Can a landlord break a verbal lease without good cause?
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Answer:
The basis of the legal relationship between a landlord and tenant is derived from both contract and property law. Landlord-tenant contracts are typically known as rental agreements or leases. A lease or rental agreement is a contract between a landlord and a tenant which gives the tenant the right to use and occupy rental property for a certain period of time. A landlord-tenant contract may alter and define rights allowed under law, but what provisions may be contained in a lease is normally regulated by state law. Standard in all leases is the implied covenant of quiet enjoyment which gives the tenant the right to possess the rental premises without interference from or disturbance by others, including the landlord, and the warranty of habitability. A lease can be a verbal agreement or a written agreement. While leases or rental agreements for less than one year do not have to be in writing to be valid, the terms of the agreement are easier to enforce and the responsibilities of the parties are clearer if the rental agreement is in writing.
The answer to your question will generally depend on the interpretation and enforcement of the terms of your verbal agreement with your potential landlord, unless you suspect possible discrimination. Federal law prohibits discrimination in housing and the rental market for various reasons such as those based on race, color, national origin, religion, sex, familial status and disability. Specifically, Title VIII of the Civil Rights Act of 1968, as amended in 1988, also known as the Fair Housing Act, and the Civil Rights Act of 1866 prohibit discrimination. In some circumstances, the Fair Housing Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members. State and local laws often extend federally protected classes to include such characteristics as sexual preference, age, and even student status.
Even with a verbal lease, the landlord must give the tenant notice before expecting the tenant to vacate.
In an unwritten lease, the tenant must give 30 days notice to vacate or they're responsible for paying an additional month’s rent. The key is not whether the tenant paid bi-weekly or monthly. Where there is an oral agreement, the law treats the agreement as a tenancy at will, which always requires the tenant to give a 30-day termination notice prior to vacating the premises. ERFANI v. BISHOP, 553 SE2d 326, 251 Ga. App. 20 (2001).
A tenant paying every week would still have to give 30 days notice, not one week’s notice. See OCGA 44-7-6; 44-7-7