Q: Can a landlord change or cancel a lease admendment without agreement from the tenant?
My landlord and I signed a lease admendment to allow rent payments split up in three payments throughout the month with a monthly fee. This month they are saying the admendment/payment schedule is no longer allowed. On December 28th a leasing agent emailed me that as long as I paid my last December payment with the $100 late fee by end of day on December 30th I would still have the split payments for January, however the lease nor the admendment doesn’t state any rules regarding being disqualified from the admendment if a payment is late and instead are now stating the admendment is no longer valid and have filed for dispossessary and charging a $200 fee. Can they legally set additional terms/change terms to the admendment after the tenant and landlord has signed the original admendment without the tenants agreement as well and evict a tenant?
A: There cannot be any unilateral agreement enforceable unless endorsed/signed by both parties. In your case, if split payment was agreed and lease accordingly modified, it can only be undone with consent of both. However, for additional or alteration of terms both need to discuss and agree.
For more specific advice, please consult Attorney of your local jurisdiction who can better guide you to safeguard your interests.
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