If the lease agreement was only verbal (owners avoided signing...?

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...paper version, motivating by trust), then were they supposed to enter their housing, which they rented according to a verbal agreement, took payment (partially and in advance), without the presence of the lodger?

I was told that yes, because they are the owners "whenever we want - then we will come, we have the right to enter without you." Is it so by law?

22.05.2023 15:07 523

Answers

Photo of sikorsky.y.o Yaroslav Sikorsky

According to Art. 811 of the Civil Code of Ukraine, the housing rental agreement is concluded in writing.

However, according to Article 218 of the Civil Code of Ukraine, non-observance by the parties of the written form of the transaction, which is established by law, does not result in its invalidity, except in cases established by law.

Denial by one of the parties of the fact of committing the deed or disputing its individual parts can be proved by written evidence, means of audio, video recording and other evidence.

Therefore, it is theoretically possible to conclude a housing rental agreement in oral form. However, if one of the parties denies the conclusion of such an agreement, it will be quite difficult to prove the opposite in court.

I would like to draw your attention to the following, if the home owner took your funds without your permission, then such actions contain signs of a criminal offense.

If you are interested in detailed consultation on this issue, please contact me, I will be happy to help you.

22.05.2023 18:11

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