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My landlord/roommate handed me a addendum to the lease when he decided that he did not like the guy I am dating. Can he do that?

San Diego, CA |

The addendum stated my boyfriend was not allowed on the property & I was no longer allowed to have any overnight guest. The lease I signed did not address overnight guest but we had discussed it verbally. My landlord was fully aware that I wanted my boyfriend to be able to stay the night. He said that it was not a problem as long as it wasn't more than a few nights a week. According to the addendum now I can't even have him over. My problem is I paid 1st, last & sec when I signed a 6 month lease that started in March. I would NEVER of moved in if this was part of the org. lease. I have already pd for May & the lease states that I need 30 days notice to move, but my lease is not up yet. I want out of the lease & don't want to lose the last month or sec. Can he make be pay rent until Sept?

The landlord never made me sign the addendum, nor will I because I do not want to stay there under the current terms. Also, the addendum stated that if I ignored the new addendum that he (the landlord) would give me 30 notice. If he gives me 30 days notice is the lease null and void at that point? or is it better if I just gave him notice now? So I tried to talk to my landlord and get a signed early termination of the lease stating that after the move out date I was no longer financially responsible to pay rent. He stated that he would not sign anything. I mentioned to him what Mr. Fink stated below, but he still believes that he can do anything he wants because it is his house. He told me if I just gave him 30 days that as an honorable man that he would not hold me to the lease. My problem is I trust everyone and part of me feels that if I do what he wants that he will not try to hold me to the lease, but I know that the only things that is binding at this point is what we both signed.

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Attorney answers 1


If you have a 6 month lease that is silent as to overnight guests the landlord cannot terminate the lease early by givng you an addendum you do not sign or by giving 30 days notice.

He cannot evict you without filing an unlawful detainer complaint, serving it on you, and having a trial in approximately 30 days after service.

You can have your boyfriend over as often as you want. If landlord does not like it, he can agree to release you from lease without any liability to pay rent after you leave. Get it in writing.

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