Estate of Saliba v. Dunning

In Estate of Saliba v. Dunning, 682 A.2d 224 (Me. 1996), a new tenant of a warehouse building orally agreed to lease space in the warehouse and pay rent of $ 1,500.00 on the first of each month. Although the tenant made monthly rental payments through August 1992, the tenant made no payments from September 1992 through July 1993, when the tenant's business failed and the tenant vacated the warehouse. Sued for back rent, the tenant raised a statute of frauds defense, which the Maine court rejected. The court held that a month-to-month oral contract for the lease of a warehouse "can be performed in less than a year, is not a contract for the sale of land and does not even remotely implicate any of the other categories of agreements requiring a writing pursuant to the Statute of Frauds to be enforceable." Id. at 227.