Building Better Leases Series – Conflict, Amendments, Reservations

Building Better Leases

Any provisions to the Lease need to be typewritten or handwritten. The Lease can be modified with insertions in the margins and/or above/below the paragraphs. The Party can also attach a generic lease addendum form used to modify or augment the Lease. If the issues are minor, then it is more effective to make modifications on the lease itself, but regardless of provision method, all modifications should be pointed out to the respective parties and initialed.

The Lease can only be amended by writing. When creating an amendment, it is important to be consistent with the language of the Lease. For example, the term “tenant improvements” is often used, however Alterations and Utility Installations should be used because they have already been defined in the Lease. Furthermore, do not switch from Lessor/Lessee to Landlord/Tenant in the addendum.

Lenders may require the Lessor to make certain modifications to the Lease. The Lessee should agree to cooperate in such instances as long as there is no monetary impact. It’s important for the Lessee to review all documents in the event that the Lender attempts to make modifications that do have a financial impact on the Lessee.

As long as they do not unreasonably interfere with the Lessee’s use of the Premises, the Lessor has the right to grant easements, record parcel maps and restrictions, and create and/or install utility raceways. In doing so, the Lessee agrees to sign any documents reasonably requested by the lessor to carry out these activities. The purpose of this section is to give the lessor the ability to make necessary changes or improvements to the property with the cooperation of the Lessee.