Gruber v. Castleberry

OPINION

EUBANK, Judge.

This appeal questions whether an oral notice of election to renew a written lease is enforceable under our Statute of Frauds.

Appellants were the lessees of a medical suite located in a building owned by the appellee. The written lease provided for a two-year tenancy and contained the following provision for renewal:

“It is further mutually agreed between the parties that the Lessees shall have the option to renew this lease for an additional period of three (3) years following the expiration of the term of this lease upon the same terms and conditions herein set forth. It…