Will an oral lease agreement with the City be considered invalid when superceded by a written agreement?
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Will an oral lease agreement with the City be considered invalid when superceded by a written agreement?
A friend entered into an Oral lease agreement with the City, which was recorded in the minutes. Since a new mayor and council were elected, they had him sign a written lease which did not contain any of the unlimited term length of the oral agreement. My question for him is does the oral agreement still have validity or did the written agreement supersede the oral agreement? This is in Kentucky.
Asked on December 23, 2018 under Business Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The written lease will supercede the oral oral lease.
1) A later contract or agreement (properly entered into; see point 3, below) always supercedes an earlier one.
2) An oral agreement cannot be an "unlimited term": rather, it is at most, a month-to-month lease and so does not bind the parties for more than a month at a time at most.
3) The parties to a contract can always modify, change, or replace it by mutual consent or agreement.
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