Can an existing lease agreement be amended? 8 Answers as of November 13, 2013

Several lease agreements were created on the premise that a parking garage will be built and provisions were made which allows for free parking and parking deductions. However, it was realized years ago that a garage will not be built. Can the current management company renegotiate the terms of the existing agreements which expires several years from now?

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
If both parties agree, yes.
Answer Applies to: New York
Replied: 11/13/2013
Law Office of Raymond I. Moniak | Raymond Moniak
Since the purpose of the agreement no longer exists the Lease may not be enforceable according to its terms.? Should this issue not get resolved you may go to Court and have the Lease rescinded.? As to a renegotiation, such would not be required unless one side or the other want to continue the lease on some other terms and for a different purpose.
Answer Applies to: California
Replied: 11/8/2013
Casler Law Offices PLLC
Casler Law Offices PLLC | Carlton C. Casler
Parties are free to renegotiate a lease at any time. The amendment must be signed by both parties. If you mean can one party unilaterally change the terms of an existing lease without the approval of the other party, then the answer is no.
Answer Applies to: Arizona
Replied: 11/8/2013
Law Office of Scott K. Wilson
Law Office of Scott K. Wilson | Scott K. Wilson
"Renegotiate" means to come to a new agreement - by agreement. So yes the management company can renegotiate the terms with you, but what it can't do is unilaterally impose new terms.
Answer Applies to: Washington
Replied: 11/8/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Every contract can be amended.. with the agreement of ALL of the parties.In this instance who breached (e.g. responsible for and did not build the garage) they will be at a disadvantage and may have to give up something else.
Answer Applies to: Michigan
Replied: 11/8/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You can always attempt to modify a lease by agreement, and if a contingency has failed that would be a good starting point. Whether it can be forced is a question which should be answered in the lease terms.
    Answer Applies to: Michigan
    Replied: 11/8/2013
    Batten & Beasley
    Batten & Beasley | Andrew Larson-Wille
    It depends on how the lease was written. As a general rule a lease cannot be unilaterally amended, however there may be an exception if the lease terms were conditional on an event that was out of the control of either party.
    Answer Applies to: Minnesota
    Replied: 11/8/2013
    Law Office of Richard Winkler | Richard Winkler
    Yes, provided if you are all in agreement. If the need for a garage was material to you for entering into a lease, then you should be looking for some cost reduction if that is applicable in your case. If you do not want to renegotiate and you want out for a material breach, you could explore that as well. Your success depends upon the circumstances.
    Answer Applies to: Rhode Island
    Replied: 11/8/2013
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