Also known as: statute of frauds · statutes of frauds · SOF
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule that renders certain classes of contracts unenforceable unless evidenced by a signed writing or an applicable exception.
Francois Fortier, as executor of his uncle's estate, orally promised a creditor that he would personally pay the decedent's outstanding debt if the estate funds proved insufficient. When the creditor later sued Fortier on that promise after the estate defaulted, the court refused enforcement because no signed writing existed.
Fatou Fall orally agreed to lease commercial space from Frontier Capital for three years at a fixed monthly rent. Because the term exceeded the one-year period in the controlling statute, the landlord-tenant relationship could not be created by the oral agreement alone.
Select any source to read its text and confirm it supports the definition.
Frostline Textiles conveyed lots in a new subdivision subject to an unrecorded declaration imposing height restrictions on all structures. When a buyer later erected a taller building, the court held that no servitude arose because the declaration failed to satisfy the writing requirement for creation of servitudes.
Felix Franco signed a document that named the landlord and tenant, described the premises, stated a five-year term, and set the annual rent. The court enforced the lease against Franco because the signed writing met every element required for a lease within the statute.
Fatima Flores took possession of an apartment under an oral five-year lease and paid monthly rent that the landlord accepted for two years. Although the lease itself was unenforceable, the court recognized a month-to-month periodic tenancy based on the parties' conduct after possession and payment.
Francesca Fiore held a valid three-year written lease from Fidelity Trust. The parties later orally agreed to extend the lease for two additional years. Because both the original term and the remaining period exceeded the statutory threshold, the court held the extension unenforceable.
The statute applies to executor promises to answer for a decedent's duty, suretyship undertakings, and other enumerated classes listed in the governing restatement provision.
Supporting sources
An oral lease creates the relationship only if its duration does not exceed the period specified in the controlling statute of frauds.
Supporting sources
The writing must identify the parties and premises, specify the lease duration and rent, and be signed by the party to be charged.
Supporting sources
The lease receives no effect unless the tenant takes possession, in which case a tenancy at will arises, or possession plus rent payment creates a periodic tenancy, or the parties render substantial performance clearly referable to the lease terms.
Supporting sources
An oral modification is invalid when both the original lease term and the remaining period after modification exceed the statutory threshold.
Supporting sources
…universally require that those instruments be in writing. There is no doubt that statutes requiring wills to be in writing, and statutes of frauds which require that a contract to make a will be in writing, on occasion frustrate the effectuation of the intent of a particular decedent, just as Missouri's requirement of proof in this…