Can a landlord ignore a term of the lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord ignore a term of the lease?
I was late on my August rent. My lease states that I can have any late fees/rent deducted from my deposit and Ihave 5 days to return it. The management company said they know what my lease says but they are not doing that (I have the message left stating this). They told me that I had a day to bring in the balance for my rent or they are filing an eviction. Is this legal?
Asked on August 30, 2010 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A lease is a contract; it binds both parties. One party to a lease cannot simply, arbitrarily decide to change the terms or ignore the plain language. If you have a lease, you can enforce its terms; and, as long as you are in compliance with its terms (including payment terms) and also are not disturbing other tenants or damaging the premises, there should be no grounds for an eviction. The management company cannot make you pay earlier or other than the lease itself specifies; of course, since you're basing your rights on the lease, it would be a good idea to double check the lease VERY carefully, to make sure you understand it correctly. Good luck.
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.