Tom, this can vary according to your state, Im more familiar with Indiana law as thats the only State in which I practice. A few things come to mind: Generally speaking, if I recall correctly, a lease which is for a term of a year or more must be in writing to be enforceable in the Courts (Statute of Frauds). HOWEVER that does NOT mean its illegal absent a writing, it simply means if you want the Court to enforce a lease and its term is a year if its NOT in writing forget it. ALSO agricultural leases are a breed of their own with some differences versus residentail leases and they are also very local
The next thing for consideration is that verbal leases are legal and enforceable (not withstanding the above if over a years term) however absent a writing its tougher to enforce them because the terms (if in dispute) need to be litigated.
SO NOT HAVING RESEARCHED ALL THE FACTS NOR FAMILAIR WITH YOUR STATES LAWS ALL I CAN OFFER IS AN EDUCATED PROFESSIONAL OPINION AND ITS WORTH JUST WHAT IM CHARGING YOU N O T H I N G
I would send the tenant a pre paid registered US mail return receipt certified letter (the type where he has to sign for and you get the Green Card receipt). In it you are placing him on NOTICE the prior verbal lease IS TERMINATED AND CANCELLED. That way he is at least been put on NOTICE that the past verbal agreement is cancelled.
Now heres the deal, Id recomemnd this REGARDLESS of your states laws or Indiana laws for that matter, because you are still placing him on LEGAL NOTICE of your intentions that way he has at least an opportunity to respond or ignore it or challenge or question it or take the matter to Court if your states laws dont allow cancellation absent certain time limits etc. Since theres no writing or terms to hang your hat on as far as the proper procedure concerning cancellation and its all been verbal the least you should do (per my professional although unresearched advice) is to give hom notice of teh cancellation.
CAUTION in these verbal arrangements the Court, as a matter of equity, WOULD REALLY FROWN ON AND TAKE HIS SIDE should he have leased it for years and you up at the last minute tell him NOOOOOOOOOOO its not yours now. Absent a writing the Courts reallyyyyyyyyy look at past procedures and could as a matter of law make a judicial determination what you did is untimely and patently unfair and rule in his favor !!!!!!!!! Soooooo again my best unresearched advice is TO THIS ASAP.
FINAL CAUTION: I get a kick out of these legal questions here because everyone and his brother in law comes out of the woodwork with their ALBEIT WELL INTENTIONED lay legal opinions and quick answers. Some are right on and excellent lay opinions while others are wayyyyyyyyy off base.
SOOOOOOOOOO ID ADVISE YOU TO SEEK LOCAL LEGAL COUNSEL WITH A PROFESSIONAL ATTORNEY WHO PRACTICES IN THIS SPECIFIC AREA OF LAW. Another problem is while someone may quote you accurate law, it may apply to written leases while all you have is verbal and that can be a totally differernt ballgame............
SEEK LOCAL COUNSEL but if you dont I would still at least send him a certified letter of your intentions ASAP
Best wishes n God Bless
John T in Indiana, retired Engineer and Attorney at Law
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