Oral Agreement Is Void

June 30, 2005

LVT Number: 18179

Tenant sued landlord. He claimed that landlord agreed to give him a two-year lease for an apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. By law, an agreement to rent an apartment for more than one year is void unless it's in writing. Tenant claimed that landlord orally agreed to the rental agreement. And the fact that tenant deposited one month's rent with landlord didn't change the requirement for a written agreement.

Tenant sued landlord. He claimed that landlord agreed to give him a two-year lease for an apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. By law, an agreement to rent an apartment for more than one year is void unless it's in writing. Tenant claimed that landlord orally agreed to the rental agreement. And the fact that tenant deposited one month's rent with landlord didn't change the requirement for a written agreement. The deposit wasn't partial performance for the claimed agreement, since tenant never moved into the apartment.

Rosenberg v. Ridge St. Partners, LLC: NYLJ, 6/17/05, p. 27, col. 4 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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