Gee v. Nieberg
Missouri Court of Appeals
501 S.W.2d 542 (1973)
The Gees (plaintiffs) signed a one-year written lease with Nieberg (defendant), paying a $315 security deposit equal to one month's rent. After 11 months, the parties orally agreed that Nieberg would release the Gees from the lease if they found another place to live, and the Gees moved out after paying all 11 months' rent plus the deposit. When the Gees sued for return of the deposit, Nieberg claimed it as the final month's rent instead, and the trial court found the oral termination valid and awarded the Gees their deposit back; Nieberg appealed.
Whether an oral agreement to terminate a written lease must be in writing under the statute of frauds when the unexpired lease term remaining is shorter than the period the statute of frauds requires to be in writing.