Lease in California

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Lease in California

We have a property with 2 concurrent leases – a farm lease and a residential lease. We by mutual agreement changed the dollar amount of the lease. The rent when from 4k a month to 3200 due to a 5th wheel being sold off the property. The tenant now claims that this voided the lease and he is not responsible for late fees. Is this true?

Asked on January 24, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If it was by mutual agreement, it does NOT void the lease: a lease, like any other contract, may be changed by the mutual agreement or consent of the parties.
If it was not by mutual agreement, the increase would be void--you cannot impose a change in or to a lease unilaterally--but would not void the lease as a whole; the lease's original provisions remain in effect and enforceable.


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