In the middle of a lease, can new management change the waythat tenantsare allowed to pay their rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In the middle of a lease, can new management change the waythat tenantsare allowed to pay their rent?
The new management of my apartment building has decided that any payment after the 7th of the month must be in the form of a money order or cashiers check. This is not in the lease and a personal check has always been excepted before they took over. Is it legal to change the way payments are allowed without it being in the lease?
Asked on October 17, 2010 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
As long as the lease is still in force--i.e. as long as the term has not run out and a new lease is being put in place--the landlord, anyone who buys the building or takes over from the landlord, and anyone hired by the landlord to manage the building is bound by the lease. That includes accepting payment in whatever forms and as of whatever dates where allowed by the lease. However, if the former management was voluntarily allowing you to pay later or in a different way than the lease itself indicated, then the new management does not need to continue that voluntary arrangment--that is, they can insist on strict performance of the lease terms. However, again, they can't change those terms, so they are bound to the payment methods and dates in the lease itself.
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.