A Lease Amendment is also known as:
- Lease Amending Agreement
- Rental Lease Amendment
- Amendment to Lease
- Lease Addendum
What is a Lease Amendment?
During a lease term, both the landlord and tenant can propose amendments, provided they're familiar with any rules in the Lease Agreement about changing the lease. Once both parties have agreed to the changes, they can be formalized with a Lease Amendment.
A Lease Amendment allows you to modify one or more terms of the lease without having to create a new one. Aside from the amended terms, the original lease still applies.
Reasons to Amend a Lease Agreement
A landlord or tenant may want to amend the original lease in order to:
- Increase or reduce rent
- Adjust payment deadlines
- Revise pet or smoking policies
- Change roommate or guest allowances
- Modify maintenance responsibilities
- Allow for subletting or assignment of the lease
Information Needed in a Lease Amending Agreement
A Lease Amending Agreement should include the following information:
- Number of separate occasions the lease has been amended (if you've already changed the lease on five separate occasions, you should create a new lease)
- Property location and address
- Landlord and tenant information
- Lease start date
- Amendments to the lease (LawDepot's form allows you to make up to five changes to existing terms in the lease)
Do the Tenant and Landlord Need to Agree on the Amendments?
Both parties must agree to the proposed amendments. A lease is a legally binding agreement between a tenant and landlord, therefore it cannot be altered without both parties' consent.
Typically, a landlord is more likely than a tenant to propose an amendment to the lease. If the tenant doesn't agree to the change(s), then the landlord must wait for the lease to expire in order to modify it.
Why Do I Need a Written Lease Amendment?
Oral agreements can be difficult to prove and challenging to enforce. In order to formalize the amendments, a written Amending Agreement should be created and signed by the tenant and landlord. Both parties should keep a copy of the agreement for their records.