A Brief Introduction About the Lease Modification Agreement
A lease modification agreement is a document that is used to change some terms of the original lease document. Such changes are made when the landlord accepts the requested changes of the tenant. Modification of lease agreement will not change the entire lease agreement all the time but does only a few changes like allowing pets, etc. But when the landlord wants to change or redo the entire lease agreement, then it is a hectic process.
In general, a lease agreement is made to protect the rights and interests of both the landlord and the tenant and to maintain a good relationship between them by avoiding any kind of disputes.
Who Takes the Lease Modification Agreement?
People that are involved in the agreement are the landlord and the tenant. When developing a lease amendment form, one should include certain clauses in it. They are the names of the landlord and the tenant, the effective date or duration of the original lease, the date of changing lease agreement, the address of the leased property by tenant, whether the original lease property belongs to certain county, which parts of the original lease are being modified, and how such modifications are going to happen. The agreement is also known as Lease Addendum, Addendum to Lease, and Lease Amendment Form.
Purpose of the Lease Modification Agreement
A lease modification agreement is the one that protects both the landlord and the tenant from any disputes or legal issues in the future. A lease modification document is much useful if:
- You are the owner of the leased property and want to make changes in the original lease.
- You are a tenant and request some changes to the landlord regarding some changes in the original lease, which favors you a lot.
- A Landlord and the tenant have already discussed making any changes in the current lease form, so the landlord needs to change and formalize the document.
- A Landlord and the tenant have already discussed changing special terms such as lease amendment to extend the term, and the landlord wants to make such changes in a written format.
The landlord can make any changes or even redo the original lease to a new one. One cannot simply make verbal statements about changes, but it is essential to make it as a written statement to avoid any disputes. So the agreement can be used to make various changes such as:
- To change the amount of rent,
- To change the terms of the lease,
- To choose and implement one of these two options such as the lease renewal or the lease extension option, or
- To include the layout changes.
Contents of the Lease Modification Agreement
The agreement acts as a vital tool for both the landlord and the tenant to avoid any issues in the future. This contract sets forth all the essential facts and obligations for making valid changes in the original lease document. This means that both parties agree to the new changing terms in the lease contract.
This modification agreement can be used for two types of lease purposes, such as residential and commercial, and also there are two lease options, such as renewal or extension. If you consider the difference between lease extension Vs renewal, one should get a new lease contract in renewal option, whereas one can just continue the original lease in extension.
In general, the lease extension agreement or renewal document includes certain crucial elements such as information of the parties, address of the property, date of entering the original lease, date of modifying the lease contract, condition of the premises, payment terms, other clauses such as allowing pets or not in a leased property, etc. But the most important clause to be explained in detail is the new amendment to be included in the lease contract. When both parties agree upon the amendment and sign the contract, the amendment gets complete.
How to Draft the Lease Modification Agreement?
When the landlord is asked for certain modifications by the tenant, the landlord must understand the provisions of the original lease before accepting it. One cannot simply make changes in one part of the lease without checking how they affect other provisions or create disputes between the parties. Without a proper review, a landlord should not accept the amendments; otherwise, they could leave him at risk. One should hire an attorney before agreeing to the amendments legally.
Negotiation Strategy
Before the landlord finalizes the amendment, the tenant can negotiate with the landlord. After the tenant negotiates certain favors, it is the right time to document the earlier conversations as a lease modification contract. After finalizing the facts and requirements, one should make the written document to avoid multiple draft versions.
Benefits & Drawbacks of the Lease Modification Agreement
Pros:
- The agreement helps to extend the term of the lease.
- The tenant can expand or reduce the size of the leased property
- The landlord can make improvements and new modifications using the agreement.
- The landlord can change the payment terms.
- The agreement acts as the early move-in agreement in case of tenants wanted to buy the leased property later on.
Cons:
The agreement limits the freedom of the tenant by not allowing pets.
What Happens in Case of Violation?
When the tenant does something that is against the terms and conditions of the agreement, then the landlord has the right to terminate the lease contract. So, the landlord uses the agreement as to proof against the tenant in case of disputes or breach of the contract(1). Even the tenant has the right to take action against the landlord when he/she breaches the contract.
Thus, amending the original lease by adding certain terms into the modification agreement helps to protect both parties by avoiding disputes in the future.