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?
1 Answer from Attorneys
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.
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Lissa Luke, Esq.
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