Laws on Changing a Lease Agreement in California

In San Francisco, there are many tenant rights that might supersede lease terms.

In California or any other state, a lease is a binding contract. There are really only two ways to change a valid lease. One is by mutual agreement. The other is for the landlord to change a clause not subject to a fixed term by a notice, usually 30 days in advance of the change. California tenants do have many rights, however, that take precedence over lease language. In these cases, tenants do not have to attempt to have the lease changed to enforce their rights.

How Binding is Binding?

Unless one of the signatories to a lease did not have what is called "capacity," the lease is completely binding, that is, enforceable. Capacity is legal competency: The signatories must be at least 18 years old and mentally capable of understanding what they are doing. Assuming this is the case, either party to a lease can bring legal action against the other for failing to live up to all responsibilities set forth in the lease. Typically, this ends up being a landlord evicting a tenant for his failure to pay rent or violation of another lease provision, or a tenant suing a landlord for wrongful eviction.

Landlord Notice

According to the California Department of Consumer Affairs, a landlord cannot change any aspect of a lease that has a fixed term until the term expires. However, a landlord can change any aspect of a periodic lease with a notice. Unless otherwise stated in the lease, the notice must be provided in advance by the same amount of time between rent payments. For instance, a month-to-month lease in which rent is paid monthly would require a notice changing lease terms to be sent a month in advance of the change.

State and Local Protections for California Tenants

California tenants have a litany of rights, from a limit on how much security deposit they have to pay to the right to repair serious defects in the unit if the landlord doesn't. In a number of cities, such as San Francisco, Berkeley, Oakland and Los Angeles, local rent control ordinances provide tenants with additional rights, notably including just cause eviction -- the prohibition of eviction by a landlord without just cause, such as failure to pay rent -- and limitations on rent increases. These rights are valid, regardless of what the lease states. Therefore a lease clause that contradicts one of these rights does not have to be changed -- it is invalid.

Federal Exceptions for Military Tenants

The Servicemember's Civil Relief Act allows active duty service members to terminate a lease in any state upon receiving orders for a change of station or to deploy with a military unit. The tenant in this case must notify the landlord in writing and provide at least 30 days notice.

References

• California Department of Consumer Affairs: California Tenants
• "Property Management"; Walt Huber and William Pivar, 2005
• lectlaw: Contract
• Military.com: SCRA Lease Termination Provisions