Does a Lease Remain Valid if the Landlord Changes it After it's Signed
My question involves landlord-tenant law in the State of: NY
When my LL gave me my copy of the apartment lease I found that they had added clauses after it was signed. Is it valid?
Re: Is a Lease Valid if Ll Changes It After Signing
Can you prove they were not there when you signed the lease? That is going to be the hard part.
As to any contract being valid; the original contract would remain valid. The alterations would not.
Re: Is a Lease Valid if Ll Changes It After Signing
We were in the same room signed the lease at the same time. It took them 4 days to give me a copy. When I got the copy they had added clauses that did not exist at the time of signing. I told them that was unacceptable and requested that they circle the additions and note that they added it AFTER we all signed it.
Re: Is a Lease Valid if Ll Changes It After Signing
so, did they somehow indicate what the additions were?
Basically, if this goes to court, what proof do you have there were additions?
Re: Is a Lease Valid if Ll Changes It After Signing
When they gave me the copy, before I even looked at it they stated that they made a few additions. My proof (I hope) is that my copy is clearly a copy and LL, in ink, circled the additions and noted that they added them after we had both signed the lease and that I was not in agreement with changes made.
Re: Is a Lease Valid if Ll Changes It After Signing
well, that sounds fairly convincing.
Re: Is a Lease Valid if Ll Changes It After Signing
The modifications are unlikely to void the lease, but if they weren't part of the lease they're not enforceable as part of the lease. The rest depends on the facts.
Re: Is a Lease Valid if Ll Changes It After Signing
Thank you. I do not want to void the lease. I just want to be sure that the original agreement is enforceable and the additions are not. They added 3 clauses:
1) No smoking - Not an issue
2) No pets - Not an issue
3) No visitors staying longer than 24 hours - MAJOR issue!
My adult children live in other countries and I generally see them from 1 to 3 times per year. Their visits to me last from 3 days to 1 week. The clause states that I will have to move if I have any visitors staying beyond 24 hours.
I am a single, older person. I am quiet, pay my rent on time or ahead of time and work 50+ hours per week so I am home mainly only to eat and sleep etc. I do not understand why the LL wants to be so difficult. One of my children is coming from Germany to spend Christmas week with me. I informed the LL of the visit and was told that according to the additions, if my son stays more than 24 hours I will have to move. I want to spend time with my children and I can't afford to move. I was so upset when he said this I told him, fine, take me to court.
Re: Is a Lease Valid if Ll Changes It After Signing
If the lease has a fixed term, the terms cannot be unilaterally modified until the end of the term. If it's a month-to-month rental agreement, provisions can be added or amended upon proper notice, normally one full rental period's notice (although the timing can vary a bit based on state law).
Re: Is a Lease Valid if Ll Changes It After Signing
It is a one year lease. I just moved in 6 weeks ago and do not plan on renewing the lease when it is up.