Legal Question in Real Estate Law in Florida
Changes in terms of Tenancy
My landlord has me on a 6 month at a time lease. My current lease expires in July. Now he got angry at me and just served me with a notice to change my terms of tenancy to a month to month, effective March 1, 2002. Can he do this? Doesn't he have to honor the 6 month lease first, and wait until July when the current lease expires to change terms?
4 Answers from Attorneys
Re: Changes in terms of Tenancy
Based on the limited information you provided and without a review of the lease agreement, I would agree with your assessment of the lease. The landlord is unable to change the terms of a written lease in the middle of the lease term unless both parties agree.
Scott R. Jay, Esq. 305-249-8000
Re: Changes in terms of Tenancy
Based on the information you provided, it appears you are correct. The parties are bound by the terms and conditions of the lease. The landlord may not unilaterally alter the term of the lease. The only way to lawfully cancel or modify the lease is by agreement of all parties to the lease.
Re: Changes in terms of Tenancy
Unless you have breached a condition of your lease, then you would be right on all counts.
Re: Changes in terms of Tenancy
Subject to the terms of the lease, the conditions of the lease cannot be unilaterally changed.
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