Rental Lease Agreements – No Oral Modifications Clause is a Must

Residential and Commercial Landlords are better served to incorporate integration or “no oral modification” clauses in their lease agreements with tenants.  This is to ensure that the parties’ intent is ascertained solely from the writings alone, as opposed to oral statements later offered that contradict the writing to be enforced.  If a contract is to be modified, the modification should be in writing.  At the start of a rental agreement, the parties may be amicable and cooperative, but it’s when a party breaches (i.e., tenant fails to pay rent or tenant breaches lease covenant) that all amicability goes out the window and the Landlord is faced with enforcing the terms of the lease and dealing with defenses raised by the tenant that often can and do arise from “oral” promises or certain understandings with the landlord that are inconsistent with the written agreement.  Thus, writings executed by both parties, clearly outlining the intent of the agreement constitute strong evidence when in front of a judge or jury.

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