How to Alter a Rental Contract
A rental contract is a legally enforceable agreement spelling out the terms under which one party to the agreement gains temporary use of a domicile, office or other property provided by the other party. The renter pays rent and agrees not to damage the property beyond normal wear and tear. The owner provides undisturbed use during the period of the contract. Further provisions may discuss utilities, number of tenants allowed, the length of the lease and other obligations. To alter a rental contract prior to its expiration normally requires the agreement of both parties.
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Instructions
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Determine whether you need to request the change in writing. If the request is minor--for example, you wish to take care of your sister's cat for two weeks but your lease prohibits pets--asking the landlord orally whether an exception is okay may be sufficient. The landlord may be lax about enforcing certain provisions, especially if you have been a good tenant, but never assume that he is.
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Submit a written letter in order to request a major alteration of the contract, even if the other party to the rental contract is agreeable in conversation. Doing so will reduce the chances of any misunderstanding later about the details of your request, when you submitted it, and whether the other party was properly informed.
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Explain any extenuating or emergency circumstances. These may include an out-of-state job offer, a divorce, a marriage, income loss, or a death in the family. Include any supporting documents with your letter--for example, a copy of a letter offering you an out-of-state job.
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Agree if possible to any financial and other penalties for the change that are provided for in the contract itself. Many contracts provide for financial penalties for early termination. If you cannot afford the penalty, in the text of your letter propose a lower one, installment payments, or even waiving of the fee. If you are confronting a severe emergency, the other contracting party may be amenable. If not, you lose nothing by asking.
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Draft an addendum to the rental contract that sets down the new understanding between you and the other party to the contract. An addendum is any new agreement that changes the terms of a prior agreement (which may not be physically altered itself once it is signed and in effect). The addendum should refer explicitly to the previous contract and to the provisions being altered.
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Tips & Warnings
Try to avoid going to court. If your case for extenuating circumstances is strong and the other party to the contract seems unreasonable, you may win. But it will take time and resources that you can perhaps ill afford. If you wish to consider court action nonetheless, review landlord tenant law or other relevant laws in your state before pursuing it. Consult an attorney.
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