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Lease Amendment

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TENANCY AMENDING AGREEMENT

THIS TENANCY AMENDING AGREEMENT dated this ________ day of ________________, ________

BETWEEN:

_________________________
(the "Lessor")

OF THE FIRST PART

- AND-

_________________________
(the "Tenant")

OF THE SECOND PART

  1. Background
  2. The Lessor and the Tenant entered into a Tenancy Agreement (the "Tenancy Agreement") dated 2 December 2024, for the premises (the "Premises") located at __________.
  3. The Lessor and the Tenant desire to amend the Tenancy Agreement on the terms and conditions set forth in this Tenancy Amending Agreement (the "Agreement"), which will take effect on 3 December 2024.
  4. This Agreement is the first amendment to the Tenancy Agreement.

IN CONSIDERATION OF the Lessor and Tenant agreeing to amend their existing Tenancy Agreement, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both parties agree to keep, perform, and fulfill the promises, conditions and agreements below:

  1. Amendments
  2. The Tenancy Agreement is amended as follows:
    1. ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  3. No Other Change
  4. Except as otherwise expressly provided in this Agreement, all of the terms and conditions of the Tenancy Agreement remain unchanged and in full force and effect.
  5. Incorporation
  6. This Agreement incorporates and is subject to the Tenancy Agreement.
  7. Miscellaneous Terms
  8. Capitalised terms not otherwise defined in this Agreement will have the meanings ascribed to them in the Tenancy Agreement. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine include the feminine and vice versa. The words "Lessor" and "Tenant" as used in this Agreement include the plural as well as the singular; no regard for gender is intended by the language in this Agreement.
  9. Governing Law
  10. Subject to the terms of the Tenancy Agreement, it is the intention of the parties that this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Commonwealth of Australia, without regard to the jurisdiction in which any action or special proceeding may be instituted.

IN WITNESS WHEREOF the Lessor and Tenant have executed this Tenancy Amending Agreement as of the date first above written.

Signatures to the Agreement
This agreement is made on the ________ day of ________________, ________.

Lessor's signature:

Witness (to Lessor's signature):


_____________________________
_________________________


_____________________________


Tenant's signature:

Witness (to Tenant's signature):


_____________________________
_________________________

_____________________________

Last Updated February 27, 2024

Lease Amendment Information

Alternate Names:

A Lease Amendment is sometimes referred to as a/an:

  • Lease Addendum
  • Lease Modification Agreement
  • Residential Lease Amendment
  • Amendment to Tenancy Agreement
  • Residential Tenancy Amending Agreement

What is a Lease Amendment?

A Lease Amendment, also known as a residential Lease Amendment, is used to make changes to an existing Tenancy Agreement. The rest of the original agreement remains in effect, but with the amendments included as an attachment.

Landlords and tenants can use a residential Lease Amendment to change or add terms in an existing Tenancy Agreement. In order for the amendment to be valid, both the landlord and tenant must sign it to indicate that they agree with the changes or additions.

What changes can a Lease Amendment be used for?

A Lease Amendment is generally used for straightforward changes to the Tenancy Agreement, such as:

  • A change in rent amount
  • A change in frequency of rent payments
  • Changes in responsibility for utility payments
  • Changes in rental permissions (such as pets)

Although there is technically no limit to the number of changes you can make and no restrictions in relation to the complexity of the changes made with the Lease Amendment, it is best practice to create a new agreement if the changes amend most of the existing content of the Tenancy Agreement.

Can I add new clauses to a Tenancy Agreement with a Lease Amendment?

You can use a Lease Amendment to add new clauses to an existing Tenancy Agreement instead of making changes to current clauses or do both at the same time.

As an example, you can use a Lease Amendment to:

  • Add a new tenant or tenants to an existing Tenancy Agreement
  • Add an additional clause that states the tenant is now responsible for paying a portion of the yearly property taxes
  • Add a clause that allows for subletting or assignment of the agreement

LawDepot's Lease Amendment allows you to make up to five total changes (amendments to existing clauses or adding new clauses) to a Tenancy Agreement at a time. If you need to make more than five changes, you should create a new Tenancy Agreement.

Where can I use a Lease Amendment?

LawDepot's Lease Amendment is available for use in most Australian states and territories, including:

  • Australian Capital Territory (ACT)
  • New South Wales (NSW)
  • Northern Territory (NT)
  • Queensland (QLD)
  • South Australia (SA)
  • Tasmania (TAS)
  • Victoria (VIC)
  • Western Australia (WA)

Related Documents:

  • Residential Tenancy Agreement: an agreement between a tenant and a landlord that outlines the rights and responsibilities of each party
  • Residential Rental Application: used by landlords and property managers to collect information about potential tenants
  • Lease Notice: notices sent to a tenant by a landlord to communicate things like overdue rent payments, lease violations, or notice to vacate the premises

Frequently Asked Questions:

Lease Amending Agreement FAQ
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