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Chinese-English translation

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Learn more about Lease Amendment in China

A Lease Amendment is a legally binding document that modifies the terms of an existing lease agreement without requiring a completely new contract. It is used when landlords and tenants need to adjust key terms such as rent, lease duration, permitted use, or maintenance responsibilities while keeping the original lease intact. In China, lease amendments must comply with the Civil Code of the People’s Republic of China and local property regulations to ensure enforceability. Download our Lease Amendment template, drafted by experienced lawyers in English and Mandarin, and easily edit it in Word format to meet your specific needs.

Table of contents


What is a Lease Amendment in China?

A Lease Amendment is a modification to the terms of an existing lease agreement between a landlord and tenant. The amendment allows both parties to revise specific provisions, such as rent adjustments, extension of the lease period, or adding new tenants.

In China, a Lease Amendment must comply with the Contract Law of the People’s Republic of China. If a tenant wishes to amend the terms of their lease, they must seek written approval from the landlord. The change must be mutually agreed upon, and the amendment must be documented in writing to avoid legal disputes. Both parties must sign the document for it to be legally valid.

What is included in this Lease Amendment?

The Lease Amendment Agreement typically includes the following clauses:

➤ Lease Application: The Parties acknowledge the existence of the original Lease Agreement and agree to modify specific terms while all other provisions remain unchanged.
➤ Amendment of Rent Fees: The monthly rent is revised to new amount per month, effective immediately.
➤ Lease Extension: The lease term is extended, with the same obligations and responsibilities as per the original agreement.
➤ Addition of New Tenant: A new tenant is added to the lease and shares joint liability for rental obligations, both past and future.
➤ Governing Law and Jurisdiction: This amendment follows Chinese law and any disputes will be handled in the local courts.

Can a Lease Amendment need to be in writing?

Yes, the landlord’s consent is absolutely necessary when amending a lease in China. The modification of any lease terms, whether it’s adding a new tenant, adjusting the rent, or extending the lease term requires the agreement of both the landlord and the tenant. Without the landlord’s consent, any proposed amendments would not be legally enforceable. This is in line with the Contract Law of the People’s Republic of China, which mandates that lease modifications be agreed upon by all parties invYes, the landlord’s consent is absolutely necessary when amending a lease in China. The modification of any lease terms whether it’s adding a new tenant, adjusting the rent, or extending the lease term requires the agreement of both the landlord and the tenant. Without the landlord’s consent, any proposed amendments would not be legally enforceable. This is in line with the Contract Law of the People’s Republic of China, which mandates that lease modifications be agreed upon by all parties involved.olved.

Can I add a new tenant to the lease?

Yes, you can add a new tenant to the lease, but it requires the landlord’s approval. This is one of the most common amendments made to lease agreements. The addition of a new tenant should be detailed in the Lease Amendment Agreement, including the new tenant’s full name and personal information.

➤ New Tenant’s Information: The new tenant must be identified and added to the lease agreement with their personal details.
➤ Joint and Several Liability: The new tenant shares joint and several liability for the rental obligations, which includes payment of overdue rent and future rents.
➤ Impact on Original Lease Terms: The addition does not change any other provisions in the original lease, except for the tenant’s responsibilities.
➤ Consent from Landlord: The landlord’s consent must be documented and included in the amendment for legal validity.

How do I amend the rent fees in the lease?

To amend the rent fees in a lease agreement, both the tenant and landlord must agree on the new rent amount and the effective date. This amendment must be clearly outlined in the Lease Amendment to avoid confusion.

Typically, the amendment will specify:

➤ The new rent amount stated in Chinese Yuan.
➤ The effective date of the rent change.
➤ The payment schedule, including any penalties for late payments.

Both parties must sign this amendment to validate the change. Rent adjustments can be based on market conditions, inflation, or mutual agreements between the parties.For insights into market-based rent adjustments, you can consult the National Development and Reform Commission

Can the lease term be extended?

Yes, the lease term can be extended through a Lease Amendment Agreement. To extend the lease, both the landlord and tenant must mutually agree to the new terms, including the new start and end dates for the lease. This extension allows the parties to continue their relationship under the original lease conditions, with or without modifications.

The new lease term must be clearly defined in the amendment. Both the landlord and tenant should agree on the length of the extension and any other changes to the agreement, such as rent adjustments or the addition of a new tenant. The amendment must be in writing and signed by both parties for it to be legally binding.

Can the Lease Amendment be transferred to another party?

Typically, the Lease Amendment Agreement cannot be transferred to another party without the written consent of both the landlord and the tenant. If the tenant wishes to assign the lease to someone else, the landlord must approve this transfer in writing. Any new tenant or assignee would need to agree to the terms of the existing lease, including all amendments.

If the lease contains an assignment clause, it will specify the conditions under which a tenant can transfer their obligations to a third party. However, unless explicitly allowed in the agreement, a tenant cannot transfer the lease unilaterally.

Can the Lease Amendment be terminated early?

1. Mutual Agreement for Early Termination

A Lease Amendment Agreement can be terminated early if both parties agree to do so. In cases where the amendment involves significant changes such as rent adjustments or the addition of new tenants, the parties may negotiate to terminate or further modify the terms of the amendment before the agreement’s full execution.

2. Written Confirmation for Termination

Termination must be done in writing and signed by both parties. If the lease extension or rent adjustment is part of the amendment, early termination would require the return to the original terms unless a new agreement is made.

Can the Lease Amendment be terminated early?

A Lease Amendment Agreement must comply with the Contract Law of the People’s Republic of China and other local regulations governing lease and rental agreements. The following conditions are essential for the amendment to be legally valid:

Written Agreement: The amendment must be made in writing and signed by both parties.
Landlord’s Consent: The landlord must approve any changes to the lease, including the addition of new tenants or rent adjustments.
Clarity in Terms: The amendment should clearly state all modifications, including changes to the rent, lease duration, and any other relevant terms.

Conclusion: Why does Lease Amendment matter in china?

A Lease Amendment in China is a crucial document that helps both landlords and tenants adjust specific terms of an existing lease. Whether it’s adding a new tenant, adjusting rent, or extending the lease term, a well-drafted amendment provides legal clarity and ensures both parties are on the same page. It’s essential to follow all legal requirements when making changes to an agreement to avoid future disputes. For a professional and legally compliant Lease Amendment, download our template today.

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