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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Amending a Lease by Text Messages

    When renewing a lease, a landlord and tenant exchanged text messages about the terms of the lease and agreed to some changes. The changes were noted by the landlord on a copy of the lease, which was provided to the tenant, but the new lease was not signed. The tenant does not want to abide by the amended notice provision, which increased the period of notice to end the tenancy from thirty days to sixty. Can the landlord hold the tenant responsible for an additional month's rent if the tenant gives only thirty days notice?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Amending a Lease by Text Messages

    "It depends". The full facts must be analyzed, along with the text messages. The landlord should consult a landlord-tenant lawyer in his state.

    The landlord should have prepared an updated lease and had it signed by the tenant. Trying to prove that the tenant agreed to that change based upon text messages is not going to be easy, and it probably isn't worth the investment of time and energy (and possibly legal fees) over a month's rent. Further, in most states the landlord needs to make a reasonable effort to find a replacement tenant and, with reasonable diligence, can probably find a replacement tenant by the end of the single month's notice.

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