Renegotiate a lease in mid-term

[Elaine Downey]

What is the name of your state (only U.S. law)? Colorado
I have lived in this apt for nearly 20 years. Very good relationship with landlords.
Two years ago, my son came home with a abandoned puppy (chihuahua mix-very small). Owners said that I could keep the dog, no extra rent or deposit. Carpet was over 20 years old at that time.
Last month a water line broke and flooded into hallway, living room and bedrooms and now carpet must be replaced.
Now he wants to renegotiate the dog. Additional $40 a month on rent (never refundable) and increase of damage deposit by $600 ($250 would never be refundable, even if the dog never leaves a mark).
I agreed to increase the deposit to at least what the rent is now ($770), since it was only $350 when I moved in. Can he renegotiate the lease (signed in April)?? I have been a very good tenant, even done a lot of work at my own expense that has improved his property. He only does what needs to be done on an emergency basis. We love the dog and it would break my heart to lose him. But I have a limited income and would have to borrow to increase the deposit and would struggle with the add'l rent each month.

 

[Mr. Nice]

Just say no to renegotiation.

Of course, he can likely do all those things once the term of the lease ends. Although your state may limit the amount of any rent increase, increase in security deposit or altering of the terms of the lease.

 

[Elaine Downey]

Lease change

Landlord made me verbally agree to new arrangement before he would allow carpet to be installed tomorrow.
I have taken vacation days to make this happen and have already moved most of my belongings out for the installation.
He intends to be here first thing in the morning with papers to sign or no carpet.

 

[Elaine Downey]

Lease renegotiation

Landlord made me verbally agree to new arrangement before he would allow carpet to be installed tomorrow.
I have taken vacation days to make this happen and have already moved most of my belongings out for the installation.
He intends to be here first thing in the morning with papers to sign or no carpet.

 

[Mr. Nice]

Obviously don't sign anything or else you'll find the lease is modified.

As for the new carpet, I wonder if you've created an enforcable oral contract. You agreed to modify the lease and he agreed to update the carpet.

I say refuse to sign and let the chips fall where they may.

 

[Gail in Georgia]

In a sense, I can understand your landlords concern; he's putting in new carpeting and you've got a small dog. My little five pound Feist has been harder to housetrain than ANY of the considerable number of large dogs (including greyhounds I've rescued directly from the track who had never been in a house before) I've ever owned.

On the other hand, legally your landlord cannot simply change the terms of the lease in mid stride. He might argue that "replacing" the carpet does not fall under the category of "repair"; you can argue the other way that it is.

In addition, he's already purchased the carpet and it's unlikely he can return this.

Gail

 

[SingleMom81]

Sounds pretty shady to me. I'm not an expert, but its seems unfair for there to be a fee increase everytime damage (that the LL is responsible for) occurs.

I do think, though, that if your origional lease states "no pets", then it may work in his favor. Not sure. Someone else would be able to answer your questions. I am just curious to know!

 

[Mrs. D]

Generally LL cannot change your lease in mid-stream. I agree with Nice that you may have created an enforceable oral contract, but it is just oral, after all. He said-she said. However, if you refuse the new lease, he may (1) alter your lease to what he wants at end of term; (2) refuse to renew your lease; or (3) make your life hell as long as you continue to live there. Chances are, you're paying less than market rates for such a long-term tenancy. Would it cost you more than the increased rent he is proposing somewhere else? If so, you may want to consider whether there is some way you could swing the extra $40 a month (maybe pick up an extra shift at work or even dog-walking...you could make that in a day dog-walking). As for the extra deposit, check your state laws to see if he can increase them as much as he wants. Many states limit how much of a deposit can be charged, and some stipulate that ALL moneys put down as damage deposits must be refundable.

 

[Alaska landlord]

Your LL didn’t care before because the carpet had no value. I suspect that the carpet will be purchased and delivered after you sign the new lease agreement. No, you don’t have to sign, but unless the old carpet is still in reasonable condition, he need not have to replace it. You might ask that he consider an alternative to carpets, such as vinyl. You might stress that you are committed to a long term leasing agreement and have been an exceptional tenant.

 

[swrdmbo]

I would think the landlord would be willing to replace the carpeting AFTER 20 years. A tenant that has been with him as long as you have should be considered a valuable asset.

Why isn't this water damage covered by his insurance (too high a deductible maybe or he doesn't want the claim)

I would ask him if you could possibly pay more toward the deposit at a monthly rate...say $25.00 a month for a year.Explain that it would be a hardship for you to pay this extra money as rent.

If you are planning to live there another 10 years he would more than likely have to replace the carpet anyway when you move out.See if that may sway him any.

I think he is being unreasonable. I would treasure a tenant that lived somewhere for 20 years and never asked to have new carpet!!

Good luck!

 

[MIRAKALES]

Although not an advocate of court actions, this is a case where legal intervention may be useful to resolve disputes. Neither the LL or tenant have violated the lease agreement (or implied agreement). However, conditions have changed and both have agreed to the new conditions (pet and carpet installation). The LL verbally agreed to allow the pet, but since it is not included in the lease agreement, technically, the pet is a lease violation. The carpet installation may be necessary due to premise damage and extended use. However, the lease agreement may not require LL to replace carpet.
(The post requires more pertinent information regarding the type of lease, LL’s obligation to replace carpet, etc.)

There is no maximum security deposit limits in the State of Colorado. The LL can impose additional security deposit only when the lease term expires. Tenant did not specify whether the lease agreement was annual or month-to-month. A M2M agreement can be modified with thirty (30) days advance notice in most states. The LL does have the option to issue a three (3) day Notice to Cure Default regarding lease violations -- which includes ALL things not included in the original lease agreement, including pets.

 

[juber0]

Don't sign the new papers. it is the landlord's responsibility to replace the carpet ANYWAYS as it was NOT YOUR FAULT and you were not negligent.