Can a landlord change the terms of an implied lease?

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Can a landlord change the terms of an implied lease?

I understand after 1 year the lease for an apartment is implied thereafter. However, if the landlord changes the terms of the lease (e.g. doubling the late fee), isn’t a new lease required? Can we be made to pay the new $50 late fee without a new lease? Most folks here are on disability like myself.

Asked on September 7, 2011 under Real Estate Law, New Hampshire

Answers:

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

Answered 10 years ago | Contributor

The landlord can make changes, but has to give the requisite notice.  For example, if your tenancy is month-to-month, the landlord would have to give thirty days written notice of any change in the terms.


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