Lease Amendment

A lease addendum allows a landlord or tenant to make changes to a current residential or commercial lease agreement.Once both parties agree and sign, the addendum should be added to the original lease.

If you are a leaseholder, you cannot change the lease terms without agreeing such change with your landlord. The reason for this is that as the lease is a contract between two parties, the leaseholder and the landlord, both parties must agree to change (referred to also as variation) of the terms of the lease.

A lease and addendum are esentially the same thing, 'the lease'. The addendum is part of the lease, it does not stand on it's own. If the lease and addendum say different things, but one does not supercede the other, it's ambigious, and the least restrictive clause stands.

The Lease Must be in Writing It does not matter if the lease is handwritten or typed. If the lease is for more than one year, it must be in written form and contain the following terms.

Step 1: Obtain a Written Request. Invite the tenant to submit in writing the request to add another person to the lease. Step 2: Check the Property's Occupancy Limit. Step 3: Acquire a Completed Rental Application. Step 4: Make a Decision. Step 5: Review the Details With the Tenants.

A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.

Changing the lease You can negotiate certain changes to the lease, sometimes known as 'varying the lease'. Speak to your landlord first. If you can't agree, you may be able to apply to a tribunal - contact Leasehold Advisory Service for advice.