Some tenants say “I have no lease. This is incorrect; all tenants have leases. If you don’t have a written lease, you have a oral lease. An oral lease is legal and binding. WE DO NOT RECOMMEND ORAL LEASES.

An oral lease is an agreement - usually month to month or week to week - between landlord and tenants, and is automatically renewed every rental period until terminated by either party. An oral lease may be established by express or implied agreement between the parties.

Under an oral lease, the landlord can do any of the following as long as he/she gives you one rental period’s notice: order you to vacate; charge you for utilities which were previously furnished; and change any other terms of the “lease agreement”.

If you are determined to use an oral lease, BCT suggests you take witnesses with you when you have the landlord describe the terms of the lease and take notes so you will have a record of the lease terms.

State law requires the landlord to give you one rental period’s written notice to vacate the premises. Similarly, you must give the landlord one rental period’s written notice before you move. One month’s notice means a full calendar month, whether it has 28, 29, 30 or 31 days, and the month must include a full rental period. Example: If your rent is due on the 15th of the month, your rental period runs from the 15th of the month to the 14th of the following month. If your landlord wants you out on the 14th of May, then he/she must notify you of this before, not on, April 15.

Likewise, if you want to move out on May 14, then you must notify your landlord before April 15.

If you give your one rental period’s notice and fail to move by that date, you can legally be charged double rent. (~44 1.100)