Can a landlord change the terms of a lease without notice?

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Can a landlord change the terms of a lease without notice?

I signed a lease back in March that says “Management shall be responsible for Water, Sewer, and Trash Collection”; I initialed by this. They now have had a “change in policy” and are charging me for each of those 3 items. There is a “Terms of Agreement” section which states, “The terms of this agreement may be changed or, Good Neighbor Rules and Policies, adopted by Management upon thirty (30) days lawful written notice to Resident.” I never received a notice from them about it (just the bill). I was wondering if I still had to pay for this even though it said they would pay it in the lease?

Asked on May 24, 2011 under Real Estate Law, Nevada

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The landlord can change the terms in your lease subject to that provision you quoted which requires 30 days written notice.  In order for the change in terms to take effect, you have to receive the requisite 30 days written notice.  Since you didn't receive notice, you can argue that you should not be paying for the water, sewer, and trash until you receive the requisite 30 days written notice.


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