Q: I arranged verbally with my landlord to terminate the lease early. I now want to retract and complete the rental, while he insists on terminating it as agreed. Is our verbal agreement binding?

A: As previously mentioned, rental agreements require an act of acquisition to be binding, since it is like acquiring temporary ownership of the property. Therefore, many maintain that a verbal agreement does not cancel the rental without a countering act of reacquisition by the landlord. Others disagree, since the landlord remains owner of the property.

Some distinguish that a verbal statement of the tenant does cancel his acquired rights, but a statement of the landlord relieves the tenant of his monetary obligation, if he wishes to leave (mechilah).

See From the BHI Hotline for further elaboration of these opinions.

If the lease stipulates that either party can terminate the rental through giving 30 days’ notice, the stipulation is valid, like any other stipulation between two parties (Sma 189:1, 315:2; Ketzos Hachoshen 316:3; Mishpat Shalom 189:[2]; Pischei Choshen, Sechirus 4:2[7]).