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acoustic_kitties | Under what circumstances can a landlord change the terms on the lease? |
My landlord stopped by earlier this week to let us know that the "owner drove by this weekend and was disappointed with the yard"---uhh, well yeah! It's a total mess of weeds and it's overgrown.
Why would that be? Because in the lease it clearly states that the landlord would be doing all yard maintenance. So we'd just been waiting and wondering when somebody was going to come by and take care of it....but evidently they're never coming. When I explained it was in the lease, they didn't believe me...then went and checked and just said, "well that was never our intention, the owner wanted tenants to maintain the yard."
WHY can the landlord just DECIDE to make changes like this. I can't call him up and go, "Oh, hey, I've decided that I want you to start paying my water bill." And yard maintenance is going to take some monetary and time investment. I don't want to move out, but why can they do that without lowering our rent a little or something? We're in california, btw. |
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Ken
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Since you do not want to move, you are going to have to work this out with them (I am assuming there is a middleman-management company). It sounds like whoever drafted the lease made a mistake but that mistake is strictly construed against the landlord. It is possible that the management company provided the wording of the lease and is now trying to do some CYA with the landlord. I would suggest a few options for resolving this:
Tell the landlord to do the yard maintenance and if he doesn't call the city and complain when the lawn gets out of control.
(hard line approach).
Call a lawn maintenance company and have the work done and deduct it from your rent.
Tell the landlord you will do the yard maintenance for a reasonable amount off the rent.
You could ask them to re-write the lease but you would want something in return. A rent reduction or another term made more favorable to you.
Remember, if you do not plan to move at the end of this lease term you will need to work this out with them.
Best of luck. |
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Mike
 |
They cant. When the lease has expired, they can make those changes when the new lease starts.
You are probably within your legal rights to give notice that if they do not take care of the yard within 15 days, you will hire a landscaper, and take the money out of the lease.
They CAN NOT change the lease. The landlord is responsible for the yard, and is responsible for taking care of it.
DO NOT let them try to pressure you into amending the lease.
When the lease term is up, the new lease can be changed. But for now, they are responsible for the outside, DO NOT let them change it. |
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bgee2001ca
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If that is stipulated in the lease, then the landlord is liable until the end of the lease.
Speak to an advocate, there must be a renters rights group, and they will help you get things sorted out. |
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goz1111
 |
if it is a fixed term lease then neither party during the term of the lease can change the lease terms so no it is illegal
they must live by the terms until the lease ends, now if you are on a month to month they can with a month notice change the terms
if they try fight it, you will win in court, because it would be illegal to try and change the terms, on a side note once the lease is up they can change the terms |
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Expert Realtor
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There is NEVER a time when they can change the terms mid-lease.
The landlord has to pony up the expense. The landlord should have read his own lease.
You also don't have to pay the water bill either, if the lease states that it's his responsibility and included in the rent. |
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AnOrdinaryGuy
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The landlord is stuck with the terms of the lease until it is due to expire. He can then change the terms, if he gives you proper notice in advance, and usually this notice must meet the same requirements as a lease termination notice, because that's what it amounts to: "I will terminate this lease on xx/xx/07 unless you agree to this new provision. If you remain on the property after that date, you have agreed to the new terms." It's like a change in the rent.
If your lease is for a year, then he can't change the terms until that year is up. If you are on a month-to-month lease, he can change the terms on one month's notice. |
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Kristy - Kaitlyn's mommy
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They have no right to change there mind. If it is in your lease then that what it has to be. They can only change it when your lease is over.
Make a copy of the lease, highlight the section and explain it to him that is right there in black and white.
Good Luck! |
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MrsSilentWarrior
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A landord can't change a lease while it's in force. The tems can only be changed upon renewal. I assume that your lease is for a given time period-6 mo/year/2 years? At the time of resigning, carefully look over your lease to make sure there aren't any unexpected changes. Right now, there's nothing the landord or owner can do about the lease terms. If you've a small yard and don't have the equipment, you might think about hiring a neighborhood kid to cut the lawn. Remember, honey attracts more flies. Try to talk this situation out in a mature way. You might be able to sweet-talk the owner into reducing your rent to help cover the expense of paying someone to mow it or investing in a mower. Good luck! |
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webeinart
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if it states in the lease for him to do yard maintenance then it's on him if he refuses he has broken the lease and you can move request all deposits and are not bound to the lease.
but if you want to stay there are legal ways to have them take care of their part for it is a legal binding contract.
if they are to take care of it according to the lease and will not after discussing it with them just get lawyer pro bono and contact local housing authority |
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Alterfemego
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It has to be in writing to be in force. Tell the landlord it isn't in the lease, thus HE must maintain your lawn for the owner |
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I_Love_McRedneck
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Tell them if they don't fix it within 3 days you'll have a lawn care company maintain the lawn & deduct that money from your rent.
They have no legal grounds to change the lease. If they still hassle you, you can contact ANY lawyer, have them write a nice little letter to the landlord - all for less than $50, that'll light a fire under their bums |
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