A rental agreement should clearly state the important terms of a tenant’s property lease. Once signed by both the landlord and renter, it is a legally binding contract that lasts until the end date specified in the agreement.  

But what if something changes? A tenant who agreed to keep a unit pet-free might wish to adopt a cat. A renter might seek to be added to or removed from a lease, or a tenant might need to end a lease before completing its full term. Typically, modifying a lease requires a written agreement signed by both parties. There are two ways to approach such an alteration: 

     1. Sign a New Lease—When both parties agree to modify the terms of a lease, one option is to sign an entirely new agreement. The new lease typically retains most of the wording from the prior agreement, except for the desired changes. The new lease should also specify that the parties agree to cancel and replace the original lease with the updated agreement. 

     2. Sign an Amendment—More commonly, a landlord and tenant who want to make changes to a lease will draft an amendment. This additional document specifies which terms are being changed, and its title should clarify that it’s an amendment to the original contract. The amendment should also state its effective date and any original terms that will remain intact to avoid potential misunderstandings. Once both parties have signed, the amendment should remain attached to the original lease.

Limitations to Amendments 

While both parties can generally agree to change a lease, amending a rental agreement may be impossible in certain circumstances. Some leases specifically state that they are unalterable. While a tenant can always ask the landlord to be flexible, large rental companies rarely accept amendments so they can keep all leases consistent. State and local laws may also prohibit certain types of lease amendments. 

When amending a rental agreement, keeping open communication and putting everything in writing will make changes satisfactory and legally binding to all parties. Make certain each party receives a copy of the newly signed document. If questions arise, an attorney can ensure your amendment fulfills its purpose and steers clear of legal pitfalls.

About Rentals America     

Rentals America provides full-service property management for residential rental properties. Our team is wholly dedicated to property management, and we’re here to help landlords navigate the rental market.