Last updated March 15, 2024
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What is a Lease Amendment?
A Lease Amendment modifies an existing Lease Agreement, allowing a landlord and tenant to change or update lease terms without creating a new agreement.
An amendment is an agreement in and of itself, meaning both the landlord and tenant must consent to and sign it for it to come into effect. One party cannot execute the Lease Amendment on their own.
A Lease Amendment is also known as a:
- Lease addendum
- Tenancy amending agreement
- Lease amending agreement
What can I use a Lease Amendment for?
You can use a Lease Amendment to add, remove, or change one or more clauses. Our template is suitable for modifying residential and commercial lease contracts.
Here are some examples of ways you can use a Lease Amendment:
- Extending the length of the lease beyond its original end date
- Increasing the rent amount the tenant pays per month
- Granting the tenant permission to sublease the rental property to another person or entity
- Changing the amount of the security deposit required to be paid by the tenant
- Changing who is responsible for repairs and maintenance of the rental property
- Adding or modifying the pet policy, such as allowing or restricting certain types of pets or setting rules
- Adding a late payment fee to the Lease Agreement
- Adding or removing tenants from the Lease Agreement
When making changes to a Residential Tenancy Agreement in New Zealand, they must abide by certain laws and bylaws, including the Residential Tenancies Act 1986.
How to use Lease Amendments in New Zealand
Before creating a Lease Amendment, both the landlord and the tenant must agree to the changes.
If they agree, one or both parties can draft the amendment. Generally, the landlord prepares the amendment, outlining the changes, for the tenant to review and sign.
Once the lease amendment has been drafted, both parties should review and sign the document, paying close attention to the exact wording of the actual amendments.
The landlord should provide the tenant with a copy of the signed Lease Amendment, and both parties should keep their copy for their records.
What’s included in a Lease Amendment?
When you use our Lease Amendment template, you’ll be prompted to include the following:
- Landlord name
- Tenant name(s)
- Rental property address
- Original lease date
- Amendments (i.e., clear descriptions of the changes being made to the original Lease Agreement)
How many amendments can you make with a Lease Amendment?
You can make up to five amendments with our Lease Amendment template. If you need to make more than five amendments, consider creating a new residential or commercial lease.
Do the original lease terms still apply after using a Lease Amendment?
Yes, other than the terms that have been modified by a Lease Amendment, the original terms of the Lease Agreement still apply.