New York Law (NYLE) Practice Exam

Is Eugene correct in saying the oral lease agreement is void because it was not in writing?

1. Yes, because of the parol evidence rule

2. Yes, because the lease is for a period of one year

3. No, because the lease is for a period of one year

4. No, because the lease is for a residential unit

The correct answer is: No, because the lease is for a period of one year

When considering whether Eugene is correct in asserting that the oral lease agreement is void due to it not being in writing, it's essential to look at the statute of frauds, which governs leases in many jurisdictions, including New York. The statute of frauds requires certain contracts, including leases for a duration of more than one year, to be in writing to be enforceable. In this case, the oral lease agreement would indeed be enforceable if it is for a period of one year or less because such leases can be made orally without triggering the statute of frauds. Thus, an oral agreement for a lease that lasts for one year does not need to be written to be valid and enforceable. Therefore, if the lease is truly for a one-year period, it is not void merely because it was not documented in writing. This understanding aligns with the principles of contract law that apply particularly in real estate and leasing situations. Hence, the determination of whether the lease is enforceable hinges specifically on its duration, confirming that it is legally permissible to have an oral lease for that term.