Can the property owner change the terms of rent payment (due date) from what is originally stated on our lease?Lease says payable by the 5th, new notice states payable by the 1st (which creates a major issue as payday is the 6th). We are in California, and are on year 3 of our up to 6 year lease ( lease auto extends unless written notice of moving out or until we purchase the home)
2 Answers from Attorneys
A reliable answer would require a review of the lease. Generally, however, the landlord can modify the terms of an auto-renewing lease effective at the next renewal provided they give enough notice for the tenant to then give notice that they will not renew the lease on the new terms. That general rule, however, can be and often is varied by the terms of the lease. Which is why I say a review of the lease is needed.
I agree with Mr. McCormick.