Lease in California
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Lease in California
We have a property with 2 concurrent leases – a farm lease and a residential lease. We by mutual agreement changed the dollar amount of the lease. The rent when from 4k a month to 3200 due to a 5th wheel being sold off the property. The tenant now claims that this voided the lease and he is not responsible for late fees. Is this true?
Asked on January 24, 2019 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If it was by mutual agreement, it does NOT void the lease: a lease, like any other contract, may be changed by the mutual agreement or consent of the parties.
If it was not by mutual agreement, the increase would be void--you cannot impose a change in or to a lease unilaterally--but would not void the lease as a whole; the lease's original provisions remain in effect and enforceable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.