Legal Question in Real Estate Law in California

Lease Change

I have a lease for an apartment thru Aug 06, which included 2 parking spaces. Received from the Property Management a change in terms of the lease to charge $20.00 per second car starting in Feb 06. Can they change the terms before my lease is up?

Asked on 12/28/05, 8:29 am

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC
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Re: Lease Change

Probably not. Need to see lease. Ask landlord where this is allowed in lease. If not, cannot.

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12/28/05, 4:21 pm
JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS
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Re: Lease Change

Absent a provision in the lease providing for this type of unilateral change without your consent, the answer is "no". Take your concern to your landlord and ask him/her where in the lease it allows him/her to do this.

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12/28/05, 9:53 am
Carl Starrett Law Offices of Carl H. Starrett II
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Re: Lease Change

Unless the lease has a clause allowing the landlord to make this type of modification to the lease terms, then the answer to your question is no. Although the amount in dipsute seems relatively minor, a small dispute like this can quickly excalate. Talk to your landlord about this now.

When discussing this matter, consider how long you plan on staying at this place. I once had a church as a client that had a dispute with its landlord over common area charges (property taxes, insurance, etc.). In the short run, my client won but the landlord really jacked up the rent during negotiations for the second lease term.

If you can't resolve it amicably, you might just pay the $20 under protest and sue in small claims after you move out. On the other hand, the landlord might say "Ooops" and forget about the $20. Just be mindful of the landlord's personality and how this might impact your relationship between now and August 2006.

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12/28/05, 11:02 am

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