Lease Amendment Agreement - Template, Sample Form Pro · EN-CA-law

RESIDENTIAL TENANCY AGREEMENT AMENDMENT

This Amendment to Residential Tenancy Agreement (the "Amendment") is made and effective as of ________, by and between ________, a corporation incorporated under the laws of ________, having its registered office at ________ (the "Landlord"), and ________, of ________ (the "Tenant").

The Landlord and the Tenant are each referred to herein individually as a "Party" and collectively as the "Parties".

RECITALS

WHEREAS the Tenant is the current tenant of a residential rental unit (the "Property") located at the following address, owned by or under the management of the Landlord:

________

AND WHEREAS the Parties entered into a written residential tenancy agreement in respect of the Property dated ________ (the "Tenancy Agreement");

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AND WHEREAS the Parties wish to amend certain terms of the Tenancy Agreement, subject to the terms and conditions set forth herein;

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agree as follows:

Article 1 – AMENDMENT

1.1. Effective as of the date first written above, the Parties agree to amend the Tenancy Agreement as follows:

1.1.1. Section ________ of the Tenancy Agreement is hereby amended to read as follows:

________

1.2. The Parties acknowledge that any amendment relating to rent must comply with the rent increase rules, notice requirements and any applicable rent control or rent guideline provisions of the applicable residential tenancies legislation, and that any provision of this Amendment that purports to be inconsistent therewith is void to the extent of the inconsistency.

Article 2 – NO OTHER CHANGES

2.1. Except as expressly amended by this Amendment, all of the terms, covenants and conditions of the Tenancy Agreement remain unchanged and continue in full force and effect.

2.2. In the event of any conflict or inconsistency between the provisions of this Amendment and the Tenancy Agreement, the provisions of this Amendment shall prevail to the extent of such conflict or inconsistency.

Article 3 – COUNTERPARTS

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Article 4 – GENERAL PROVISIONS

4.1. Enurement: This Amendment shall enure to the benefit of and be binding upon the Parties and their respective successors, permitted assigns, heirs, executors, administrators and personal legal representatives.

4.2. Severability: If any part or sub-part of this Amendment is held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be severed and the remaining parts and sub-parts of this Amendment shall remain valid and enforceable to the maximum extent permitted by law.

4.3. Statutory Compliance: This Amendment is subject to and shall be interpreted in accordance with the applicable residential tenancies legislation of the province in which the Property is located. No term of this Amendment shall operate to deprive the Tenant of any right or remedy conferred by such legislation, and any provision that does so is, to that extent, of no force or effect.

4.4. Governing Law: This Amendment shall be governed by, interpreted and enforced in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein, and the Parties irrevocably attribute jurisdiction to the courts and administrative tribunals of that Province.

4.5. Entire Agreement: This Amendment, together with the Tenancy Agreement, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.

4.6. Further Assurances: Each Party shall execute and deliver such further documents and do such further acts as may reasonably be required to give effect to the intent of this Amendment.

SIGNATURES

IN WITNESS WHEREOF the Parties have executed this Amendment as of the date first written above.

LANDLORD

________

Per: ________________________________
Name: ________
Title: ________
Date: ________
I have authority to bind the corporation

TENANT

________________________________
Name: ________
Date: ________

WITNESS

________________________________
Name: ________
Address: ________