State the term of the lease. State the amount of rent, when due, and how payable. For the most part, an oral lease for less than 1 year is enforceable. It may be either independent of, or dependent on the other party s promised performance. Independent covenants can be performed or enforced even if the other party fails to fulfill his obligations.
Dependent covenants are obligations assumed as consideration for the other party s promises.
If one party fails to perform, the other is relieved of her obligation under her covenant. The remedy for breach of a covenant is an action for damages. For the most part, the non-breaching party may not break the lease upon the breach of a covenant. Conditions contained in a lease are contractual in nature. Conditions are restrictions or qualifications contained in the lease.