ABA Family Legal Guide

Renting Residential Property

Renting Basics

Leases

What is the difference between an oral and a written lease?

When a lease is oral, it means that there is no written agreement setting out the conditions of the lease. Most standard lease forms are written by lawyers who work for landlords and the real estate industry, so the slant of the lease is usually in favor of the landlords. However, well-written and well-negotiated leases are preferable for both the landlord and the tenant, because they provide indisputable evidence of the terms of the agreement.