Commercial Lease Amendment Help Guide

This form will help you quickly modify or add terms in your commercial lease or rental agreement. The following will help clarify how to complete your amendment.


Fixed-Term vs. Periodic Tenancy

When selecting the term of your agreement, you will have to choose between a fixed-term and a periodic tenancy. A fixed-term tenancy is simply a tenancy agreement that states that it will end on a specific date in the future, usually about six months or a year from the start of the tenancy. A periodic tenancy has no set end day and usually continues from month to month until one of the parties chooses to terminate the tenancy.

Note that the technical difference between a lease agreement and a rental agreement is that a lease agreement creates a fixed-term tenancy while a rental agreement creates a periodic tenancy. Therefore, your amendment will have the corresponding title. It is alright if the original agreement is titled as a lease agreement when it is technically a rental agreement or vice versa. That will not affect the enforceability of your documents.

Amendments

When making the amendments, you will identify the exact language that you wish to change. Include the exact section number and/or letter if one is available. For instance, if you only wish to amend Section 3(b) and not any of the other subsections under Section 3, then be sure to specify that subsection and only discuss the relevant changes.

Also, be sure to clarify exactly how you are amending the language. If you are only changing one sentence in the section you identify, then explain whether you are only changing that sentence and whether the rest of the section should be considered deleted from the original agreement. For instance, you might enter, "The first sentence of Section 3(b) is amended to read...."

Additional Terms

If you simply want to add additional language to your original lease and do not want to amend any specific clause section, then you will enter these new terms on this step. Be sure to enter these additional terms exactly how you would want them to appear in the original agreement, being as specific and detailed as possible.

If you want to incorporate an additional document into the original lease agreement, then you may do this under this step as well. Simply identify the document as specifically as possible and have all parties sign and date the document.

Executing Your Amendment

To execute your amendment, simply have the landlord and all tenants who signed the original lease sign and date where indicated. If you chose to include a notary, then the parties should wait to sign until they are in the presence of the notary. Every party signing should receive a copy of the fully executed agreement for safekeeping.


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