Can a landlord charge to amend a lease?
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Can a landlord charge to amend a lease?
I recently rented an apartment. In my lease I had 2 cats but one recently had to be put down. My landlord won’t amend the lease to drop the $10/month charge. Is that legal?
Asked on July 11, 2011 under Real Estate Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you write, it appears that there is a $10/month additional pet or cat charge in your lease, and that you are asking whether the landlord has to amend the lease, to reduce the charge, now that one of the two cats has been put down--you still have the other cat, however. (If this is not what you are asking, please resubmit your question with additional information, clarifying the issue.)
If the above is correct, the key issue is exactly what the lease states in regard to this $10/month charge. If is is a simple "pet" or "cat" charge without referencing the number of animals, then the landlord does not need to change anything--you still have a cat. If the lease however, in regards to this charge, somehow ties it into the number of cats (e.g. $5/month per cat; or $10/month for having two cats; or first cat free, $10/month for having more than one cat; etc.), then you should only pay the appropriate amount based on the number of cats you currently have.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to answer your question is to specifically go over the terms of your written lease. If your written lease has a monthly charge per cat set forth in a dollar amount as opposed to a lump charge for the cats, then you have a plausable arguement that the loss of one of your felines entitles you to a pro-rated reduction in the monthly charge for these animals.
As to a charge to a tenant by the landlord for amending a lease, potentially a landlord can ask the tenant for payment for fees for any amendment, but unless the written lease between you and the landlord provides for this, the answer is typically no.
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