Legal Question in Landlord & Tenant Law in California
change in lease & items need to be fixed
We recently moved into an apartment. In the copy of the lease that we received it states: You may terminate your lease before the expiration of the inital term by a)submitting a 30 day written notice b) paying monies due through the day of terminatin and c)paying a termination fee equivalent to one month's rent. Any concessions given must be paid back to apartment upon breaking your lease (Concession Given n/a). We recieved another copy of the lease attached to the door. In that copy it states: Any concessions given must be paid back to apartment upon breaking your lease (Concession Given $326.00 not liable if lease is broken). They also changed the date of when the lease commenced on our copy it says 11/1/05 on their copy it says 10/25/05. We never agreed to a concession, due to we still had possesion of our old apartment until 11/15/05 we did not need to leave before then so we paid rent on both places. The lease also states that it shall not be altered nor modified unless such alteration or modification is in writing and signed by all signatories hereto. Can they change the lease like this.
Thank You
2 Answers from Attorneys
Re: change in lease & items need to be fixed
It would be helpful to know which version of the lease you signed.
Re: change in lease & items need to be fixed
No, a contracting party cannot unilaterally change the terms of a lease that is already in effect, unless there is a new modification agreed upon by BOTH parties in writing or by conduct. If you would like a free consultation, contact us directly.
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