Legal Question in Landlord & Tenant Law in California

lease agreement or new manager rule?

I signed a one year lease 6 months ago stating that I have a 4 day grace period to pay my rent. the day before this months rent was due our THIRD new manager in as many months left a note on all tenants doors stating that we must pay rent on the 1st or be assessed an automatic late fee and 3 day pay or quit notice. is this legal?which is correct?my lease agreement?or the new manager?


Asked on 6/01/06, 1:53 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: lease agreement or new manager rule?

Your tenancy, including terms for payment of rent and any late fees assessed, is governed by the terms of the contract. Even when the lease expires, the contract terms remain in effect until a notice of change of terms is served on you. If you are confident of the lease term regarding when rent is due and the assessment of a late fee, then the note left on your door is without effect, because your lease has not expired. The contract terms are in full force and effect, until the lease expires. Only then can they be changed, since your tenancy reverts to a month to month arrangement. Until then, however, the LL cannot unilaterally change the terms of your rental payments. Consult an attorney to review your lease before taking any self-help measures. Good luck.

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Answered on 6/01/06, 2:09 pm


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