When to Use Lease Amendments For Your Rental￼
When to Use Lease Amendments For Your Rental
Landlords cannot change lease agreements once all parties sign, but lease amendments can help legally modify the lease agreement’s terms. However, it’s important to know what information to include to ensure the new amendment for a lease includes the right language, abides by local landlord-tenant laws, and is enforceable.
Here’s everything to know about lease amendments to help you easily create one for your rental.
What Is a Lease Amendment?
A lease amendment is a document between a landlord and tenant that can be used to legally modify the terms in an active lease agreement. Adding a lease amendment to an existing lease can ensure landlords are fully protected when changes occur that the original document does not cover.
Both the landlord and tenant must consent and sign the amendment for it to be enforceable.
When Can I Use a Lease Amendment?
You can use a lease amendment to address changes during the lease, such as when a tenant gets a new pet (if allowed) or cannot pay rent due to financial hardship. Other examples of when landlords can use a lease amendment are the following:
- A tenant wants to break a lease earlier than the set expiration date
- The tenant needs to go on a payment plan for unpaid rent
- The tenant wants to sublet their apartment
- Your tenant is requesting to add another person (or roommate) to the lease
- You want to implement new boundaries on property use
Do the Original Lease Terms Still Apply When Adding Lease Amendments?
Despite adding a new lease amendment, the original terms in the active lease agreement still apply. Lease amendments can serve as updated rules and regulations complimenting a lease agreement, but do not override the original lease.
Lease Amendment vs. Addendum: Are They the Same Thing?
Lease amendments and lease addendums are sometimes used interchangeably, but they’re technically two different types of legal documents. A lease amendment helps modify an active lease agreement, while a lease addendum clarifies or adds to a clause in the original document.
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