Massachusetts Real Estate License Practice Test

When must a tenancy for years greater than one year be in writing?

1. It can be oral

2. It must be published

3. It must be in writing to be enforceable

4. It can be verbal if both parties agree

The correct answer is: It must be in writing to be enforceable

A tenancy for years that extends beyond one year must be documented in writing to ensure its enforceability. This requirement stems from the Statute of Frauds, which mandates that certain agreements, including those related to real estate and leases longer than one year, be written to be legally recognized and upheld in a court of law. By having a written lease, both parties are provided with clear terms regarding their rights and obligations, thus reducing the potential for misunderstandings or disputes in the future. This legal framework is essential for protecting both landlords and tenants, ensuring that all parties have a solid reference point for the agreement. The other answer options do not align with legal requirements. An oral agreement, while perhaps reaching an initial understanding between the parties, lacks enforceability under the law for agreements greater than one year. Similarly, publication is not a requirement for tenancy agreements, and mere verbal agreements do not meet the legal criteria needed for enforceability in these situations.