Unlike an addendum, an amendment to a lease involves changing the original contract itself. While addenda and amendments are similar, they are not the same.
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For example, your lease might state that no addenda are allowed. In this case, you will have to perform under the original lease or negotiate a new one. In some cases, addenda may only be allowed to cover certain things (e. g. , pets) but not others (e. g. , extra roommates). [2] X Research source
Parties are competent when they are over 18 years of age and free from any mental impairment (e. g. , being under the influence of drugs or alcohol, having a mental disability). The offer, acceptance, and consideration can be summed up to say that both parties need to mutually agree to do something, or refrain from doing something, and that the parties must exchange something of value. For example, if you sign an addendum to allow a pet in one of your units, you are giving the tenant that right in exchange for a pet deposit or increased rent. This is consideration. [3] X Research source
While using templates is incredibly helpful, you should not just copy and paste. Work with the examples and edit them to fit your needs.
For example, you could identify the parties by stating: “The Parties to the Original Lease Agreement as modified and supplemented by this Addendum are: Sam Smith (tenant of the property located at 123 Lincoln Boulevard) and Sally Jones (landlord of the property located at 123 Lincoln Boulevard). The Parties to the Original Lease Agreement are also the sole Parties to this Addendum. “[8] X Research source
To include this information in your addendum, simply add the following sentence: “This Addendum shall become effective as of December 18, 2016. "
For example, an appropriate provision might state: “The parties agree that wherever there is any conflict between this Addendum and the Original Lease, the provisions of this Addendum will control and the Original Lease will be construed accordingly. “[10] X Research source
For example, one paragraph may read: “Paragraph 1 of the Original Lease shall be modified in the following manner. [Modified language will go here]. " Use strikethroughs and bolded fonts to make your point. However, be sure you define what the purpose of these things are. For example, you might say: “Text in bold is language added to the item while text containing a strikethrough shall be deleted from the Original Lease. "
If the other party has any questions or concerns about the addendum, negotiate an acceptable agreement and re-draft the addendum as necessary.
However, in some leases, the original document might define who needs to sign the agreement. For example, maybe only the landlord needs to sign the addendum or vice versa. [14] X Research source
