Requirement of writing in a lease
While with regard to a contract for the execution of a real estate transaction, there is a legal requirement for a written contract, ‘the written requirement’, there is no such requirement in a rental lease.
The Rent Law stipulates: “A residential rental contract shall be made in writing and signed by the landlord and tenant.
However, this provision does not detract from the validity of the contract; a signed copy of the contract shall be delivered to each party.” The parties should be aware that an oral contract may be binding. In the age of multi-channel, this matter is gaining momentum.
Any proof that a contract is concluded between the parties can be made through telephone recordings, exchange of text messages between the parties, and more.
I do not intend, of course, to go into this broad subject but rather to warn that one must act with caution and not reason and not make unnecessary mistakes.
There are rules and tests by which it can be determined whether the parties; the tenant and the landlord, concluded a binding contract, and in the vernacular, whether they signed a contract or not.
For example, many are familiar with the rule that a contract is entered into by way of ‘offer and acceptance ‘, when there is an overlap or launching point between the parties to the contract, then we have a binding contract before us.
At the same time in the modern world, this matter is not at all clear, and this has implications regarding the date of the conclusion of the contract and even the location of the conclusion of the contract.
It goes without saying that the same blow with the hammer is still needed, at that specific moment when it will be determined that this is the date on which the contract was concluded.