Can You Legally Change a Rental Agreement During the Lease?

Use these links to jump to different sections:

• Can a Landlord Change Lease Terms After It Has Been Signed?
• Lease Amendments: Can a Landlord and Tenant Mutually Agree to Change the Lease?
• When the Landlord and Tenant Cannot Change the Lease
• Can a Landlord Refuse to Add Someone to Lease?
• Find Experienced Legal Advice

Lease agreements are written agreements designed to set clear terms for a rental period, protecting the rights of both tenants and landlords. Once signed, these binding contracts lock in essential rights and obligations, making it crucial to understand the boundaries of modifying them mid-lease. However, there may be situations where changes are needed, whether due to new agreements or legal requirements.

While some flexibility may exist through mutual consent or legal amendments, most changes require careful consideration. If you’re considering adjusting your lease, consulting a legal expert can help ensure the changes are properly documented and compliant with local laws.

Can a Landlord Change Lease Terms After It Has Been Signed?

A lease agreement is a legal contract between a landlord and a tenant. The tenant gives the landlord monetary compensation for the right to live on and use the landlord’s property. Generally, you cannot unilaterally change a contract once both parties have signed it. This includes written lease agreements.

This example shows that a law change may or may not impact a current rental lease. Whether or not the new law requires a lease change will depend on the particular lease term in question and how the law was written. Speaking with a real estate attorney is a must for determining how a new law could impact a current lease agreement and whether it requires a change of terms.

Unilateral Changes

The tenant’s rights include the ability to refuse proposed lease term changes by the landlord. If a landlord forces changes to the terms without the renter’s consent, the landlord could find themselves in breach of the lease contract. The landlord cannot force the tenant to accept the changes by threatening eviction. There is one exception to this. If local or state laws change, the landlord will need to make changes to comply with the law. When this happens, the landlord should provide the tenant with written notice of the changes required for legal compliance.

Lease Renewal

A landlord can propose changes at the end of the lease when it is up for renewal. In this situation, the landlord is not changing the current ending lease; they are suggesting a new lease with different terms. The tenant can choose to sign the new lease or not. The landlord typically needs to give the tenant 30 to 60 days’ notice of the changes. The timeline for notice can vary based on the type of lease. Fixed-term tenancy typically lasts multiple months. These leases require 30-60 day notice. Month-to-month rental agreements typically require 30 days’ notice. This is because the entire lease renews each month, about 30 days. In this situation, the lease changes aren’t modifying an existing lease. The landlord is proposing a change to the terms of the lease when it renews at the beginning of the next month in a month-to-month tenancy.

Lease Amendments: Can a Landlord and Tenant Mutually Agree to Change the Lease?

You can add or change the terms of a lease after signing if both parties agree. When the landlord and tenant mutually agree to change the lease terms, they should do so in writing. Both parties should sign the lease amendment to make it legally binding. The addendum will formalize the changes and document that there is a mutual agreement. Common terms that landlords and tenants make changes to include:

• Monthly rent
• Pet policies
• Maintenance responsibilities
• Subletting rules
• Subleases
• Extending or shortening the lease term

If the landlord or tenant wants to change a lease term, the first step is to contact the other party. They will propose their desired changes to the other party. The parties may need to negotiate the details of the proposed term changes. Once they have an agreement, the terms will need to be memorialized in writing. The parties will sign the new terms, which will become an amendment to the original lease agreement.

When the Landlord and Tenant Cannot Change the Lease

The landlord and tenant cannot change the lease with new terms that will violate landlord-tenant law. They cannot change the period of time the landlord has to respond to habitability maintenance needs if there is a statutorily defined time limit. The parties do not have a legal right to transfer duties to the tenant if the law states the landlord must be responsible. For example, the landlord cannot make the tenant responsible for maintaining common areas.

Changing HOA Rules

Steven H. Mezer is a Florida real estate attorney for the Becker law firm who represents condo and homeowners associations in the greater Tampa Bay area. He provides general insight into how real estate laws impact agreements, explaining that a new law does not override legal documents that outline an agreement between private parties. “People who live in those [HOA] communities go well, that’s the new law. We should follow the law. It trumps our current HOA documents. It really doesn’t, unless it’s a life safety issue or remedial, and you get into those exceptions. Can the new statute retroactively change an existing community bylines and restrictions? The technical legal answer is that it can’t.”

Can a Landlord Refuse to Add Someone to Lease?

A landlord has the right to refuse to add someone to an existing lease. The first place to look is the lease terms. Leases often include terms that limit new occupants in the rental home and require occupants to be on the lease. 

A tenant has the right to ask the landlord why the addition is refused. The landlord can rightfully refuse to add someone if it violates local occupancy laws. Many states, municipalities, and cities limit the number of people who can live in a home based on the number of bedrooms. Landlords can also refuse to add someone if the potential new tenant does not pass the landlord’s screening process. A landlord may refuse to add someone as part of their lease enforcement efforts when the current tenant violates the lease or is behind on rent payments.

There are times when a landlord cannot refuse the tenant. Landlords must comply with housing anti-discrimination laws. A landlord cannot refuse to add someone based on race, color, religion, sex, national origin, disability, or familial status.

Find Experienced Legal Advice

Navigating the complexities of a rental agreement can be challenging, especially when changes need to be made during the lease term. Understanding the contract and landlord-tenant law for modifying leases, whether through mutual agreement or due to compliance with new laws, is key to protecting the rights of both tenants and landlords. If you’re facing a situation that requires a lease amendment or if your landlord is attempting to make changes unilaterally, speaking with a lawyer can help ensure your rights are safeguarded and that any changes are legally valid.

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