How Landlords Can Change a Lease or Rental Agreement

Once you sign a lease or rental agreement, it becomes a legal contract between you and your landlord. Every clause within it is binding for the life of the agreement—one month for a month-to-month tenancy, or the full term for a lease.

So, how can you or your landlord make changes to the agreement you've both signed? The rules differ based on the type of agreement and whether the change is something you both agree on.

Changing a Month-to-Month Rental Agreement

If you rent month-to-month, you're more likely to experience a change to your rental agreement during your tenancy than you would if you had a long-term lease. The most likely change you'll encounter is an increase in the amount of rent you'll have to pay, but nearly any other provision of the agreement can be changed as long as it's legal. How the process works depends on consent.

Mutual Changes: When Landlord and Tenant Agree

Since your rental agreement is only a one-month contract, neither party can force an immediate change (like a sudden rent hike or removing a guaranteed parking spot) if the other objects. However, there's nothing stopping you from mutually agreeing to a change at any time.

To make a change effective immediately, simply write the change into the original document. Make sure both parties sign and date the changes. For example, you could make an edit in the margin of a hard copy, and have both parties initial and sign next to it. Or, if the rental agreement is saved electronically, the landlord can enter the changes directly into the document, and both parties can sign and date the revised (new) month-to-month agreement.

Landlord-Proposed Changes (Tenant Action Required)

Landlords and tenants sometimes agree on rental agreement changes, but it's more common for landlords to announce unilateral (and perhaps unwelcome) changes, such as rent increases, a decrease in services, or new community rules.

The landlord does not need the tenant's consent to make a change, but they can't impose it immediately. Instead, they must give the tenant the amount of notice required by law—30 days in most states.

When confronted with a proposed change, the tenant has two choices. They can:

1. Accept the change. If the tenant remains in the rental unit after the notice period expires, they have accepted the new terms. The landlord should formally document the change by revising the agreement and having both parties initial the revision (or create a new document for signing).
2. Move out. If the tenant doesn't agree to the change and is unsuccessful in negotiating it away, they can move out. They must give their own formal notice to end the tenancy, which is usually the same length as the landlord's notice period. In most cases, to legally leave before the new terms take effect, the tenant would need to give notice on the same day they receive the landlord's change notice.

If you're presented with a change from your landlord, be sure to formally document your decision—whether you're accepting the change or moving out—in writing.

Tenant-Proposed Changes

If you want a change (for example, you'd like to add a roommate), and the landlord agrees, great—it's handled as a mutually agreed-upon change, discussed above. If the landlord doesn't agree, though, you'll likely have little bargaining power.

When trying to convince your landlord of the proposed change, put it in writing. Emphasize, if possible, your track record as a stable, good tenant who pays rent in full and on time. It's good business for landlords to keep ideal tenants, so your landlord might be willing to be flexible when faced with the possibility of having to find a replacement tenant.

If you're not able to convince the landlord, though, your only viable alternative is to give your own termination notice and move elsewhere.

Amending a Fixed-Term Lease

The main advantage of a lease is its stability—the terms are fixed until the lease expires. Changing a lease mid-term is much more difficult than changing a month-to-month rental agreement.

Mutual Changes to a Lease

Just like a month-to-month rental agreement, you and your landlord are free to change any term of the lease at any time if you both desire the change. Follow the same documentation steps as outlined above for month-to-month agreements (write, sign, and date any edits or amendments).

Landlord-Proposed Lease Changes: When Are They Allowed?

Landlords can't raise the rent or change other terms mid-lease unless the original document specifically gives them that right. Although it's rare, landlords sometimes build a sort of option into the original lease. For example, the lease might state that the landlord "reserves the right to increase the rent by $50 at the end of 6 months." As long as the change is specific—laying out the time and amount of the increase—you are bound to it.

Watch out, though, for open-ended change rights, such as a clause giving the landlord the right to "raise the rent at any time." A court would probably not enforce a lease clause that is so vague. If you encounter a landlord who presents you with such a slippery clause, think carefully before you sign.

Beware "Insubstantial" Changes: When Minor Changes Aren't Minor

Some leases and even state laws allow landlords to make minor changes—ones that are "insignificant" or "non-material"—to the lease mid-term. Naturally, there is often great debate over the meaning of an "insignificant" change. There will be little argument about truly minor changes (keeping the pool open an hour less on weekdays, for example) or obviously major ones (an increase in rent), but the situations that fall into the middle will invariably cause trouble. As a rule of thumb, if an issue is important enough to be included in a written lease in the first place (such as the assignment of a parking spot), it's hard to imagine how it could also be classed as "insubstantial."

Lease Changes Proposed by the Tenant

The landlord is entitled to hold you to the bargain you signed. However, you can try some creative negotiation to convince your landlord. Focus on demonstrating that the change is:

• Not a burden. It's a small matter to the landlord but an important one to you, such as allowing you to bring in a roommate. For example, you might mention how the roommate is well-qualified and that the rental is large enough to easily accommodate another person.
• Actually a benefit. The change offers an advantage to the landlord. For example, your request to set up a home business would mean that someone is consistently at home during the weekdays, which increases security.
• Necessary to enable you to stay. For example, if you've just inherited your friend's dog while she studies abroad, you'll have to move to a place that allows pets unless your landlord bends the no-pets policy. (This will only work if you're someone the landlord wants to keep.)
• An accommodation the landlord ought to make anyway. For instance, give you a nearby parking spot for the two months you'll be on crutches with a broken leg. While you could probably press for this accommodation by complaining to a fair housing agency or a judge, you would certainly rather do it informally. For best results, don't threaten, just explain the strength of your position and the wisdom of doing things your way.

The Final Step: Documenting All Changes

Regardless of whether you're dealing with changes to a month-to-month agreement or a lease, it's vital to get the changes in writing, signed by all parties. And, if you find that you reach an agreement that drastically changes the nature of the tenancy—for example, if you convert from being a month-to-month tenant to having a year-long lease—it's a good idea to cancel the original written agreement altogether and start with a fresh, new agreement. Having a clear, straightforward writing memorializing the arrangement will help fend off potential disagreements and legal disputes.