Ark. Code Ann. § 4-59-102 (2026)
Leases, estates, etc
- All leases, estates, interests of freeholds, or lease of years, or any uncertain interests of, in, to, or out of any messuages, lands, or tenements made or created by livery and seisin only, or by parol, and not put in writing and signed by the parties or their agents lawfully authorized by writing so making or creating the leases, estates, interests of freehold, lease of years, or any uncertain interests, shall have the force and effect of leases or estates at will only, and shall not, either in law or equity, be deemed or taken to have any other or greater effect or force than as leases not exceeding the term of one (1) year.
- No leases, estates, or interest, either of freehold or of term of years in, to, or out of any messuages, lands, or tenements, except leases for a term not exceeding one (1) year, shall at any time be assigned, granted, or surrendered unless it is by deed or notice in writing, signed by the party so assigning, granting, or surrendering the leases, estates, interests of freeholds, lease of years, or any uncertain interests, or by their agents lawfully authorized by writing or by operation of law.
History. Rev. Stat., ch. 65, §§ 8, 9; C. & M. Dig., §§ 4865, 4866; Pope's Dig., §§ 6062, 6063; A.S.A. 1947, §§ 38-104, 38-105.
RESEARCH REFERENCES
ALR.
Sufficiency of description of terms and conditions of lease, or lease provision, so as to comply with statute of frauds. 12 A.L.R.6th 123.
Case Notes
Assignments.
A lease contract for five years containing no provision against assignment may be assigned. Keith v. McGregor, 163 Ark. 203, 259 S.W. 725 (1924).
Landlord could not object to assignment of lease executed by wife of tenant on the ground that she did not have authority to execute assignment, since only parties to assignment could object. Pardue v. Bryant, 219 Ark. 727, 244 S.W.2d 135 (1951).
Assignment of a lease to a third party by deed meeting all of the requirements of this section, the assignment of such lease was not violative of § 4-59-101. Jones v. Innkeepers, Inc., 12 Ark. App. 364, 676 S.W.2d 761 (1984).
Cancellation.
A parol agreement to cancel a lease does not of itself constitute a surrender of the lease; but when such an agreement has been executed, parol proof thereof may be made. Ford v. Miller, 149 Ark. 443, 232 S.W. 604 (1921).
Sufficiency of Writing.
Writing held insufficient to create binding lease. Holt v. Ames, 240 Ark. 218, 398 S.W.2d 687 (1966).
Execution and acceptance of notes for three years' rent, signed only by the tenant and containing nothing to identify the land leased, were insufficient to create a binding three-year lease, notwithstanding the statute of frauds, such notes might be valid evidence of an oral lease for the first of the three years. Norton v. Hindsley, 245 Ark. 966, 435 S.W.2d 788 (1969).
Where lease was in writing, signed by the lessor and lessee, and in all respects complied with § 4-59-101, it was an enforceable contract between those parties. Jones v. Innkeepers, Inc., 12 Ark. App. 364, 676 S.W.2d 761 (1984).
Cited: Jones v. Innkeepers, Inc., 12 Ark. App. 364, 676 S.W.2d 761 (1984).