Wednesday, May 23, 2012

A well written lease makes good landlords and tenants

Did you know that a lease can be either oral or written.  State Statute defines a lease as "an oral or written agreement creating a tenancy in real property".  Minn. Stat. §504B.001
.  Regardless, not only is it best practice to have any lease in writing, if a lease is for a fixed term greater than 1 year it must be in writing.  Minn. Stat. §513.05.  Failure to have such a writing will void the lease.  Id.  This requirement for a writing is called the “Statute of Frauds”.  The purpose of the Statute of Frauds is to provide reasonable safeguards and ensure honest dealing.  Doyle v. Wohlrabe, 243 Minn. 107, 66 N.W.2d 757 (1954)