Can my landlord just change her mind on the agreed guests’ policy?
Hi, I signed a fixed-term lease for a year that said I am allowed two guests per week to stay over. Before I moved in the landlord emailed me to say that the guest policy has been changed and no guests are allowed.
I did not accept this new rule in writing or verbally, and had a Skype call with her to say that I do not agree. The lease was not amended and the owner just mailed to say she had changed her mind about the visitor policy.
She then offered me premature termination, which I accepted.
She then said I am liable for December’s rent, any water fines, and utilities.
I am now trying to get out of this contract with her. But she is making it very hard and she is telling me to find a new tenant and she is not giving me my deposit back.
I hope you can help; most importantly I hope this helps someone else in my position too. – Jacqueline
Hi Jacqueline, if there is a non-variation clause in the lease agreement, the tenant can place the landlord on terms to comply with the provisions of the lease, thus allowing visitors. Failing which you can cancel based on that, without penalty, and even a potential damages claim against the landlord.
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Answered by Cilna Steyn, attorney and director of SSLR Inc