Statute of Frauds Not Applicable to One-Year Lease

Facts: A tenant and an owner entered into a one-year lease. The tenant paid rent for three months and then abandoned the property, arguing that, according to the statute of frauds, the lease was invalid because it lacked a property description. The owner successfully sued in small claims court for the unpaid rent, and the tenant appealed. The trial court ruled in favor of the owner, and the tenant appealed.

Decision: A Georgia appeals court ruled in favor of the owner.

Facts: A tenant and an owner entered into a one-year lease. The tenant paid rent for three months and then abandoned the property, arguing that, according to the statute of frauds, the lease was invalid because it lacked a property description. The owner successfully sued in small claims court for the unpaid rent, and the tenant appealed. The trial court ruled in favor of the owner, and the tenant appealed.

Decision: A Georgia appeals court ruled in favor of the owner.

Reasoning: The court noted that the statute of frauds does require leases to describe the property. How-ever, the statute of frauds also only applies to leases in excess of one year. The lease in this case was for only one year, so the statute of frauds description requirement does not apply.

  • Fields v. Lanier, November 2008

Topics