Residential Lease Amendment for Virginia

RESIDENTIAL RENTAL AMENDMENT



This RESIDENTIAL RENTAL AMENDMENT (the "Amendment") is effective as of _____________, by and between _____________, located at _____________, _____________, _____________ _____________ (hereinafter "Landlord"), and (hereinafter "Tenant"), located at the premises address listed below (Landlord and Tenant are each a "Party" to this Amendment and are collectively the "Parties").

WITNESSETH:

WHEREAS, Landlord and Tenant have entered into a certain residential rental agreement effective as of _____________ (hereinafter the "Rental Agreement," including any and all amendments and additions to the Rental Agreement executed prior to this Amendment) whereby Landlord has rented to Tenant the dwelling located at _____________, _____________, _____________ _____________ (hereinafter the "Premises"), as more particularly described in the Rental Agreement;

WHEREAS, the Rental Agreement created a periodic tenancy beginning on _____________ and continuing until such time as one of the Parties chooses to end the tenancy in accordance with the Rental Agreement; and

NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant do hereby agree as follows:

  1. ENTIRE AGREEMENT. Tenant expressly acknowledges and agrees that Landlord has not made and is not making—and Tenant in executing and delivering this Amendment is not relying upon—any warranties, representations, promises, or statements, except to the extent that they are expressly set forth in this Amendment. It is understood and agreed that all understandings and agreements of the Parties are merged into the Rental Agreement, as modified by this Amendment, which alone fully and completely expresses the Parties' agreement.
  2. FULL FORCE AND EFFECT. The Rental Agreement, as hereby amended and modified, will remain in full force and effect in accordance with its terms and provisions as hereby modified and amended. The terms and provisions of the Rental Agreement that are not hereby expressly amended and modified will be and remain in full force and effect as stated in the Rental Agreement. Furthermore, the Rental Agreement, as hereby amended and modified, is hereby ratified and confirmed by the Parties to be binding upon them in accordance with the terms thereof.
  3. MODIFICATION. The Rental Agreement may not be further amended or modified unless done so by a written agreement signed by the Parties.
  4. INCONSISTENT TERMS. Any terms in the Rental Agreement that are inconsistent or conflict with the terms of this Amendment will be null and void, with the terms of this Amendment controlling and prevailing in all instances.
  5. SEVERABILITY. If any provision of this Amendment or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from this Amendment; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of this Amendment is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
  6. CUMULATIVE RIGHTS. Landlord's and Tenant's rights under this Amendment are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
  7. NON-WAIVER. No indulgence, waiver, election, or non-election by Landlord under this Amendment will affect Tenant's obligations and liabilities hereunder.
  8. SURVIVAL OF TENANT'S OBLIGATIONS. All of Tenant's obligations and covenants arising by or under the Rental Agreement, as amended hereunder, that are not fulfilled at the termination of the Rental Agreement will survive its termination.
  9. BINDING EFFECT. The covenants, obligations, and conditions herein contained will be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the Parties hereto. The obligations of Landlord under this Amendment will not be binding upon Landlord named herein with respect to any period subsequent to the transfer of Landlord's interest in the Premises as owner or lessee thereof, and in event of such transfer said obligations will thereafter be binding upon each transferee of the interest of Landlord.
  10. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant.
  11. CONSTRUCTION. The pronouns used herein include, where appropriate, either gender or both, singular and plural.
  12. SINGULAR/PLURAL. The terms "Landlord" and "Tenant" include the singular as well as the plural.
  13. TIME OF ESSENCE. Time is of the essence for this Amendment.
  14. COUNTERPARTS; ELECTRONIC SIGNATURE. This Amendment may be executed in counterparts, including by fax, email, or other facsimile, each an original but all considered part of one Amendment. Electronic signatures placed upon counterparts of this Amendment by a Party or their approved agent will be considered valid representations of that Party's signature.

ACKNOWLEDGMENT. Tenant acknowledges that Tenant has read this entire Amendment, agrees to comply, and has received a copy thereof, including any attached schedules, exhibits, or addendums.

IN WITNESS WHEREOF, this Amendment amending the aforementioned Rental Agreement is hereby entered into by each Party as of the date affixed to its respective signature below.

LANDLORD:

Sign: ___________________________________ Date: ______________

Print: _____________

TENANT:

Instructions for Your Residential Rental Amendment



This agreement will help you quickly modify or add terms in your rental agreement. The following will help clarify how to complete your amendment.

Fixed-Term vs. Periodic Tenancy

When selecting the term of your agreement you will have to choose between a fixed-term and a periodic tenancy. A fixed-term tenancy is simply a tenancy agreement that states that it will end upon a specific date in the future, usually about six months or a year from the start of the tenancy. A periodic tenancy has no set end day and usually continues from month to month until one of the parties chooses to terminate the tenancy.

Note that the technical difference between a lease agreement and a rental agreement is that a lease agreement creates a fixed-term tenancy, while a rental agreement creates a periodic tenancy. Therefore, your amendment will have the corresponding title. It is alright if the original agreement is titled as a lease agreement when it is technically a rental agreement or vice versa. That will not affect the enforceability of your documents.

Amendments

Here you will identify the exact language that you wish to change. Include the exact section number and/or letter if one is available. For instance, if you only wish to amend Section 3(b) and not any of the other subsections under Section 3, then be sure to specify that subsection and only discuss the relevant changes.

Also, be sure to clarify exactly how you are amending the language. If you are only changing one sentence in the section you identify, then explain whether you are only changing that sentence and whether the rest of the section should be considered deleted from the original agreement. For instance, you might enter, "The first sentence of Section 3(b) is amended to read...."

Additional Terms

If you simply want to add additional language to your original lease and do not want to amend any specific clause section, then you will enter these new terms on this step. Be sure to enter these additional terms exactly how you would want them to appear in the original agreement, being as specific and detailed as possible.

If you want to incorporate an additional document into the original lease agreement, then you may do this under this step as well. Simply identify the document as specifically as possible and have all parties sign and date the document.

Executing Your Amendment

To execute your amendment, simply have the landlord and all tenants who signed the original lease sign and date where indicated. If you chose to include a notary, then the parties should wait to sign until they are in the presence of the notary. Every party signing should receive a copy of the fully executed agreement for safekeeping.

Please note that the language you see here changes depending on your answers to the document questionnaire.
Landlord Landlord and Tenant

Residential Lease Amendment

Use a residential lease amendment to quickly and easily modify the terms of your existing lease agreement. This document is the easiest way to change or add new terms to your agreement, saving you the time and expense of having to create an entirely new one from scratch. Once signed by both the landlord and tenant, it is considered a legally binding modification to the original agreement.

LegalNature takes you through creating your document step by step, giving you the guidance and understanding you need along the way. Easily customize the terms of your agreement however needed to reflect the intentions of the parties.

LegalNature makes it easy for you to create and download a customized residential lease amendment in minutes.

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You may use this agreement will help you quickly modify or add terms to your residential lease or rental agreement.

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