Brea, CA asked in Contracts and Landlord - Tenant for California

Q: Amendment a new lease from original lease without the original tenants agreement is binding contract?

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1 Lawyer Answer
Adam Stoddard
Adam Stoddard
  • Landlord Tenant Lawyer
  • Santa Clara, CA
  • Licensed in California

A: It is unclear what exactly you are asking here. Whether the lease is new or there is an amendment to an existing lease, you should have a signature from all parties for it to be "binding". So for example, if the landlord has an existing lease, then drafts up an amendment to the lease which says "Tenants now agree to pay $1M a month for rent", but the tenants never sign this amendment, then that would not be binding upon the tenants. You cannot create a contractual relationship (whether written or oral) between parties unless there is mutual assent to the terms and conditions. Both sides must agree to be bound by the terms of the agreement.

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