LEASE AMENDMENT AGREEMENT
State of ________
This Lease Amendment Agreement (the “Amendment”) is entered into and made effective as of ________ (the “Effective Date”), by and between ________, with a mailing address of ________ (the “Landlord”), and ________, with a mailing address of ________ (the “Tenant”).
The Landlord and the Tenant may be referred to in this Amendment individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, the Parties entered into that certain residential lease agreement dated ________ (the “Lease”), pursuant to which the Landlord leased to the Tenant the residential premises located at the following address (the “Property”):
________
WHEREAS, the Lease remains in full force and effect as of the Effective Date; and
WHEREAS, the Parties desire to amend and modify certain terms and conditions of the Lease in the manner set forth in this Amendment.
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 agree as follows:
§ 1. RECITALS INCORPORATED.
The foregoing recitals are true and correct and are incorporated into and made a part of this Amendment by this reference. Capitalized terms used but not otherwise defined in this Amendment shall have the meanings ascribed to them in the Lease.
§ 2. AMENDMENT.
Effective as of the Effective Date, the Lease is hereby amended and modified as follows:
________
§ 3. NO OTHER CHANGES.
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§ 4. INCORPORATION; FURTHER AMENDMENT.
This Amendment is incorporated into and made a part of the Lease, and the Lease and this Amendment shall together be read and construed as a single, integrated instrument. No further amendment, modification, or waiver of the Lease or this Amendment shall be valid or binding unless made in writing and signed by both Parties.
§ 5. REPRESENTATIONS AND WARRANTIES.
a) Each Party represents and warrants that it has full power and authority to enter into and perform this Amendment, and that the person executing this Amendment on its behalf is duly authorized to do so.
b) Each Party represents and warrants that, to its knowledge, neither Party is in default under the Lease as of the Effective Date and that no event has occurred which, with the giving of notice or the passage of time, or both, would constitute such a default.
§ 6. GENERAL PROVISIONS.
a) Binding Effect. This Amendment shall inure to the benefit of and be binding upon the Parties and their respective successors, assigns, heirs, executors, administrators, and permitted transferees.
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c) Governing Law. The Lease and this Amendment shall be governed by, construed, and enforced in accordance with the laws of the State of ________, without regard to its conflict of laws principles.
d) Venue. The Parties agree that any action or proceeding arising out of or relating to this Amendment or the Lease shall be brought exclusively in the state or federal courts located in ________ County, State of ________, and each Party consents to the personal jurisdiction of such courts.
e) Entire Agreement. The Lease, as amended by this Amendment, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether written or oral, relating thereto.
f) Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic means or facsimile shall be deemed valid and binding to the same extent as original signatures.
g) Headings. The headings used in this Amendment are for convenience of reference only and shall not affect the interpretation of any provision hereof.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date.
SIGNATURES
LANDLORD:
Sign: ________________________________ Date: ________
Print Name: ________
Title (if applicable): ________
TENANT:
Sign: ________________________________ Date: ________
Print Name: ________