Re:Worst Roommate Ever
by HenryBemis on Friday February 23, 2018 @09:38AM
(#16446508)
I don't know where do you live, but I'm happy that "you over there" do things with a handshake. Over "here" without a contract only a court of law can determine who is at fault when two sides (owner - tenant) have a fall-out. And a (proper) piece of paper protects both sides by stating the rights and obligations.
Verbal contracts do exist. But hey, a piece of paper with signatures looks sooooooo much better in a court of law :)
Re:Worst Roommate Ever
by rowyourboat on Saturday February 24, 2018 @05:13AM
(#16452595)
> But hey, a piece of paper with signatures looks sooooooo much better in a court of law :)
It does. But the parent post suggested that if there is no signed lease, tenant laws should not apply, and I tried to point out that it does not work that way.
Well, the thing is, by coming to an agreement, you automatically enter a contract. There is not need for a signed piece of paper; a written, explicit contract is just for both parties to be clear on the terms, to deviate from default terms set by law, and to make possible litigation easier. You do not need to sign a contract if you buy a piece of gum from a vending machine, yet, legally, it is the same process as buying a car.
If I agree to let you stay in my apartment as your residence (that is, not simply a visit), we have entered a lease contract. Thus, tenancy laws come into effect. There is no need for a piece of paper to make what we have a lease.