FACTS: A husband and wife (“Lessees”) entered into a written lease (the “Lease”) with a homeowner (“Lessor”). Both the husband and wife signed the Lease, pursuant to which the Lessees were going to lease the property for two years.

The Lessees moved into the property and completed the first year of the Lease. However, Lessor is unhappy with some of the terms of the lease, and now wants to draft an addendum to the Lease.

Husband/Lessee signs the addendum.  Wife/Lessee refuses to sign the addendum.

ISSUE: Is the addendum valid if only one Lessee signs the addendum?

ANSWER: No.

DISCUSSION:

In accordance with the Statute of Frauds, A.R.S. §44-101, a lease for a period of one year or longer must be in writing and signed by the parties to be charged.

In this case, the Lease complies with the Statute of Frauds as it is in writing and signed by the parties.  However, the addendum to the Lease is an attempt to change either terms and/or conditions to the Lease.  Accordingly, in order to comply with the Statute of Frauds, the addendum must also be signed by both the husband and wife.  Because the wife/Lessee did not sign the addendum, the addendum is not effective and the original Lease terms remain unchanged.