Lease Renewal addendum

3 Replies

So both myself and the tenant have signed the lease renewal. The lease renewal is set to start May 1, 2021. Can I amend the renewal since it technically hasn't started yet? I know that amending a renewal/lease mid-term that the tenant doesn't have to sign it. But if the tenant refuses to sign the amended renewal can they then be forced to leave? Even on such short notice?

Hi @Kaitlyn Seigfried , I think you'd be setting yourself up for a potential legal battle or at least contentious tenant situation by doing a last minute jostling of the lease terms.  If it reflects what you've discussed with them then you're on good ground, but if it's just a play to get rid of them you'd likely be better off with a different approach IMO.

Are you asking because you want them to not sign and you can kick them out?  

I am not a lawyer.  My understanding is that you now have an enforceable contract once it's been signed by all interested parties.  AND it's executed because, since it's an amendment / renewal, you also already have received consideration in the form of the security deposit.

This is an "ask an attorney" question.

Originally posted by @Kaitlyn Seigfried :

So both myself and the tenant have signed the lease renewal. The lease renewal is set to start May 1, 2021. Can I amend the renewal since it technically hasn't started yet? I know that amending a renewal/lease mid-term that the tenant doesn't have to sign it. But if the tenant refuses to sign the amended renewal can they then be forced to leave? Even on such short notice?

It depends on what you want to amend. If you are amending because you mis-typed the address, then the tenant should have no problem agreeing to the change. If you want to change the dates or increase the rent, then as a tenant I wouldn't want to sign for that change. You haven't given us enough information in your question. But as others have said, once it's been signed by all parties, it's considered a closed matter as far as I know, but I am not an attorney.