Legal Question in Real Estate Law in New York

lease amendments

In a commercial lease situation, is there such a thing as an oral lease amendment whereby the landlord orally decreases the rent and never increases it again to the original amount? If so, would the orally agreed upon amount be considered the actual rental amount, not the amount stated in the lease?


Asked on 5/28/07, 12:42 pm

1 Answer from Attorneys

Lissa Luke Luke Law Offices PLLC

Re: lease amendments

The answer is no. Most, if not all, written comercial leases require modifications of the terms to be in writing. Take a look at your lease, I am sure you will find that provision. In your case, the amount written in the lease would control. By accepting a lesser amount, the landlord is not waiving his right to the amount stated in the lease, unless you can prove that his conduct caused you to believe otherwise. The landlord may still be entitled to collect the difference between the written amount and the stated amount.

For further information, please contact this office to schedule a consultation.

Lissa Luke, Esq.

This information is provided for educational purposes only. This response does not establish an attorney-client relationship with this firm. An attorney-client relationship with the Luke Law Offices will only be formed once this office has been formally retained as counsel or has recognized such a relationship through a written document.

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Answered on 5/30/07, 1:41 pm


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