Amendment To Rental Agreement: Fill & Download for Free

No. It doesn’t work that way.A verbal agreement cannot change, amend, or modify a written lease.

When you say “I own half of” are you referring to your name being recorded on the deed to the home? If you name is listed on the deed and properly recorded with the county recorders office then you have a legal right to stay in the home. She will make life difficult for you, but you can stay in the home. You may need to get the police and legal system involved.If your name is not on the deed/title to the home but you are listed as a resident on a lease/rental agreement you are legally entitled to remain in the home. She will make life difficult for you, but you can stay in the home. You may need to get the police and legal system involved.If neither of the above apply then yes she has the right to ask you to leave. Again there may be legal issues surrounding how she is asking you to move out, such as time frames and if she needs to get an eviction notice.If you own half the home then ask her to buy you out of your half of the home so that you can purchase or rent another place. If you are on the rental agreement and if you decide to move out of the home make sure the rental agreement is amended to remove your name from it. If you don’t and mom decides to stop paying the rent then that goes against you and your credit. It could affect your ability to rent another place in the future.No matter what you decide to do I would seek legal counsel on the issues so that you know your rights.

Short AnswerIn California, a commercial tenant cannot convert a month-to-month tenancy to a one-year lease by writing words intended to have that effect on a rent check.Longer Answer - Updated November, 2017 to include discussion of the appropriate code section (Civil Code Section 1526 having been superseded)Wording such as “payment in full” that is added to a check is referred to as a restrictive endorsement.California’s not-quite-on-point statute pertaining to restrictive endorsements on checks is Commercial Code Section 3311[1]. This Section states, generally, if there is a bona fide dispute and the check bears a prominent restrictive legend specifying payment in full, then by depositing the check the recipient accepts the check as full payment and gives up the right to ask for the rest of the disputed amount.However, this Section does not govern the OP’s situation because:That Section pertains to transactions between merchants, but a residential tenant is not a merchant.Furthermore, there is no dispute between the parties concerning an amount owed.Instead, the tenant attempting to amend the rental agreement.We do not have a copy of that agreement, thus we do not know its provisions concerning amendment. However, commercial rental agreements typically (a) are in writing and (b) specify that any amendment must be in writing and must be signed by each party.I expect that a court would not consider a negotiated check with a restrictive endorsement an amendment to agreement, thus:The month-to-month agreement would remain in place; andThe tenant would have prepaid 12 months’ rent - and, presumably, would be entitled to a partial refund if either party terminated the tenancy during the 12-month period.Footnotes[1] California Commercial Code Section 3311