Reply ]

In the absence of a written agreement...it falls to the State laws on tenant-at-will. I know the laws concerning parks are totally different than the usual house/apartment laws. I would suggest to you that you learn the differences. Until then, keep it verbal.

Re: Oral vs. Written Agreements by Anonymous on June 28, 2012 @16:55	[ Reply ]

Never do an oral agreement, people's memories fade and become selective when it is convenient to do so. A written agreement protects both the landlord and the renter as it spells out for the life of the tenancy what each party's responsibilities are. You will most likely know more about the landlord laws for your area, consider it your duty to have a reference for your tenant to have that they can refer to if they have questions. I've made the oral rental agreement with a friend who is no longer a friend and it is a mistake you will only make once.

Re: Oral vs. Written Agreements by NY-LL on June 28, 2012 @17:11	[ Reply ]

Most landlords have a written lease agreement, if only for a month-to-month tenancy. Even an annual written lease agreement converts to a month-to-month upon expiration, however, the terms and conditions set for in the written lease agreement are still applicable. The landlord and tenant would both be subject by default to the state laws and regulations, without a written lease agreement. It seems to be good business practice to have a written lease agreement in order for both the landlord and tenant to come to clear terms.

Re: Oral vs. Written Agreements by Anonymous on June 28, 2012 @17:20	[ Reply ]

Why the old judge must have had the most busiest court room in the state. With all the oral leases' between landlords and tenants, he must have been in office for years! Looks like he found a way to stay in office for good!

Re: Oral vs. Written Agreements by Micah on June 29, 2012 @08:43	[ Reply ]

Do a written Month to Month Contract. That way all you need to do is give 30 days notice to vacate if you want them gone. There is no real defense for them against it.

Re: Oral vs. Written Agreements by Mickey (North Carolina) on July 3, 2012 @13:46	[ Reply ]

Thanks everyone for the feedback! I'm currently looking into written agreements other local landlords may be using! :-)