Amendment to Lease Agreement
This Amendment to Lease Agreement (the "Amendment") is made between [Landlord name (as on the lease)] ("Landlord") and [Tenant name(s) (as on the lease)] ("Tenant"). Landlord and Tenant are parties to a lease dated [Date of the original lease] for the premises at [Premises address] (the "Premises"), as previously amended by: [Earlier amendments (or "None")] (together, the "Lease"). This is amendment number [This is amendment number] to the Lease. Landlord and Tenant wish to change certain terms of the Lease and confirm the rest, and agree as follows. Landlord and Tenant are each a "Party" and together the "Parties".
1. Amendment of the Lease
With effect from [Effective date of the changes] (the "Effective Date"), the Lease is amended as follows. Each change below replaces the corresponding provision of the Lease in its entirety, or adds a new provision where the Lease has none, so that the amended provision can be read on its own without reference to the earlier wording.
(a) Change 1: [Change 1]
(b) Change 2: [Change 2 (or "None")]
(c) Change 3: [Change 3 (or "None")]
Where a change is stated as "None", that subsection has no effect. Any defined term used in a change and not defined in this Amendment has the meaning given in the Lease. If a change alters the rent, rent for the month in which the Effective Date falls is prorated by the day between the old and new amounts unless the change says otherwise.
2. Security Deposit
Tenant shall pay Landlord an additional security deposit of [Additional security deposit due (or $0)] on or before the Effective Date, to be held with the existing deposit on the terms of the Lease and subject to any cap on residential deposits under the law of the State of [Governing law (state)]. If that amount is zero, the deposit is unchanged. If any change reduces the rent or the term so that the deposit held exceeds what the Lease or the law permits, Landlord shall refund the excess within thirty (30) days after the Effective Date.
3. No Other Changes; Ratification
Except as expressly amended by this Amendment, every term of the Lease remains unchanged and in full force and effect, and the Parties ratify and confirm the Lease as amended. From the Effective Date every reference to the Lease, in the Lease itself or in any other document, means the Lease as amended by this Amendment. This Amendment does not extend, renew or restart the term of the Lease except to the extent a change in Section 1 expressly does so, and it does not waive any right or remedy either Party has for a breach that occurred before the Effective Date unless a change expressly says so.
4. Representations
Each Party represents to the other that, as of the date it signs this Amendment: the Lease is in full force and effect; to its knowledge neither Party is in default under the Lease and no event has occurred that with notice or the passage of time would be a default; it has not assigned or transferred its interest in the Lease except as the other Party has consented to in writing; and the person signing on its behalf is authorized to do so. Tenant confirms that Landlord holds no security deposit other than the amount stated in the Lease and any addition under Section 2. If any guarantor guaranteed Tenant’s obligations under the Lease, Tenant shall obtain the guarantor’s written consent to this Amendment, and the guaranty continues to cover the Lease as amended.
5. Conflict
If any provision of this Amendment conflicts with the Lease or with any earlier amendment, this Amendment controls to the extent of the conflict. Headings are for convenience and do not affect interpretation. Nothing in this Amendment is a consent by Landlord to anything the Lease requires Landlord’s consent for, other than the changes stated in Section 1.
6. Governing Law; Entire Agreement; Severability
This Amendment is governed by the laws of the State of [Governing law (state)], where the Premises are located, and is subject to any statute or ordinance governing residential tenancies, rent increases or lease renewals that applies to the Premises; to the extent a change in Section 1 would be unlawful under such a law, it is limited to what the law allows and the rest of this Amendment stands. The Lease as amended by this Amendment is the entire agreement between the Parties about the Premises and may be further amended only in a writing signed by both Parties. If any provision of this Amendment is held unenforceable, the remainder shall be given full force and effect.
7. Electronic Signatures; Counterparts
This Amendment may be signed electronically and in counterparts, each of which is an original and all of which together are one instrument, and the electronic execution record, timestamps and document fingerprints kept by the signing platform are conclusive evidence of its execution. This Amendment is binding when every Party named above has signed it, and each Party shall keep a copy with the Lease.
Signatures
Landlord · Tenant