2nd Amendment To Lease (by Victoria [CA]) Sep 29, 2022 6:39 PM|
2nd Amendment To Lease (by Jim in O C [CA]) Sep 29, 2022 7:02 PM
2nd Amendment To Lease (by Victoria [CA]) Sep 29, 2022 7:06 PM
2nd Amendment To Lease (by Jim in O C [CA]) Sep 29, 2022 11:55 PM
2nd Amendment To Lease (by Robert J [CA]) Sep 30, 2022 12:05 AM
2nd Amendment To Lease (by Still Learning [NH]) Sep 30, 2022 1:18 AM
2nd Amendment To Lease (by S i d [MO]) Sep 30, 2022 9:28 AM
2nd Amendment To Lease (by BRAD 20,000 [IN]) Oct 1, 2022 11:54 PM
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2nd Amendment To Lease (by Victoria [CA]) Posted on: Sep 29, 2022 6:39 PM
I'm about to create a second amendment to a lease agreement and need some help on the verbiage. So far I have the following:
1. The original lease which was dated 12/16/2020, and
2. A First Amendment (renewing the lease) dated 12/3/2021.
I need to create a Second Amendment to again renew the lease. The last amendment had this verbiage: "The Lease Agreement dated 12/16/2020 by and , as “Lessor”, and , as “Lessee”, for the Premises located at , is hereby amended as follows:
Lease Extension: Lessee is granted a lease extension (First Extended Term) on all the provisions contained in the Lease Agreement for a one (1) year period ending December 31, 2022. Monthly rent shall remain at beginning January 1, 2022.
QUESTION: This may sound like a dumb question but does anyone have verbiage to reference the original lease AND the First Amendment? Wondering if anyone has a sample of an amendment that references the original lease and any previous amendments.
Let me know. Thanks in advance Mr. Landlord Community!
2nd Amendment To Lease (by Jim in O C [CA]) Posted on: Sep 29, 2022 7:02 PM
You could join apartment owners association for less than $100 a year and get every California form you would need. --99.23.xxx.x
2nd Amendment To Lease (by Victoria [CA]) Posted on: Sep 29, 2022 7:06 PM
Thanks for the suggestion! --98.47.xxx.xxx
2nd Amendment To Lease (by Jim in O C [CA]) Posted on: Sep 29, 2022 11:55 PM
Plus limited free landlord legal advice. No extra charge for forms. --99.23.xxx.x
2nd Amendment To Lease (by Robert J [CA]) Posted on: Sep 30, 2022 12:05 AM
There comes a time when too many amendments are a drawback if you go to Court in California. Instead I would draw up a new lease, with all of the added clauses under the State/City Laws, adding your needed items.
On my new lease I state "This is a New Lease that Supersedes all prior leases with this tenant, named Gina Lopez and Todd Swartz".
If my tenant refuses to sign a new lease, NO PROBLEM. I would then send them a "Change of Terms of Tenancy" stating the new rules. Such as "Any tenant using a BBQ must be supervised at all times and at least 15 feet from any structure". (Old distance was 10 feet in California). --47.156.xx.xx
2nd Amendment To Lease (by Still Learning [NH]) Posted on: Sep 30, 2022 1:18 AM
My addendum references the original lease and then states the new dates, rent etc. Unless there was a new clause added on a previous addendum, I would not be concerned about referencing the previous renewal addendums. --23.242.xxx.xx
2nd Amendment To Lease (by S i d [MO]) Posted on: Sep 30, 2022 9:28 AM
It's a great idea to join the local LLing association as they will be experts in legal matters that most of us are not... that said...
Why not just have a lease auto-renewal clause? Unless it violates your state's laws/statutes, I'd work to simply life by adding something like this, which comes straight out of my lease. Feel free to copy/paste/use once you get the thumb up from legal counsel.
Btw, to clarify, the reason I use "rent payment plan" is I offer Monthly, Bi-monthly, and Bi-weekly Plans. The renter gets to choose. Each one has a total different annual cost, so this allows for maximum flexibility of automatic renewal...whatever you're paying now... add 3.4%.
Second btw, I can always ask for more. This is what happens if no one does anything (the default). I can always give notice 30 days out that I want $X increase. If they refuse, they move.
Lease Renewal. Written notice not to renew must be given a minimum of 30 days from the end date specified or the agreement shall renew for 12 months with an automatic cost-of-living increase of 3.4% of the current rent payment plan in effect. If TENANT requests to renew lease on a month-to-month basis, the rent will be increased by 20% over the rent payment plan currently in effect, and a processing fee of $50 shall be due and payable before month-to-month lease renewal becomes effective. Month-to-month extensions are subject to LANDLORD approval in writing.
2nd Amendment To Lease (by BRAD 20,000 [IN]) Posted on: Oct 1, 2022 11:54 PM
I have watched judges throw out addendums.
If it’s worth stating, put it in the lease.
Just have them sign a new lease.
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