If I have a renter who wants to renew his lease, can I used the old lease and just change the dates on it and have both parties sign it?

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If I have a renter who wants to renew his lease, can I used the old lease and just change the dates on it and have both parties sign it?

I have been told that I can change the dates on a lease agreement that is about to expire and have the tenant and I both sign or initial the lease. Is this true?

Asked on August 11, 2011 Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Legally, you can do this--any writing that serves to show the agreement of the two parties and sets out the relevant terms can serve as a lease or contract. It could get confusing to cross out and initial, since it could get "messy"--you want everything, including dates, to be clear and unambiguous.

Another easy way to do the same thing: write up a one page "Lease Renewal" to the original lease. Name the parties, list the new lease term (and new rent, if that's gone up at all) and then state that "Other than as indicated in this Lease Renewal, the tenancy continues to be governed by the terms of the lease dated [INSERT DATE], attached to this Renewal, which terms are incorporated into the Renewal." That way, you don't have to create a whole new lease, but have a clean sheet of paper listing the dates (and rent) for the new term.


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