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Frequently Asked Questions

What is meant by "how many times has the Lease been amended"?The number of times you have signed lease amending agreements to amend this Lease. It doesn't matter how many amendments you make in each amending agreement.

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LEASE AMENDING AGREEMENT

THIS LEASE AMENDING AGREEMENT dated this 25th day of August, 2016

BETWEEN:

_________________________

(the "Landlord")

OF THE FIRST PART

- AND-

_________________________

(the "Tenant")

OF THE SECOND PART

  1. Background
  2. The Landlord and the Tenant entered into the lease (the "Lease") dated August 25, 2016, for the premises (the "Premises") located at ______________________________________________.
  3. The Landlord and the Tenant desire to amend the Lease on the terms and conditions set forth in this lease amending agreement (the "Agreement").
  4. This Agreement is the first amendment to the Lease.

IN CONSIDERATION OF the Landlord and Tenant agreeing to amend their existing Lease, 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 Lease 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 Lease remain unchanged and in full force and effect.
  5. Miscellaneous Terms
  6. Capitalized terms not otherwise defined in this Agreement will have the meanings ascribed to them in the Lease. 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.
  7. Governing Law
  8. Subject to the terms of the Lease, 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 the Province of Manitoba, 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 Lease Amending Agreement as of the date first above written.



_____________________________
Witness



_____________________________
_________________________



_____________________________
Witness



_____________________________
_________________________

Lease Amendment

Alternate Names:

A Lease Amendment is also known as:

  • Lease Amending Agreement
  • Rental Lease Amendment
  • Amendment to Lease
  • Lease Addendum

What is a Lease Amendment?

During a lease term, both the landlord and tenant can propose amendments, provided they're familiar with any rules in the Lease Agreement about changing the lease. Once both parties have agreed to the changes, they can be formalized with a Lease Amendment.

A Lease Amendment allows you to modify one or more terms of the lease without having to create a new one. Aside from the amended terms, the original lease still applies.

Reasons to Amend a Lease Agreement

A landlord or tenant may want to amend the original lease in order to:

  • Increase or reduce rent
  • Adjust payment deadlines
  • Revise pet or smoking policies
  • Change roommate or guest allowances
  • Modify maintenance responsibilities
  • Allow for subletting or assignment of the lease

Information Needed in a Lease Amending Agreement

A Lease Amending Agreement should include the following information:

  • Number of separate occasions the lease has been amended (if you've already changed the lease on five separate occasions, you should create a new lease)
  • Property location and address
  • Landlord and tenant information
  • Lease start date
  • Amendments to the lease (LawDepot's form allows you to make up to five changes to existing terms in the lease)

Do the Tenant and Landlord Need to Agree on the Amendments?

Both parties must agree to the proposed amendments. A lease is a legally binding agreement between a tenant and landlord, therefore it cannot be altered without both parties' consent.

Typically, a landlord is more likely than a tenant to propose an amendment to the lease. If the tenant doesn't agree to the change(s), then the landlord must wait for the lease to expire in order to modify it.

Why Do I Need a Written Lease Amendment?

Oral agreements can be difficult to prove and challenging to enforce. In order to formalize the amendments, a written Amending Agreement should be created and signed by the tenant and landlord. Both parties should keep a copy of the agreement for their records.

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