A lease amendment modifies part of a previously executed lease agreement. It’s a legally binding contract that a landlord and tenant sign to agree upon changed terms of a lease. A landlord attaches it to the lease after a tenant has lived under the original lease’s terms for some time.
If a landlord and tenant agree to change a term in the original lease, they can use an amendment to document the new, updated parts while ensuring the rest of the lease remains in full force. If an amendment contains terms that conflict with the original lease, the amendment will typically override it.
Purpose of a Lease Amendment
This amendment lets the parties modify the specific terms of the original lease without creating a whole new lease agreement.
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How to Amend a Lease
Step 1 – Talk to the Other Party
Set up a meeting with the other party to propose a lease amending agreement. Be honest about your reasons and facilitate a two-way conversation.
Check the existing lease agreement to see if you can amend the contract. Please follow any of the lease’s provisions for creating and implementing amendments. If you want to attach multiple amendments, ensure that you number each one in sequential order for identification purposes.
Step 2 – Write the Amendment
Write the amendment according to the conversation you had with the other party. Send them a draft and clarify your use of any legal terminology and the included provisions.
IMPORTANT: What If a Landlord and Tenant Disagree?
If a landlord and tenant disagree on an amendment, they may try to reach a formal agreement via negotiation or mediation. They may also use the dispute resolution process their original lease agreement outlines.
If they can’t reach an agreement, they’ll abide by the original terms of the primary lease.
Step 3 – Obtain Signatures
Obtain the consent of all parties, including the landlord and all tenants on the original lease, and have them sign the changes into effect. Distribute signed copies of the lease with its new amendments to all relevant parties.
Both the landlord and the tenant must agree to any changes that an amendment dictates. The parties’ signatures on this document attest to the new arrangement.
When to Use a Lease Amendment
A landlord or tenant may want to change a lease term after both parties have signed the lease agreement. Here are some instances when an amendment to a lease would be useful:
- The tenant wishes to end the lease early. A landlord may agree to terminate the lease early if a tenant is planning to relocate due to unforeseen circumstances, such as a job offer or family emergency. The amendment can specify the terms and conditions for an early lease termination, indicating any notice periods or associated fees.
- The tenant wants to extend the lease term. The amendment should state the intention to extend the lease beyond the original date and adjust other terms as necessary. Alternatively, a landlord can also compose a lease extension agreement instead of making an amendment.
- The landlord needs to change the rent amount. The landlord may need to increase the rent to keep up with the standards in their area or decrease it if the tenant is struggling to make their payments. The amendment will override the original rent payment in the lease agreement.
- The tenant wants to sublet. If the original lease prohibits subletting, the landlord may write an amendment to grant the tenant permission. This document should outline the rules for subletting and the original tenant’s responsibilities as they relate to the subtenant.
- The landlord needs to add someone to the lease. The landlord can create an amendment to add a co-tenant, family member, or roommate if any of these parties were previously prohibited. This document should include the new parties’ information and responsibilities.
- The landlord wants to establish new boundaries or terms for property use. If the landlord wants to change how the tenant can use the residential property, they can indicate their modification in an amendment. They can also establish new boundaries, granting the tenant more or less access to the original agreed-upon property space.
Key Elements of a Lease Amendment Form
Here are the key elements to include in this form:
- Parties’ information: Identify the tenant and landlord.
- Property address: Provide the address of the property in question.
- A reference to the original lease: Refer to the original lease so the parties know which agreement the amendment relates to.
- A description of the changes: Describe the lease amendments the parties will implement. Clarify that an amendment will supersede any contradicting information in the original lease agreement.
- Effective date: State the date the change(s) will go into effect.
- Signatures: Have both parties sign the document.
How Does an Amendment Differ from an Addendum?
A lease addendum simply adds new provisions to the lease agreement without introducing any contradicting elements. On the other hand, an amendment modifies the original lease agreement’s provisions.
Sample Lease Amendment
Download a free lease amendment template in PDF or Word format below:
