How to Change Your Lease or Rental Agreement

When you rent a house or apartment, you will likely enter into some sort of written agreement with your landlord. How to make changes to the terms of your tenancy depends on whether you’ve signed a lease or a rental agreement.

The Differences Between Leases and Rental Agreements

People often use the terms “lease” and “rental agreement” interchangeably to refer to any written tenancy arrangement. However, different legal rules apply to leases and rental agreements. Before you can make a change to your tenancy, you have to determine which type of written arrangement you have with your landlord.

• Lease. A lease typically is a contract to rent for a term of a year or longer. It does not renew automatically; the parties must agree to a renewal.
• Rental Agreement. Rental agreements lock the parties into the rental for only a short period of time—usually one month. Unlike leases, rental agreements renew automatically at the end of each term. Rental agreements that automatically renew each month are known as month-to-month agreements.

Because rental agreements are short-term, they give both landlords and tenants more flexibility: either party may end the arrangement at any time, as long as they give proper notice. On the other hand, once a lease is signed, both the landlord and the tenant are bound by it for the entire term.

The How-Tos of Making Changes to Your Tenancy

Both landlords and tenants may propose changes to a lease agreement or rental agreement at any time. However, no change proposed by a tenant can take effect unless the landlord agrees to it in writing. On the other hand, whether or not a landlord can unilaterally make a change to the tenancy depends on whether the contract at issue is a rental agreement or a lease, as well as the timing of the proposed change.

Changing a Rental Agreement

Landlords can make changes to rental agreements without tenants’ consent, so long as they give the tenants the legally required notice. State laws vary on how much notice landlords must give before the changes take effect, but for month-to-month agreements, 30 days’ notice is the norm in most states. For example, after the first month of a month-to-month tenancy, the landlord might decide to raise the rent by $50. So long as the landlord gives the proper notice, there’s nothing preventing the landlord from making the change (except possibly rent control laws). The tenant can either accept the change and continue to rent, or move out at the end of the term or notice period (the exact move-out date would depend on the written rental agreement and state law).

A tenant can also propose changes, but the landlord is under no obligation to accept the proposed changes. If a landlord doesn’t agree to make changes to a rental agreement, the tenant has the choice to continue renting under the same terms or find a new place to live. Tenants who decide to end a rental agreement should check applicable state and local laws, as well as their rental agreement, to make sure they give any required notice before moving out.

Changing a Lease

While a lease is in effect, both parties must agree to and sign off on changes for them to be enforceable. This means, for example, that your landlord can’t legally raise the rent in the middle of your lease, unless the lease explicitly states that rent can be raised mid-term, and by how much. If you and your landlord agree to a change, be sure to put it in a written amendment to the lease, signed by both of you. If you propose a change mid-term that your landlord doesn’t agree with, your options are to either continue renting on the same terms without the change, or move out and break your lease. Breaking your lease can have serious consequences, though—your landlord might be able to sue you for unpaid rent and other damages.

Once your lease has expired, though, your landlord can unilaterally change its terms. For example, your landlord might decide to raise the rent or disallow pets for the next lease term. When this happens, your options are to either accept the new terms and renew, or find a new place to live.

What Kind of Changes Are Allowed?

Changes must be legal under local, state, and federal law. Landlord-tenant laws prohibit lease provisions that try to limit your legal rights. For example, your rental agreement cannot state that you will accept responsibility for repair costs that are not your fault. But the landlord can raise the rent with written notice, although rent control laws might limit the amount of the rent raise.

A common change tenants seek is to allow a pet in a rental. For example, you need to amend your lease or rental agreement if you want to get a dog and you don’t have written permission to have one. You might be able to negotiate this change with your landlord, particularly if you agree to a pet damage deposit.

Another common change is to bring in a roommate. Most likely, your rental agreement or lease states the names of people who are allowed to live in the unit. If you want to live with another person (or switch out your roommate), you’ll need to ask your landlord for an amendment.

Note that in some states, the landlord can change the lease in minor ways—ways that don’t materially affect the agreement—without your consent. For example, your landlord might change the address to which you have to send your rental payment. There is no hard rule on what changes are considered material, though, so whether or not your landlord could legally enforce the change would depend on how a court viewed the change in light of your specific situation.

How to Ask Your Landlord to Change Your Lease or Rental Agreement

Because making a change to a lease or rental agreement is an amendment to a legally binding contract, it’s not something to take lightly. Before you propose a change to your landlord, ask yourself the following questions:

1. Is this change legal? If it’s not, don’t go any further with your proposal.
2. Does this change benefit the landlord in any way? Try to put yourself in the landlord’s shoes. Will this change hurt the landlord’s bottom line? If it does, is there a way you can sweeten the deal for the landlord? For example, if you would like to have a dog in a rental with a no-pets policy, can you offer to pay a higher monthly rent or a pet deposit? On the other hand, if allowing the change might have a neutral or even positive effect for the landlord, don’t be afraid to point this out in your discussions.
3. Is this change necessary for me to continue to staying in the rental? Life happens—sometimes events such as a job transfer, pay cut, or family emergency necessitate re-evaluating your rental situation. If that’s the case, you might have no choice but to ask your landlord for a change or risk defaulting on your agreement. Read on for advice on how to best approach your landlord.

When your response to any of these three questions is a definitive, “No,” it might be best to hold off on your request, and wait until you have a pressing need to pursue a change. But if you believe your request is necessary, consider the following tips for approaching your landlord.

• Take some time to organize your thoughts, needs, wants, and ideas about the change. If your request is straightforward, your preparation will be simple. For example, if you wish to add an available parking spot onto your lease, your preparation might consist of nothing more than knowing in advance which parking spot you’d prefer, how much you’re willing to pay for it, and when you’d like to start renting it. For more complex matters, such as a desire to change a month-to-month tenancy into a lease, you’ll need to list out more details and reasons why you’re requesting the change.
• For many requests, you won’t have to have a negotiation strategy. But if you answered “No,” or “probably not,” to the second question above, you’ll want to write out a plan to sell your change to the landlord. Anticipate the landlord’s objections, and brainstorm your responses.
• Put it in writing. Write out a formal request for your change. Put as many details as you can in the writing, and make sure to date it. You’ll also want to give the landlord a (friendly) deadline for a response, such as, “I look forward to hearing back from you about this matter by July 1. I know you’re busy, so if I don’t hear from you by then, I’ll give you a call.” Be sure to check your lease, rental agreement, or rental policies for any guidelines about how to make a request. Whether you mail or email the writing to your landlord depends on these directions (if any) and how you regularly communicate. If you feel comfortable, you can also call your landlord and present your proposed change, and note that you’re going to follow up with a written request.
• Make it easy for your landlord. Draft an amendment to your lease or another writing with the necessary details, and send it to the landlord to review (and hopefully sign). On Nolo.com, you’ll find many helpful landlord-tenant forms you can use for common amendments to leases and rental agreements. Your landlord will appreciate your efforts to shoulder some of the paperwork involved with making a change to your tenancy, and might be more inclined to work with you.
• Be ready for action. Don’t make your landlord regret accepting a proposed change. Do what you can to jump into action on your proposal the minute your landlord agrees. For example, if you’re adding a pet to your rental, have a check ready for the pet deposit. If you’re proposing to convert your short-term rental into a long-term lease, don’t be wishy-washy on the start date or delay signing the new paperwork.

What to Do If There’s a Dispute

If your landlord makes illegal changes to your lease or rental agreement, or doesn’t give you proper notice of changes before they take effect, your first step is to inform the landlord of this, and cite the law you think applies. Sometimes people make honest mistakes and will correct them.

If the landlord disagrees with your assessment, and you still think the change is against the law, consult a local tenant-rights group or a local landlord-tenant lawyer.