Can my landlord change policies without my signing a new lease?

UPDATED: Oct 1, 2022

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Can my landlord change policies without my signing a new lease?

I live in a gated community and chose them because i wanted to keep my family and property safe. Recently, property management has put out a notification stating they will be assigning parking spaces to every unit. Each unit gets one, any open parking spaces are available to purchase for 20 a month but if your vehicle is

parked within the gate without a parking pass, it will be towed. My family and I

share one unit, we operate three cars. Management says we have to park outside of the gated community that we are paying for in order to have that security we

wanted to ease our stress. Can they do this without us signing a new lease


Asked on October 7, 2018 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on what the original lease said:
1) If it guaranteed you two or three spots, then they could not reduce that--it would be a vioaltion of the lease (breach of contract; a lease is a contract).
2) If the lease did not give or guaranty you any fixed number of spots or address parking at all, however, the landlord could change parking policy at will, on notice. When a lease doesn't address an issue, it has not control or effect on that thing. That means that the landlord, as the property owner (or as the property owner's designated property manager) can use their inherent power over the property to make any change not forbidden by lease.

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 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.

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