Can a landlord amend a Lease Agreement?

Written by mary jane | 13/05/2017
Can a landlord amend a Lease Agreement?
Lease agreement (Jupiterimages/ Images)

A lease agreement is a legal contract between a landlord and tenant. When the lease agreement is signed, the landlord and tenant must follow the terms and conditions outlined in the agreement. If a party wants to change the terms and conditions in the agreement, an amendment agreement must be created in addition to the existing contract. An amendment requires the approval of both parties, not just the landlord's, despite having ownership over the property.

Amending a Contract

Can a landlord amend a Lease Agreement?
Amendments to a contract (Comstock Images/Stockbyte/Getty Images)

The amendment of a contract must be an agreement between the landlord and the tenant. A contract cannot simply be changed or altered by the landlord alone once both parties have signed and agreed to the existing terms. If the landlord wants to change rules and regulations regarding the space in question, he/she must create a lease amendment and present it to the tenant. The tenant can then choose to sign it and agree to the changes or choose to neglect the changes and remain in the existing contract. If this happens, the landlord must wait until the contract is up to change the terms.

Governing Law or Jurisdiction

Can a landlord amend a Lease Agreement?
Jurisdiction (Stockbyte/Stockbyte/Getty Images)

The amending of a lease contract must be done so according to the laws and regulations in place in the jurisdiction in which the property is located. The original lease agreement should mention the name of the governing jurisdiction, so the tenant knows what laws and regulations the landlord follows. The tenant can contact the local district office for more information about the legal requirements needed for the landlord to amend the agreement.

Read small print

Can a landlord amend a Lease Agreement?
Read the small print (Hemera Technologies/ Images)

If the landlord states he/she is allowed to amend the leasing contract, he/she may have added a clause in the lease agreement that allows him/her to amend the agreement without your consent. Read the small print of the contract to see if this is so. If the agreement states the landlord is allowed to amend the contract without your approval, and you have signed the contract, the landlord can amend it as desired since you have given your consent by signing.

Amendment Agreement

Can a landlord amend a Lease Agreement?
Amendments (Jupiterimages/ Images)

If the landlord wants to amend the existing agreement, but has not included a clause or small print about amending the contract, he/she needs to write an amendment agreement as part of the existing contract. The amendment agreement outlines the changes that need to be made to the original contract. It should state that the landlord and tenant agree to the amendment. Both parties need to sign the amendment and date it accordingly. The amended terms should be added to the existing contract.

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