Legal Question in Real Estate Law in Texas
Changing lease
I received a letter stating, "the apt. complex reserves the right to change your assigned parking space, as your lease comes up for renewal, or anytime thereafter with a 10 day written notice." The parking space number was on my lease, and I just renewed my lease around two months ago. Can they do that. Can I do anything about it? They've been trying to do that for the past 8 months, before this letter was sent.
1 Answer from Attorneys
Re: Changing lease
If your lease contains an option for renewal on the same terms and conditions as the original lease term, then the answer is "no." They may not unilaterally change the lease provisions by adding a provision not there when you signed.
If the lease provides that changes may be made, or that the terms are negotiable, or if you are in fact signing a new lease rather than a renewal of the old one, then the answer is "yes." When the agreement starts again from scratch, new provisions are OK. When it is set in concrete from the outset, there can be no one-sided modifications.
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