When it comes to renting property, it is always advisable to have a written rental agreement that clearly outlines the terms and conditions of the tenancy. However, in some cases, a verbal rental agreement may be used instead. In Minnesota, verbal rental agreements are legally binding, but they can be risky for both landlords and tenants. In this article, we will take a closer look at verbal rental agreements in Minnesota and what you need to know.
What is a Verbal Rental Agreement in Minnesota?
A verbal rental agreement, also known as an oral or handshake agreement, is an agreement between a landlord and tenant that is not in writing. In Minnesota, verbal rental agreements are legally binding, just like written agreements. However, they can be harder to enforce and may result in misunderstandings or disputes.
Verbal rental agreements typically cover the same basic terms that a written rental agreement would, such as the rent amount, security deposit, move-in date, and length of the tenancy. However, without a written agreement, it can be difficult to prove what was agreed upon or to resolve disputes that arise.
Pros and Cons of Verbal Rental Agreements
Verbal rental agreements can be beneficial in some situations. For example, if a tenant needs to move in quickly and there isn`t time to draft a written agreement, a verbal agreement can get the job done. Additionally, some landlords and tenants prefer verbal agreements because they feel that they are more personal and flexible.
However, there are also several downsides to verbal rental agreements. Without a written agreement, it can be difficult to prove what was agreed upon, and this can lead to misunderstandings or disputes. For example, if a tenant claims that they agreed to a lower rent amount than the landlord remembers, it may be difficult to resolve the issue without a written record of the agreement.
Additionally, verbal agreements may not include important terms or protections that are typically included in written agreements. For example, a verbal agreement may not include clauses for noise restrictions, pet policies, or maintenance responsibilities.
What to Do if You Have a Verbal Rental Agreement
If you have a verbal rental agreement in Minnesota, it is important to take some steps to protect yourself. First, try to get as much in writing as possible. This could include emails, text messages, or notes from conversations that outline the terms of the agreement.
Additionally, you should be aware of your rights and responsibilities as a landlord or tenant. The Minnesota Attorney General`s Office provides resources for tenants and landlords, including information on the state`s landlord-tenant laws.
Finally, if you have a dispute with your landlord or tenant, consider seeking legal advice. An attorney can help you understand your rights and options and can represent you in court if necessary.
In conclusion, verbal rental agreements are legally binding in Minnesota, but they can be risky. Without a written agreement, it can be difficult to prove what was agreed upon, and there is a greater risk of misunderstandings or disputes. If you have a verbal rental agreement, it is important to take steps to protect yourself, including getting as much in writing as possible and seeking legal advice if necessary.