Free Lease Amendment

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Lease Amendment

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TENANCY AMENDING AGREEMENT

THIS TENANCY AMENDING AGREEMENT dated this ________ day of ________________, ________

BETWEEN:

_________________________
(the "Landlord")

OF THE FIRST PART

- AND-

_________________________
(the "Tenant")

OF THE SECOND PART

  1. Background
  2. The Landlord and the Tenant entered into a Tenancy Agreement (the "Tenancy Agreement") dated 27 January 2022, for the premises (the "Premises") located at __________.
  3. The Landlord and the Tenant desire to amend the Tenancy Agreement on the terms and conditions set forth in this Tenancy Amending Agreement (the "Agreement"), which will take effect on 28 January 2022.
  4. This Agreement is the first amendment to the Tenancy Agreement.

IN CONSIDERATION OF the Landlord and Tenant agreeing to amend their existing Tenancy Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both parties agree to keep, perform, and fulfill the promises, conditions and agreements below:

  1. Amendments
  2. The Tenancy Agreement is amended as follows:
    1. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  3. No Other Change
  4. Except as otherwise expressly provided in this Agreement, all of the terms and conditions of the Tenancy Agreement remain unchanged and in full force and effect.
  5. Incorporation
  6. This Agreement incorporates and is subject to the Lease Agreement.
  7. Miscellaneous Terms
  8. Capitalised terms not otherwise defined in this Agreement will have the meanings ascribed to them in the Tenancy Agreement. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine include the feminine and vice versa. The words "Landlord" and "Tenant" as used in this Agreement include the plural as well as the singular; no regard for gender is intended by the language in this Agreement.
  9. Governing Law
  10. Subject to the terms of the Tenancy Agreement, it is the intention of the parties that this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of , without regard to the jurisdiction in which any action or special proceeding may be instituted.

IN WITNESS WHEREOF the Landlord and Tenant have executed this Tenancy Amending Agreement as of the date first above written.

_______________________
Witness:
_______________________
Address

_______________________
_________________________

_______________________
Witness:
_______________________
Address

_______________________
_________________________

Last Updated: January 20, 2022

What is a Lease Addendum?

A Lease Addendum allows you to amend the terms of an existing Tenancy Agreement. Our Lease Addendum template can be used for both Residential Tenancy Agreements and Commercial Lease Agreements in England, Northern Ireland, Scotland, and Wales.

With a Lease Addendum, a landlord and tenant can add new or update existing lease terms without having to terminate their original agreement and create a new one.

A Lease Addendum is also known as a:

  • Tenancy addendum
  • Lease amendment
  • Lease modification agreement
  • Residential lease addendum
  • Commercial lease addendum

How does a Lease Addendum work?

When a landlord or tenant creates a Lease Addendum, the original tenancy agreement remains in effect with the amendment included as an attachment.

However, in order for a Lease Addendum to be considered legally binding, all parties must consent to the changes by providing their signatures. One party cannot unilaterally make a change because the original tenancy agreement is a legally binding contract that cannot be altered without both parties' approval.

Therefore, during a fixed-term lease, neither party can create a Lease Addendum and demand the other party to consent to the alterations. For example, if a landlord wants to institute stricter quiet hours halfway through a one-year fixed-term tenancy, the tenant has to agree to the change. If the tenant does not agree, the landlord has to wait until the end of the lease term to try enforcing the amendment.

Who should create a Lease Addendum?

Both landlords and tenants can create Lease Addendums. For example, if you are a tenant, a Lease Addendum can help you manage your tenancy. If you want to propose a change in lease terms to your landlord, a Lease Addendum can be a simple and efficient way to present your proposal.

If you are a landlord and you have discussed certain lease changes with your tenant, a Lease Addendum will legally enforce them.

What can you use a Lease Addendum for?

You can use a Lease Amendment to make straightforward amendments to a Tenancy Agreement. For example, you can change:

  • The lease length, renewal, or termination clauses
  • The rent amount
  • The frequency of rent payments
  • The party responsible for utilities
  • The permissions and responsibilities of each party

You can use a Lease Addendum to add entirely new clauses to an existing Tenancy Agreement instead of making changes to current terms. For example, you can use a Lease Addendum to add clauses that:

  • Add another tenant to an existing Tenancy Agreement
  • Make the tenant responsible for paying a portion of property taxes
  • Allow subletting of the lease agreement
  • Allow tenants to have pets

Pet addendums to leases are quite common. A landlord may prohibit pets in their rental property at the beginning of a tenancy but later change their mind. For example, if a quality tenant acquires a quiet, unobtrusive pet, a landlord may rather permit the animal than have a vacant rental.

If a tenant wants to assign the lease to a new tenant with the landlord's permission, a Lease Assignment Agreement is more suitable than a Lease Addendum.

What is included in a Lease Addendum?

Generally, a Lease Addendum should include:

  • The names and signatures of the landlord and tenant
  • The rental property's address
  • The original lease's signing date
  • The Lease Addendum's signing date
  • The amendments written as one-paragraph clauses
  • Witness signatures

How many times can I amend a lease with a Lease Addendum?

Our Lease Addendum template allows you to make up to five amendments. If you have more than five amendments to make, consider terminating the original lease and creating a new residential or commercial lease.

Can you cancel a Lease Addendum?

You can reverse or cancel the amendments in an executed Lease Addendum by creating another addendum that reverts the lease to its original terms. Once you have five amendments to a lease, consider creating a new lease.

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