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Lease Amendment

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TENANCY AMENDING AGREEMENT

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

BETWEEN:

_________________________
(the "Landlord")

OF THE FIRST PART

- AND-

_________________________
(the "Tenant")

OF THE SECOND PART

  1. Background
  2. The Landlord and the Tenant entered into a Tenancy Agreement (the "Tenancy Agreement") dated 2 December 2024, for the premises (the "Premises") located at __________.
  3. The Landlord 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 Landlord 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 "Landlord" 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 New Zealand, without regard to the jurisdiction in which any action or special proceeding may be instituted.

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

_____________________
Landlord: _________________________

 

_____________________
Tenant: _________________________

 

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.

Related documents

  • Residential Tenancy Agreement: Create a residential tenancy between a landlord and a tenant who is renting a home.
  • Commercial Lease Agreement: Outline the rights and responsibilities of a landlord and business tenant.
  • Lease Notice: Warn a tenant of a lease violation or late rent payment, tell them their lease won’t be renewed, or increase their rent.
  • Commercial Lease Notices: Give a business tenant notice regarding issues, such as breached lease terms, eviction, or the upcoming end of a lease.
  • Residential Rental Application: Gather information on potential tenants looking to lease a residential property.
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