Sometimes your residential or commercial lease needs to be added to.The required changes will be made using a lease addendum.A lease addendum is an additional document that is added to the existing lease agreement, unlike a lease amendment, which is a change in the contract itself.If they are not already controlled by the lease, addenda may be used to control pet ownership, roommate expectations, crime free agreements, and lawn care policies.The original lease must not prohibit the action and the addendum must meet all basic contract requirements in order to be created.You will need to include your addendum with your original lease after you write it.
Step 1: Understand the purpose of the amendment.
An add-on is an addition to the contract.The agreement that is already in place can be compliment or add to.The document will be able to modify the terms of the original agreement.An amendment to a lease involves changing the original contract.Addenda and amendments are not the same.
Step 2: You can contact a lawyer.
Before changing the terms of an existing lease, you should always get legal advice.An amendment will affect your legal rights.If you are looking for a lawyer, try to find one who is comfortable drafting and executing lease agreements and addenda.A lawyer will only represent landlords or tenants in a lot of situations.Make sure you find the right fit.Ask your friends and family for lawyer recommendations.Referrals are a great way to find a trustworthy lawyer.Contact your state bar association's lawyer referral service if you can't find a lawyer through referrals.After answering a few general questions, you will be put in contact with lawyers in your area.
Step 3: Check your original lease for any changes.
The original lease will usually have a provision specifying when addenda are allowed, who can execute them, and how they need to be drafted.Make sure the addendum you want to draft is allowed if you review the original contract.No addenda are allowed in your lease.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, but not others.
Step 4: All the basic requirements of a contract should be met by the addendum.
An addendum must meet all the requirements of a valid contract in order to be considered a legal contract.When both parties are competent, a valid contract can be formed.Parties are competent if they are over 18 years of age and free from mental impairment, such as being under the influence of drugs or alcohol.Both parties need to agree to do something, or refrain from doing it, in order to exchange something of value, according to the offer, acceptance, and consideration.If you sign an amendment to allow a pet in one of your units, you are giving the tenant the right in exchange for a deposit or increased rent.This is something that is being considered.
Step 5: Look for examples.
Don't make a lease addendum from scratch.It will take time and it will lead to improper and dangerous language that could affect your legal rights.Technical writing in contracts is complex and detailed for a reason.Look for examples and addendum templates.The language in those agreements can be used to help you.You should not copy and paste when using templates.Work with the examples to make them fit your needs.
Step 6: A style that is consistent with the original lease is what you should use.
It is apparent that the two documents are connected if the addendum looks and sounds like the original lease.You can make this happen by using the same things.The original lease language should be used as much as possible to keep things consistent.
Step 7: It should be titled the addendum appropriately.
The original lease should be identified in the title of your addendum.This will help connect the two documents again.You could title your amendment "Addendum to the Original Lease Contract Executed on November 6, 1989."
Step 8: An introductory paragraph should be drafted.
The purpose of the document should be laid out in the first paragraph.This will let both parties know that there is an amendment in the contract.Your opening paragraph might say, "This Addendum modifies and supplements the attached lease agreement that was executed on November 6, 1989."Pets are allowed on the rented premises.
Step 9: The parties should be identified.
The parties should be clearly identified in the next provision.You can include other identifying information, such as their relationships to one another, their titles, and the property involved, in addition to including the parties' names.The tenants of the property located at 123 Lincoln Boulevard are Sam Smith and Sally Jones.The Parties to the Original Lease Agreement are the only ones who are involved in this Addendum.
Step 10: An effective date is included.
The parties need to know when the terms will be effective.There could be a dispute about when the addendum becomes controlling without this information.If the landlord allows an amendment to let you have a pet, but it doesn't have an effective date, you will not know when you can bring your pet to your unit.This Addendum shall become effective as of December 18, 2016 if you add the following sentence to your addendum.
Step 11: Discuss the possibility of conflicts between the original lease and the addendum.
In the event of conflicts, your addendum should inform both parties.This particular clause is important because it is likely to modify or contradict the original lease.The addendum will control and supersede the original lease when there is a conflict.The provisions of the Addendum will control and the Original Lease will be construed accordingly if there is a conflict between them.
Step 12: The appropriate modifications should be made.
The amendments being made with as much detail as possible will be described in the body of your amendment.The item in the original lease can be replaced, amended, or supplemented.The original lease should be incorporated into the new addendum.Paragraph 1 of the Original Lease shall be modified in the following manner.There will be a modified language here.You can use strikethroughs and bolded fonts to make your point.Do you know what the purpose of these things are?"Text in bold is language added to the item while text containing a strikethrough shall be deleted from the Original Lease."
Step 13: A signature block is created.
The space for signatures should be at the end of the addendum.You need to include lines where each party can sign, date, and print their name.
Step 14: The terms of the addendum should be agreed to by all parties.
The other party should receive the addendum once it has been drafted.They should review it for completeness and accuracy.Both parties need to understand what they are agreeing to before the addendum is signed.Re-draft the addendum if the other party has any questions or concerns about it.
Step 15: The signature of every party is required.
You and the other party need to sign the agreement in order for it to be executed.The signature block should be used to sign the agreement.The original document might define who needs to sign the agreement.The landlord may need to sign the addendum or vice versa.
Step 16: The addendum should be signed by the person.
It is possible to get the signatures notarized, which will help prove that each party signed the agreement.Each party will sign the agreement if a licensed professional is present.The document will be approved by the notary at the end, who will say they saw each party sign it.
Step 17: Attach the addendum to the original lease document.
The original lease should be attached to the addendum once it has been executed.You can make copies of your records as well.