Can a landlord change a lease and make tenants re-sign it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord change a lease and make tenants re-sign it?
My landlord included on the original lease that all 10 of us girls signed, as well as himself that parking s included free of charge. Since there are 10 girls we assumed that parking would be included for all of us unless stated in written consent that “5 parking spots are included” for example. He said he made a mistake and wants to make a new lease but we will not agree to that since we all already signed it. Therefore can he change a lease and want to re-sign it? And can we fight that we should get free parking and the 10 spots assumed on the lease?
Asked on May 12, 2012 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
1) While a landlord can *ask* if tenants will agree to modify a lease or sign a new lease, he canot require it--the lease is a contract, and is binding on all parties and enforceable against all parties for its duration. All parties--the landlord and all tenants--would have to voluntarily agree to make any changes to it.
2) As stated, the lease is enforceable. Sometimes, it is not clear what exactly is meant; that said, if from the way the lease is written and the context/facts of when it was signed, the most reasonable interpretation would be that there would be a parking spot for each tenant, you might be able to prevail if you sued the landlord. It is not necessarily the case that you could get additional spots, if there are no spots available; but you may be able to get monetary compensation, such as a reduction in rent to reflect the lesser value of a rental without adequate parking, or money from the the landlord to cover the cost or renting parking elsewhere. Note that the landlord will not voluntarily provide compensation, the only way to get it would be to sue, and lawsuits are never guaranteed; factor in the cost, inconvenience, damage to landlord-tenant relationship, and the fact that it's not a given you'd win into deciding what to do.
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.