If a rental lease is signed with one owner of the property can a co-owner change the terms?
My husband and I signed a 6 month lease on a condo in Colorado. At the time of signing the lease we informed our landlord that due to a medical condition of my grandmother we may have to move on short notice. The landlord said it would not be a problem and was willing to work it out with us if the time came because this was not our first lease at this property. Today my husband informed our landlord that we will need to move out at the end of the month because of the previously stated medical condition. Our landlord stated that she would need to talk to her mother about letting us out of our lease because she is a co-owner of the condo. We have NEVER heard of the mother owning this property also and she has not been on either of the leases we have signed. Does anyone know if it is legal for our landlord to say that she can not abide by our agreement because of a co-owner we didn’t know existed?
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Tags: Landlord, Medical Condition, Rental Lease
lease property | , 21 Jun 10
By Becky D, June 23, 2010 @ 1:38 am
only if she signed the lease.
By Paula M, June 25, 2010 @ 3:15 pm
Either way….give written notice today…and in the letter spotlight the verbal conversation regarding short-notice move and their response….
You may have financial issues w/ them down the road…but that’s the risk of signing a long term lease….you should have offered to pay $20 extra each month….to be a month to month tenant….then you’d be free & clear.
By Sharon T, June 28, 2010 @ 8:02 am
Is this provision written into the lease? If not, it is not binding.
By reenzz, June 29, 2010 @ 5:28 am
She does not need to abide by a verbal agreement unless you have proof of such. If you bring a verbal agreement to court, and the landlord has a lease agreement…guess who wins.
Not all owners must sign a rental agreement.
Next time get every condition of the lease in writing…such as an early out clause.
By Landlord, July 2, 2010 @ 5:25 am
The only agreement you can enforce is that on the signed lease.
If there is nothing about early termination you can not enforce it.
All owners do not have to sign the lease, just one. If one signed that you can leave for medical reasons you can. Verbal agreements have no meaning, they can not be enforced.
By Ken R, July 4, 2010 @ 5:03 am
If it is not written then you do not have a right to do so. Regardless of the co-owners input what you signed is what is enforceable . sorry
By SmartA$$, July 5, 2010 @ 7:57 pm
unless you have proof, such as a recording of the conversation, the written lease will take precedence over any verbal agreement.
It sounds like the landlord has the intention of making good on her promise, but that she just needs to work out the details with the other owner.
Either way, give written notice right away because if this turns into a legal battle, the sooner you give notice the better.
By schwildcat1977, July 9, 2010 @ 12:06 am
Yes because none of it was ever in writing. Verbal agreements are basically meaning less when it comes to real estate.
She had no legal obligation to tell you about the co-owner. She does not legally have to let you out of the lease. You are legally bound to all the written terms and conditions.
This is why it is very important to get ALL changes or agreements to a lease in writing and signed by both parties.
If you knew that you may have to move, then you never should have signed a 6 month lease to start off with. You should have had a month to month lease. You did not enter into it in good faith and she could probably sue you for that if she really wanted to.