Question:

Can a landlord alter a lease to allow you to be thrown out and trespassed for late rent payment?

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My landlord has some lease that state that he can throw his tenants out and have the trespassed without going to court, just by calling the police. I have seen him do this about 3 times so far and no one that he has done this to has questioned him nor the court system if this is an illegal proceedure. I thought (even living in a boarding house or renting a room) that the court needs to be notified to make this action legal. Is this true?

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  1. If it is written into the lease agreement that is signed by the tenant than yes he can do it. If it isn't written into the lease than no he can't. The landlord also can not alter the lease agreement during the lease period without the tenant agreeing to the changes. He can make changes when it is time to sign a new lease.


  2. If this is a boarding house he falls under hotel laws and does not have to evict you, he can indeed have you thrown out whenever you do not pay rent.

    This is why you can rent there without a credit check, he does not care if you are a flake, he can have you arrested for being there and not paying the room charge.

  3. Different states have different laws concerning evictions.

  4. Nope,  failure to pay rent is a good reason to evict.  You broke the lease by not paying rent.

  5. First and foremost you need to make sure if the person is classed as a boarder/lodger or a tenant.  If they are not considered tenants by law then  I believe they are not protected by any residential tenancy act and the owner can ask them to leave. If they do have  tenant status then it is a whole new ball game and they are protected by the tenancy act in their state or province.

    If they're considered boarders or lodgers then it is no different than staying in a hotel/motel for an extended stay.  Management reserves theright to ask them to leave and have them charged with trespassing if they don't.

    Sounds like this owner is within his rights.

    Addendum:  

    Just a point of clarification.  It sounds like this owner is within his rights to get rid of the person- not to alter the terms of the lease.

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