Legal Question in Business Law in California

Is a contract involving a real property lease is the only contract relating to an interest in land that must be in writing to be enforceable

Asked on 10/18/11, 11:43 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

No, any interest in land. That includes security interests, such as mortgages or deeds of trust. It includes transfers, such as deeds. It includes express easements, and servitudes.

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Answered on 10/19/11, 7:42 am

Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. Roach is right. In addition, however, not all tenancies are considered contracts. So there can be a tenancy without a writing, even though it is not a lease, and the tenancy then becomes governed by the laws of tenancy rather than the law of real property contracts.

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Answered on 10/19/11, 10:04 am
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

My colleagues may not be aware that any time a landlord and a tenant agree to lease a rental unit for more than one year, the agreement must be in writing. If such an agreement is not in writing, it is unenforceable. You can check Code Sections 1091, 1624(a)(3).

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Answered on 10/19/11, 5:42 pm

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