Can a landlord change a long-standing lease without tenant consent?

Full question:

Can a landlord amend an existing lease agreement without the consent of the tenant. In my case I have an exist lease agreement that has been passed down since 1954 without change. The landlord is trying to change the existing agreement and remove all right of the tenant. What can be done?

Answer:

The ability of a landlord to amend a lease without tenant consent depends on the lease's terms and duration. If your lease is year-to-year, it may have expired unless it includes an automatic renewal clause. In this case, you would be considered a month-to-month tenant, and the landlord could change the lease terms at the end of each month. If your lease is still valid due to renewal, changes can typically be made at the end of the lease term, following the notice requirements specified in the lease.

It's essential to review your lease carefully to understand your rights and obligations regarding any changes. Texas law requires landlords to provide written notice about changes that affect tenants, particularly regarding rules that impact personal property (Tex. Prop. Code § 92.013). If the landlord fails to give proper notice, they may be liable for any expenses you incur as a result.

For vehicle towing or parking rules, landlords must also provide written notice of any changes during the lease term (Tex. Prop. Code § 92.0131). Changes must apply to all tenants in the same complex and cannot take effect until at least fourteen days after notice is given, unless there is an emergency.

If you believe the landlord is unlawfully trying to change your lease, consider seeking legal advice to understand your options and protect your rights.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, a new lease can void an old lease if both parties agree to the new terms and sign the new lease. However, if the new lease is not signed, the old lease remains in effect. It's important to review the terms of both leases to understand how they interact.