Legal Question in Real Estate Law in California
Landlord wants to make unilateral change in lease
Two months ago, I installed a satelite dish on my patio after discussing the installation on three different occasions and with three different representatives of the management team. FCC Order 98-273 gives me the right to install a satellite dish.Now the manager demands(requires!) I agree to an amendment to my lease regarding the dish, pay an additional deposit and "insure" the dish for possible liability, or take the dish down.
I refuse to do either because I relied on management represenations that it was ok to install my dish prior to purchasing or installing it. Other than the issue of insuring the dish and paying an additional deposit, I am in compliance with the management's requirement for the satellite dish.
Question: Can I be forced to accept this amendment to my lease? Since I refuse to sign the addendum have I been constructively evicted? If I'm forced to remove the dish, does this interfear with my "quiet use and enjoyment" of the property giving me grounds terminate my lease without penalty?
Your help is appreciated. Thank you. L. --name removed--
1 Answer from Attorneys
Re: Landlord wants to make
As a general rule a lease cannot be changed unilaterally and can only be terminated by a breach by one side or the other.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201