Legal Question in Landlord & Tenant Law in Colorado
Lease ammendments
Our lease states that any ammendments and changes made to it must be signed and agreed upon by both landlord and tenants. Our landlord recently handed us, what I would call, an ammendment to our lease that we don't agree with, but she is saying that it isn't an ammendment and that she is rather changing the rules that we must comply with under our USE OF PREMISES. Can she do this? We signed one ammendment to our lease saying one thing and then she changed her mind and doesn't agree with us that she is breaking our lease.
1 Answer from Attorneys
Re: Lease amendments
Hi,
If the lease has a valid provision allowing them to unilaterally revise the rules and regulations (which most well written leases have), that applies and they can certainly revise those rules unless they run contrary to the specific lease terms. For example, it is not as though they can change the rules to suddenly require you to pay more for the rent. That is a specific and material lease term and not an issue of "use of premises."
So, without seeing the precise lease terms, the basic answer is that a change to rules is not considered an amendment to the lease. If you want to know for sure, contact an attorney to review the lease.
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