# Can a landlord change lease when confronted about it not being followed?



## thedazzlingdexter (12 mo ago)

Also if this is the case is it required to sign a new lease if they suddenly decide to change terms?


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## shameless (Apr 21, 2014)

There is absolutely no way for all of us to answer this. I believe you said you live in California, it would depend on what their state laws are. I definitely suggesting looking into property lease agreements in your state.

Unfortunately many states have laws that favor businesses, and not the people. As far as protecting businesses with lease liability.

My guess is yes, they probably are able to change the terms of the lease. If they were savvy enough to change their lease terms, when they have a tenant complaining about the terms of the leases. They probably would not go out of their way to change a lease, if it were not legal. That would not make much sense. It probably is to protect their interests.


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## islandlight (Aug 13, 2013)

Yes, laws are different everywhere. Try calling a local tenants' rights group; they might have a good idea of what's allowed.

Also, whether your landlord is an individual or a large corporation, they probably have better lawyers than you do, and might be able to get away with anything they want.

Generally speaking though, nobody can force you to sign anything.


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## thedazzlingdexter (12 mo ago)

0.M.I.A.0 said:


> There is absolutely no way for all of us to answer this. I believe you said you live in California, it would depend on what their state laws are. I definitely suggesting looking into property lease agreements in your state.
> 
> Unfortunately many states have laws that favor businesses, and not the people. As far as protecting businesses with lease liability.
> 
> My guess is yes, they probably are able to change the terms of the lease. If they were savvy enough to change their lease terms, when they have a tenant complaining about the terms of the leases. They probably would not go out of their way to change a lease, if it were not legal. That would not make much sense. It probably is to protect their interests.


But theres nothing in writing saying it changed.


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## shameless (Apr 21, 2014)

I literally do not understand how it could not be in writing, if the lease changed. The lease is a piece of paper or electronic docx. 

Are you saying they just verbally changed the terms of an agreement, without an amendment to the lease that already exists?


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## thedazzlingdexter (12 mo ago)

0.M.I.A.0 said:


> I literally do not understand how it could not be in writing, if the lease changed. The lease is a piece of paper or electronic docx.
> 
> Are you saying they just verbally changed the terms of an agreement, without an amendment to the lease that already exists?


Yes basically


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## chad86tsi (Dec 27, 2016)

thedazzlingdexter said:


> Yes basically


Then literally, contractually, legally, their changes don't exist.

They can say whatever they want because the have freedom of speech, but they can't enforce anything not in the written lease.


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## thedazzlingdexter (12 mo ago)

chad86tsi said:


> Then literally, contractually, legally, their changes don't exist.
> 
> They can say whatever they want because the have freedom of speech, but they can't enforce anything not in the written lease.


So if I continue and a complaint is made over it whats going to happen to me?


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## shameless (Apr 21, 2014)

Continue what?


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## chad86tsi (Dec 27, 2016)

thedazzlingdexter said:


> So if I continue and a complaint is made over it whats going to happen to me?


they will complain and whine and threaten. But at the end of the day, sanctions and legal proceedings will only look at the lease terms. Don't give any verbal agreements to any term changes. Oral contracts are very difficult to enforce, but are not completely unenforceable. Just don't agree to anything you aren't OK with, verbally or otherwise. If this comes to a head but isn't' taken to court, you can still expect your lease to be canceled at the end of the term, such is their right, and yours as well (to leave). If it's taken to court, they will lose.


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## thedazzlingdexter (12 mo ago)

chad86tsi said:


> they will complain and whine and threaten. But at the end of the day, sanctions and legal proceedings will only look at the lease terms. Don't give any verbal agreements to any term changes. Oral contracts are very difficult to enforce, but are not completely unenforceable. Just don't agree to anything you aren't OK with, verbally or otherwise. If this comes to a head but isn't' taken to court, you can still expect your lease to be canceled at the end of the term, such is their right, and yours as well (to leave). If it's taken to court, they will lose.


Okay so if say they are refusing to let me break it and I want to get a break becuase they refuse to enforce it and demanding I not follow it. Is there a way to phrase this that doesnt sound like a threat?


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## chad86tsi (Dec 27, 2016)

thedazzlingdexter said:


> Okay so if say they are refusing to let me break it and I want to get a break becuase they refuse to enforce it and demanding I not follow it. Is there a way to phrase this that doesnt sound like a threat?


I may not be following your question, but you can't use their poor enforcement or lack of enforcement to justify you not following it yourself. You can use it to justify a break on the consequences. I was a landlord myself for 5 years, it isn't' hard to follow rules, and terms for breaking leases is part of the contract somewhere. I broke one once, it made sense for me. It was a job transfer, and my company paid the fees.

You can get out, it's just a matter of what it will cost you, and the landlord creating a non-complaint situation can mitigate your costs in a couurt room. You are still liable, but the court would find their conduct mitigating of that liability.

I don't think there is a nice way to put that, other than to be honest, it might sound like : "Your actions/inactions have caused this to be a bad situation and I want out. I'd like to be reasonable on early lease termination fees, I don't think it's fair to pay the full fees given the circumstances caused by these actions/inactions." Leave it at that. 

At the end of the day, A judge would decide what is fair, not them. That is the only way they can get money out of you that you haven't already paid them. 

You may have to walk away from any deposit, and that may be a wise investment in your personal sanity.


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## thedazzlingdexter (12 mo ago)

chad86tsi said:


> I may not be following your question, but you can't use their poor enforcement or lack of enforcement to justify you not following it yourself. You can use it to justify a break on the consequences. I was a landlord myself for 5 years, it isn't' hard to follow rules, and terms for breaking leases is part of the contract somewhere. I broke one once, it made sense for me. It was a job transfer, and my company paid the fees.
> 
> You can get out, it's just a matter of what it will cost you, and the landlord creating a non-complaint situation can mitigate your costs in a couurt room. You are still liable, but the court would find their conduct mitigating of that liability.
> 
> ...


I can not follow the lease as they verbally changed the lease agreement becuase my behavior in following is considered a violation of my roommates rights. Yet my rights and the signed contract where reguarded as unimportant. But they never gave us paperworksaying they legally changed the agreement. So I can not comply to written contract as its violation of everyone else and I can not ignore it based on the contract follow it. So its follow it and get in a fight or dont follow it and get charged.


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## chad86tsi (Dec 27, 2016)

An unwritten change to the lease means that change doesn't exist. You only have one lease, the first one. Is your name on that one? If not, walk away and think nothing of it. If you name is on it, that is the lease you follow. 

Anything else is just irrelevant and clouding the actionable facts. It doesn't matter what anyone says, it matters what was written and signed. If your roommates want to sue you, they will have to use that first lease as a basis, and they will have to go to court to do so. The court will use the written signed lease. Follow what it says, nothing else exists anyway.


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## littlewyng (Sep 17, 2020)

It's tricky for anyone to answer without detail but you probably need to find an attorney friend to look at it for you. Especially in certain states the rules are tricky.


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## thedazzlingdexter (12 mo ago)

littlewyng said:


> It's tricky for anyone to answer without detail but you probably need to find an attorney friend to look at it for you. Especially in certain states the rules are tricky.


Lawyer said "take everyone to court". I just didnt want to since that is a hastle, takes a long time and in the meantime I still have the issue of physically living at the location.


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## chad86tsi (Dec 27, 2016)

What is the down side to packing your shit and leaving? What specifically are you trying to avoid by not doing that?

Any consequence that may come your way will have to use that same solution; to go to court. I'm sure they feel the same way about it as you do, too much hassle and too expensive. If they do choose to sue, then that written/signed lease will be all they can work off of (and nothing else). Do you really think they would sue you? and if so, what can they hope/expect to get out of that process?


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## thedazzlingdexter (12 mo ago)

chad86tsi said:


> What is the down side to packing your shit and leaving? What specifically are you trying to avoid by not doing that?
> 
> Any consequence that may come your way will have to use that same solution; to go to court. I'm sure they feel the same way about it as you do, too much hassle and too expensive. If they do choose to sue, then that written/signed lease will be all they can work off of (and nothing else). Do you really think they would sue you? and if so, what can they hope/expect to get out of that process?


I legally am bound by contract. Its that simple. Also have no where to sleep. I cant go to homeless shelter as they are on covid lockdown. Living here just cuases conflict over minor things. If they sue me and win I have to pay them whatever money I ow them. Also as a person doesnt own any assets my credit score is kind of needed.


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## chad86tsi (Dec 27, 2016)

thedazzlingdexter said:


> I legally am bound by contract. Its that simple. Also have no where to sleep. Living here just cuases conflict over minor things. If they sue me and win I have to pay them whatever money I ow them.


You are also legally allowed to break the contract if you are willing to deal with the consequences. You won't' be arrested. What are the consequences? Loss of deposit? pro-rated damages for remaining months in contract term? Early termination fees? What provisions does your state regulate and what are your rights? It took me 2 minutes to break my last lease, and My employer covered the fees which amounted to one months rent for the termination fee, and one months rent for turnover of the unit. Well worth it. There was no court, no police, no lawyers, nothing on my record, life went on like it never happened..

If you have decided you are stuck, it won't matter what anyone says on a web forum or in a lawyer's office. You will just have to live with whatever shenanigans the landlord and roommates come up with.


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## thedazzlingdexter (12 mo ago)

chad86tsi said:


> You are also legally allowed to break the contract if you are willing to deal with the consequences. You won't' be arrested. What are the consequences? Loss of deposit? pro-rated damages for remaining months in contract term? Early termination fees? What provisions does your state regulate and what are your rights? It took me 2 minutes to break my last lease, and My employer covered the fees which amounted to one months rent for the termination fee, and one months rent for turnover of the unit. Well worth it. There was no court, no police, no lawyers, nothing on my record, life went on like it never happened..
> 
> If you have decided you are stuck, it won't matter what anyone says on a web forum or in a lawyer's office. You will just have to live with whatever shenanigans the landlord and roommates come up with.


My employer is not going to pay the fees for me. It will hurt my credit and I have no where to sleep. Also I still am legally required to pay a year of rent, which I do not have. I need to find a replacement to break the lease.


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