Landlord Question and Answer Forum

has anyone in LA had their lease challenged? I have a potential tenant - his Dad is an attorney - he has added some changes to the legal parts of the LA lease. Has any one been challenged over the security deposit and holding the tenant responsible for attorney costs. etc?

No, but this comes as no surprise. Before you consider making any changes, ask that the attorney provide you proof that what he changed is in fact based on the law. Where did you get your LA lease?

Posted by James B, NC on Wednesday, December 11, 2013

Through ezLandordForms - using the specific LA state assist. The legal language is not something that is configurable from the interface - there is a section add a statement but the language is very standard and I have been comparing it to other lease interface and it seems abou the same. Regardless - I have after two days of trying to get an attorney to review the standard lease along with the 'suggested' changes - finally have someone that will be calling be back today or Thursday. I will know soon I hope

Posted by George F, TX on Wednesday, December 11, 2013

I should add to be clear - the potential tenants' Dad is an attorney and he is making the changes - that I don't agree with - I want to leave the lease as is from ezLandlordForms.

Posted by George F, TX on Wednesday, December 11, 2013

They can tell you if you have legal errors in your lease, that you should then investigate. But he has no authority to make the changes, unless you view it as a favor and allow it. If they signed a lease with legal errors, just thank him for pointing them out, correct the lease and have them sign it. He has no grounds to charge you legal fees. You did not hire him. The terms in the lease are up to you as long as they align with the law. He can't assume what you want. Even if he threatens to sue, there is an obligation of the person signing the lease to ensure it is accurate, just like signing any contract. And if you can show in good faith your attempt to correct the lease and they refused to sign, I don't think the court would throw the book at you. If you collected fees not allowed by law you would have to reimburse the tenant. Then if they really ticked you off, you have the right to evict them afterwards with a 30 or 60 day notice depending on the law in your state.

Posted by Polly R, CA on Wednesday, March 12, 2014

Update: After several days of looking - I retained a local attorney to review the Lease as it was generated using EZLandlord Lease interface. Let me add - should you ever need legal help like this - call the local City's Bar Association. In Baton Rouge, LA they have a program that will assist you in finding someone that will take your issue on - but not for free. I spent $50 for the first call to the Bar and then another $300 for the attorney. Ultimately, I had a VERY strong position to discuss and make all demands I felt I needed to protect my assets - and that Dad - started backing off REAL FAST and realized he was about to ruin a real sweet deal that the adult son had negotiated with me on rent / deposit. Generally the EzLandlord lease was solid enough - but the attorney provided lease language that was stronger in some areas than I had before - for example, for remedy of damages, etc. I feel confident that the EzLandlord Lease is far better than others I've evaluated and can basically be used without changes. I'm sticking with the service. Spend the money for an attorney if you like - it allowed me to sleep better at night.

Posted by George F, TX on Wednesday, March 12, 2014