Lesson Viewed
Landlord and Tenant: Statute of Frauds
This lesson addresses the application of the statute of frauds to leases of real property. Topics include the conveyance and contract provisions of the statute; the contents of the lease document that are required to comply with the statute of frauds; the effect upon the parties when a tenant takes possession under an invalid oral arrangement; the doctrine of part performance; and the statutory exception for short-term leases.
Learning Outcomes
On completion of the lesson, the student will be able to:
- State the basic requirements of the statute of frauds.
- Identify the terms of a lease that must comply with the statute of frauds.
- Examine the treatment of alleged oral terms by courts when there is a written lease.
- Explain the doctrine of part performance and equitable estoppel as means to enforce an oral lease.
- Discuss permissible oral leases (statutory exception for short-term leases).
- Express the effect upon the parties when a tenant takes possession under an invalid oral arrangement;
- Describe the features of the conveyance section and contracts section of the statute of frauds.
- Apply the features of the conveyance section and contracts section of the statute of frauds.