Can a Landlord Change a Lease After It Has Been Signed?

If you’re asking, “Can a landlord change a lease after it has been signed?” we’re glad you stopped by to find out. Lease changes are easy to botch, and if you don’t follow the proper protocols, you could breach your contract, invite legal issues, or strain the relationship with your tenant..

In this guide, we’ll break down the differences between a lease addendum and an amendment, when to void and restart agreements, and best practices for modifying contracts. We’ll also guide you through the process of legally modifying an active lease to ensure a seamless transition, free from confusion and compliance issues.

Keep reading to ensure that every lease change you make is well-informed, legal, and designed to protect your rental property.

Signed Leases Are Legally Binding for Both Parties

Every landlord should understand this up front:

Once you’ve signed a lease agreement with a tenant, you’re legally required to honor its terms for the entire duration of the contract. Both parties must agree, in writing, to any proposed changes; if either side refuses, the lease will remain unchanged.

If both parties agree, however, you can work together to move forward and modify your agreement. There are a few ways to do it. You can add an addendum, draft an amendment, or create a new lease altogether. In rare cases, changes to legislation or court orders may necessitate changes.

The best approach for you and your tenants depends on the nature of the change and when you hope to make it.

Under what circumstances can a landlord update an active lease agreement?

Landlords can’t simply change leases on a whim, and tenants can’t either. Lease modifications are only allowable in specific situations, including:

During lease renewal and extension

The most common time to update lease terms is during a renewal. Once the original lease ends, landlords can add new terms or clauses before entering into a new agreement with the tenant. Simply inform the tenant of the changes, send the revised lease, and have both parties sign it.

When the Landlord and Tenant Both Agree to It

Landlords and tenants most commonly change an active lease after discussing the proposed terms and agreeing to them. If both parties wish to proceed with the change, they can use an addendum, an amendment, or draft an entirely new lease to reflect the update.

When Local or Regulatory Changes Take Effect

Sometimes, albeit infrequently, updates to local laws require landlords to update a lease mid-term. These legal changes often involve landlord disclosures, safety updates, or tweaks to rent control ordinances. In most cases, however, the new law automatically overrides any conflicting lease terms, so updating the agreement isn’t necessary per se.

But some changes (particularly those related to habitability or required disclosures) may require landlords to update their rental contracts mid-term.

Emergencies or Court-Ordered Modifications

In rare circumstances, emergencies or court orders can override lease terms. For example, a judge may order a lease modification during a legal dispute, or a natural disaster may call for temporary changes to occupancy terms, access regulations, or tenant responsibilities.

Changing Active Leases: You Have Options

Mid-lease changes aren’t one-size-fits-all. Your best approach depends on when you need the change to take effect, the existing agreement itself, and the extent of the update in question.

Option 1: Add a Lease Addendum

A lease addendum is an additional document that supports an existing lease by adding new terms without altering the original contract.

Landlords typically use addendums when they need to make mid-lease updates, like adding a pet, clarifying utility responsibilities, or updating parking terms. When handled correctly, lease addendums keep the rental contract current and valid, eliminating the need to start from scratch.

To add an addendum to a lease, use property management software to draft, send, and sign the document digitally.

Option 2: Make an Amendment to the Lease

A lease amendment modifies the existing terms of an original lease, such as adjusting the rent amount or changing the move-out date. While amendments can work in some cases, we don’t recommend them.

Amendments can easily create confusion if they’re not worded clearly or signed correctly by both parties. Unless you’re fixing a minor mistake, an addendum is typically the more straightforward, cleaner way to update your lease without revising its original terms.

Option 3: Void the Current Lease and Create a New One

Canceling an existing lease agreement and starting over is often easier than adding multiple new clauses or tediously editing existing terms. Doing so eliminates any possibility of confusion, locks in updated terms, and allows both parties to recommit to a fresh contract.

To void a lease and start a new one, both parties should first agree, in writing, to nullify the old agreement and then sign a new rental contract with updated terms. Going this route is more painstaking than adding an addendum, but less messy than making numerous amendments.

How to Change an Existing Lease (Step-by-Step Guide)

Follow these five steps to update your lease without inviting tenant disputes or running into compliance issues:

Step 1: Review Current Lease Terms

Before modifying your lease, take time to comb through the existing rental contract and confirm that the change you’re considering is actually necessary (and legally allowed). Next, identify the clauses you want to change, spell out the new terms, and outline how the proposed changes will influence the rest of the agreement.

Step 2: Discuss the Potential Change With Your Tenant

As we mentioned earlier, your tenant almost always must agree to any proposed changes before you can put them into effect. Unless a legal requirement forces the update, both parties must sign off on any modifications before they take effect.

If the tenant agrees to the proposed changes, move forward by preparing the necessary paperwork. If they disagree, wait until the contract term ends and send them a revised agreement with updated terms as part of a proposed lease renewal.

Step 3: Decide Between an Addendum, Amendment, or a New Lease

After you’ve agreed to a lease change, chat with your tenant and determine how it will take place: through an addendum, amendment, or a new lease altogether. Typically, we recommend an addendum, since it allows you to add new terms to the existing lease without modifying the original contract.

A new lease might be a good option if the current agreement is outdated, expires soon, or requires several detailed changes. Amendments can be effective, but they’re often more challenging to track and are more likely to cause confusion.

Step 4: Complete, Sign, and Date the Lease Change

Once you’ve settled on how to update the lease, put the change in writing, sign it, and date it (along with the tenant) to make it official. E-signatures are legally valid and can simplify the process if you prefer to keep things fully digital.

Using an addendum? Follow our step-by-step guide. Starting fresh? Make sure to void the old lease before signing a new one.

Step 5: Provide Copies to All Parties

Once the changes are official, distribute copies to both parties and store them securely. TurboTenant makes this simple by keeping all essential documents organized and accessible in your account.

Both you and your tenant will be able to access the updated lease documents at any time, as long as your accounts remain active.

Best Practices for Changing Active Lease Agreements

Before you finalize anything, follow these best practices to protect yourself and maintain a smooth rental process:

Always Get Tenant Consent in Writing

Verbal agreements are harder to enforce and often lead to misunderstandings. When a tenant agrees on paper, they’re far less likely to back out later. A reliable paper trail, complete with signatures, will help move things forward and protect both parties.

Opt for an Addendum (Try to Avoid New Leases or Amendments)

Addendums are the easiest way to modify a lease without having to start over from scratch. They require the least effort, preserve the original lease, and can be generated and signed quickly with property management software.

When possible, avoid amending or replacing the lease entirely, as these options are more complicated and time-consuming.

Be Specific and Use Clear Writing

Always use clear and direct language when updating a lease. Avoid using vague terms or open-ended phrases that leave room for interpretation. Both parties should understand, in no uncertain terms, what is changing and how the modifications will impact the original agreement.

Double-Check Changes With Current Laws

Before changing a lease, ensure the update complies with both federal and state landlord-tenant laws. Adding illegal terms could void the lease and expose you to penalties, legal disputes, or enforcement issues in the future. Just because you and a tenant have signed a lease, doesn’t mean all its terms are automatically valid.

Securely Store Records of All Changes

Since addendums are separate from the original lease, store them just as securely as you would store the main contract. Do the same for lease amendments and newly signed agreements by saving each document in an organized, encrypted interface.

Keeping your records in one place ensures that you can quickly reference them if questions arise or you need to provide legal documentation.

Change Your Leases (Legally) with TurboTenant 

Changing leases can be a tricky process, especially if you attempt to go the DIY route. Instead, use TurboTenant to create addendums, draft new leases, collect signatures, and store everything securely, all in your centralized landlord dashboard.

In addition to simplifying lease changes, TurboTenant helps over 800,000 landlords market properties, send rental applications, screen tenants, collect rent, and communicate with tenants (for free).

Sign up for a free TurboTenant account today to streamline your lease changes and automate all other facets of your rental business.

FAQ: Changing Lease After It Has Been Signed