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  1. #1
    Join Date
    Jan 2010
    Posts
    10

    Lightbulb Modifications to Contract

    My question involves landlord-tenant law in the State of: California

    Let's say a landlord sends you a notice notifying you of a modification in the terms of your contract. Sometimes it is a rent increase notice. But sometimes it can be a change in terms of late fee. For example, the landlord might earlier have imposed a 5% late fee for anytime the rent was received more than 10 days late. So the landlord sends you a notice that this is being changed to a 10% late fee for anytime the rent was received more than 3 days late.

    Let's say you were to counter that by sending them a note which said anytime they didn't provide something which wasn't explicitly spelled out in the contract - such as access, cleanliness, etc. - you could charge them a 10% discount on your rent. Would your note be binding in the same manner a note modifying the late fee to you would be binding?

    And what if your note to them said if they charge a late fee, then if you make your next payment at least 15 days early, then they will refund the late fee. Would that be binding?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: Modifications to Contract

    Your landlord can impose new lease terms in relation to your tenancy at the end of the initial lease term, and upon proper notice if you're month-to-month. Your choice to continue your tenancy constitutes acceptance.

    You can tell your landlord whatever you want; your unilateral notices won't bind the landlord.

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