A lease agreement addendum is used to introduce additional provisions, terms, or conditions to an existing agreement without modifying the original content. It is a separate legal document that, once signed, becomes an integral part of the initial lease. Addendums typically establish pet policies, clarify maintenance obligations, or include stipulations regarding security deposits, among other purposes.
Supplemental Forms
Use Lease Agreement and Month-to-Month Lease Agreement templates to create your original rental contracts.
What Is a Lease Addendum?
A lease addendum is a supplementary document attached to an existing lease. While the agreement should contain all the terms and conditions of the rental arrangement, the addendum should address specific issues not covered initially. Its purpose is to introduce minor changes, clarifications, or regulations.
The rest of the terms in the original lease contract remain in effect, and only the terms included in the addendum differ. The same parties that signed the agreement should also sign the addendum for it to become a legally binding document.
When to Use
- Mid-term: For minor additions or changes during the lease period.
- End of lease: When extending the tenancy.
- Mutual agreement: Landlords and tenants can use lease addendums at any point if they both agree to the changes.
Lease Addendums: By Type
Use the general lease addendum form to make changes that do not pertain to the specific circumstances below:
Crime and Drug Free Lease Addendum
Establishes the illegal activity and drug policies of a rental property.
Swimming Pool & SPA Addendum
Use it to outline the terms related to the use, care, and maintenance of the swimming pool or hot tub.
Improvements and Modifications Lease Addendum
Defines the types of alterations the tenant is allowed to make to the leased property.
Military Lease Addendum
Used by military personnel to terminate their lease early without penalty if they receive relocation orders or are called to active duty.
Lease Extension Addendum
Use our Lease Extension addendum to extend your lease beyond its original date.
Rent Increase (Rent Change) Lease Addendum
Details an increase or decrease in the rent amount.
Why Use a Lease Agreement Addendum?
You can use addendums for residential lease agreements in many different situations. Some of the more common types of uses include:
- Changing the lease term: If tenants stay longer than initially planned or move out early, lease addendums can modify the lease term.
- Permitting an additional occupant: If the lease requires naming anyone living in the rental unit, lease addendums are necessary to add new occupants, such as roommates or romantic partners.
- Permitting a sublease: Most leases forbid tenants from subleasing the rental unit without permission from the landlord. If the landlord agrees to allow them to sublease the rental unit, you may wish to use an addendum.
Lease Disclosures
- Disclosures are just as important as addendums or lease clauses. They are mandated by law and designed to inform the tenant of some type of significant health or safety information.
- While they may vary based on location, common examples include – Bed bugs, lead-based paint, or mold being present on the property.
How to Add an Addendum to a Lease
Follow the steps below to write your rental agreement addendum:
Step 1: Check the Original Lease
Ensure that your original lease neither explicitly prohibits addendums nor imposes any restrictions on their implementation. Begin by searching for any provisions related to amendments or addendums. Many leases include clauses specifying conditions under which addendums are permissible, the scope of topics they can address, authorized signatories, and formatting requirements.
For instance, your lease might contain language allowing addendums but stipulating that they must be signed by all parties involved. Alternatively, it might specify that certain changes, such as alterations to rent amounts or lease duration, require mutual agreement from both the landlord and tenant.
Understanding the provisions outlined in the original lease will help ensure that any addendum you propose complies with the established contractual framework and can be legally enforced.
Step 2: Discuss the Addendum Provision with the Tenant
Once you’ve identified the possibility of implementing an addendum, it’s imperative to engage in open dialogue with your tenant regarding the proposed additional terms. Schedule a meeting or conversation to discuss the specifics of the proposed changes.
Work together to reach a consensus on the terms of the addendum, taking into account both parties’ interests and concerns. Once an agreement has been reached, formalize the terms in writing by preparing a written addendum that clearly outlines the agreed-upon modifications.
Step 3: Make Sure the Addendum Is Legally Valid
A valid contract is established when certain conditions are met. Firstly, both parties involved must be legally competent, typically defined as being over 18 years old and mentally sound, without impairment such as intoxication or mental disability.
Moreover, the formation of a valid contract necessitates an offer, acceptance, and consideration. This means that both parties must mutually agree to either perform or refrain from certain actions, and there must be an exchange of something valuable. For example, if you’re adding a provision to extend the lease term, you’re offering the tenant this extension in exchange for an increase in monthly rent or a one-time payment, which constitutes consideration.
Ensuring these elements are present in the addendum reinforces its legal validity and underscores the obligations and rights of both parties involved.
Step 4: Write the Lease Agreement Addendum
- Fill Out the Date: Write the specific date when the addendum is created.
- Include the Parties’ Information: Provide the full names and current addresses of the parties signing the addendum – the landlord or management company and the tenant. If there are more, enter the name of each additional tenant.
- Specify the Date of the Original Lease Agreement: Write the date of the rental agreement that this addendum references and attaches to.
- Enter the Property Location: Provide the complete street address.
- Describe the Reason for the Addendum: Provide what the landlord and tenant have agreed to add, clarify, or revise. You should reference the paragraph number of the term you are modifying. For example, suppose you have decided to allow the tenant to have a pet, and paragraph 15 of the original lease says pets are not allowed. In that case, the addendum should say that it is replacing paragraph 15 of the original lease.
Step 5: Execute the Addendum
The tenant should be given sufficient time to review the document thoroughly. If, after reading, the tenant agrees with its contents and has no questions, they should receive instructions on signing. Once signed, any breach of the addendum’s terms will constitute a breach of the lease agreement.
If you do not get the new terms in writing with a tenant’s signature, you are less likely to be able to enforce the document in court in case of a later dispute. You also risk miscommunication with your tenant. In some cases, states may require a formal written agreement in order to be binding. For instance, in Massachusetts, when the lease is for more than a year, a court will not recognize any changes to the lease that are not in writing.
Addressing Refusal to Sign and Breach of an Addendum
If a tenant declines to sign a lease addendum, the original lease agreement remains in effect, adhering to its initial terms. For instance, if a tenant declines to sign an addendum related to parking regulations, they must adhere to the parking terms stipulated in the original contract.
Similar to a lease agreement, addendum rules are legally binding. Failure to comply with an addendum can constitute a breach. In such cases, a tenant may face eviction from the property for non-compliance. Conversely, if a landlord fails to uphold the terms of an addendum, the tenant may be entitled to terminate the lease without penalties or obligations.
Lease Agreement Addendum Sample
Below, you can download a lease agreement addendum template in PDF or Word format.
Frequently Asked Questions
Is an amendment a lease addendum?
The difference between a lease amendment and a lease addendum lies in their purpose and scope of modification. The amendment alters specific terms agreed upon by both parties (i.e., rent amount), while the addendum adds new provisions (i.e., pet policy) without changing the original terms of the lease.
Is a disclosure a lease addendum?
A disclosure is not a lease addendum. With a disclosure, a landlord merely fulfills their legal obligation to inform tenants about certain issues. An addendum adds to the terms of the original lease.
Many states and even local cities require landlords to disclose certain information to tenants. For example, New York City landlords must disclose bedbug history, and Section 83.49 of the Florida Statutes requires that landlords provide a specific disclosure about holding advance rent and security deposits. Federal law mandates all landlords to provide information about lead-based paint for residences built before 1978.