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Lease Agreement Amendment Questions

When an individual has signed a lease agreement many times the landlord will change the lease when it is time for a renewal. Many renters are not aware of this change. A landlord does not have the right to a lease amendment without the permission from the renter. By giving permission this means that the renter has signed the new lease. If you are dealing with issues that relate to amendment to lease agreements read below where top questions of lease amendment agreements are answered by the Legal Experts online.

In the state of Michigan if stated in the lease that rent is due on the first of every month, and the renter has yet to pay their rent after the first will the landlord have the right of a lease amendment?

The landlord is not allowed to amend the lease without permission from the renter. The landlord can give them one of two choices. One being agreeing to the lease amendment that is provided because of a late fee, or if the renter proceeds to be late on another rent payment, the landlord will terminate the lease and evict them.

In the state of Texas if someone’s spouse had signed their spouses name on a lease amendment will this person be held responsible for this lease even though they legally did not sign it?

This person cannot be held responsible for the lease because they did not personally sign it. As for their spouse, this person can be charged civilly and criminally and responsible for fraud and forging someone else’s signature without have a power of attorney or permission. The only way this person could be responsible for their spouse signing their name to a legal document is if the two parties have a joint possession and or accounts.

If an individual has moved out of their apartment where their roommates are still residing, and this person is in the process of a residential lease amendment will they still be responsible for their half of the rent if they are not living there but their name is still on the lease?

This person could still be held responsible since their name was still written on the lease at this time that their previous roommates are asking for. There is a date that this person is responsible to pay, so anything before that date will be their responsibility and anything after that, the new renter will be responsible for. In many cases, when one person moves out and another takes over the lease, the rent will be prorated.

In the state of Texas, one individual has broke their lease agreement and has signed a lease amendment agreement to lose all right to their security deposit, what option does the individual who is still living in the apartment have if the former roommate is trying to sue them for the deposit?

The individual who is still living in the apartment can file a counter suit against the other individual for a breach of the lease; they can also request any losses that had occurred until there was another roommate that was found. Then again, the individual still residing in the apartment should have received the deposit from the new renter. The former roommate will still owe this person for the bills and the court will compensate their share of the deposit for the bills, and also for the time where the individual had no roommate since the other had breached their lease.

After a lease agreement has been signed does a landlord have the ability to present a lease amendment to the renter in order to raise the price in rent?

In this case the landlord is not able to do this. The landlord must comply with what has already been agreed upon on the original lease. If and when there is a renewal of the lease, the landlord then and present a lease amendment agreement to the renter, and if both the renter and landlord sign the lease amendment is when this change will take effect.

Lease amendment agreements normally are presented if two individuals are on the lease and one breaks their contract, in result the landlord may have that individual sign a lease amendment stating that this person is not able to receive their deposit, or even when an individual is not obeying by the rules on the lease, then there will be a lease amendment placed in order to force these types of rules. Many times questions are raised when a lease amendment is brought up to a renter. If you are looking for legal information pertaining to lease amendments contact the Legal Experts online.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
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6 Real Estate Lawyers are Online Now

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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
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20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
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Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Amendment Questions

  • Condo (condo-hotel) association started fighting with owners,

    Condo (condo-hotel) association started fighting with owners, who either rent themselves, or uses the unit or lets family members use it. It is getting nasty.
    The Declaration of Condominium states ""No unit owner may lease or 'rent such unit owner's Unit for less than a three (3) month consecutive period without utilizing the hotel/front desk services of the tenant of Commercial Unit No. 1."
    You would think that owners can rent for 3 months and one day and longer, but no.
    In the letter from the Association attorney, he states:
    “Each Unit, other than Commercial Unit No. 1 and other than Commercial Unit No. 2, shall be used only for transient, hotel purposes and may not be utilized as the unit owner's homestead. The provisions contained within this Paragraph J may not be amended.”
    he now quotes Florida Statute 509.013 4(a)1
    "Transient public lodging establishment” means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests."
    Plus at the last meeting they claimed they got the votes of the members and that the term of 30 days is now established (and they do not discriminate between the owners and the guests), so now the owner can't stay or let anyone stay there (not even rent) for more than 30 days. Out of 128 owners there were 11 present at the meeting, and the votes came 11 to make it 2 months, and 23 to have it one month.
    Seems that the Board is harassing people, especially, they do not pay for their attorney, and force members to pay for the letters.
    If this can be used for hotel purposes only, should they change the declaration and allow owners to rent short term?
    A condo/hotel is still a condo, and has a residential component, so how can they block owners from using it or allowing it to be used by family members?
    Can this allowing only the Front desk, which is a 3rd party, and not allowing owners to rent their own unit be legal? What can be done?
  • Our Association's BOD called for Jan.13, 2015 Annual & Special

    Our Association's BOD called for Jan.13, 2015 Annual & Special Assessment Meeting. A special Assessment Provision in our Covenants reads: "...A special Assessment shall require the assent of two thirds (2/3) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose." Should one read this to mean a special assessment meeting should be called & held separately from the Annual Meeting? Also, isn't the purpose of an Annual Meeting only the budget approval & the election of the BOD members?
    Further, in one of its recent BOD's Meetings Minutes the BOD cited the approval of the Association's Parking & Towing Policy without quoting the text of the policy & without signing the Minutes. Following that the text of the Policy began floating on the Association's website again without any acknowledgement of an authentic official copy of a document that is recorded in Book of Resolution or something. Was this a legitimate way to do it? In other words is this Policy binding to the Homeowners?
    Thank you.
  • I am being offered $500.00 from the Key Oil company to agree

    I am being offered $500.00 from the Key Oil company to agree to the amendment and ratification of an existing Oil and Gas lease that is in my Moms, myself and my brothers name.
    I cannot figure out how the original lease would be affected and if the terms of the amendment would change any payouts should production start on the leased land.
    I need advice from someone who can look at the original document and the proposed amendment to this lease and advise of how the future of this lease agreement would affect our family.
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