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Assignment Agreement Template

Use our assignment agreement to transfer contractual obligations.

Updated February 1, 2024 Written by Josh Sainsbury | Reviewed by Brooke Davis

An assignment agreement is a legal document that transfers rights, responsibilities, and benefits from one party (the “assignor”) to another (the “assignee”). You can use it to reassign debt, real estate, intellectual property, leases, insurance policies, and government contracts.

What Is an Assignment Agreement?

What to include in an assignment agreement, how to assign a contract, how to write an assignment agreement, assignment agreement sample.

Partnership Interest

An assignment agreement effectively transfers the rights and obligations of a person or entity under an initial contract to another. The original party is the assignor, and the assignee takes on the contract’s duties and benefits.

It’s often a requirement to let the other party in the original deal know the contract is being transferred. It’s essential to create this form thoughtfully, as a poorly written assignment agreement may leave the assignor obligated to certain aspects of the deal.

The most common use of an assignment agreement occurs when the assignor no longer can or wants to continue with a contract. Instead of leaving the initial party or breaking the agreement, the assignor can transfer the contract to another individual or entity.

For example, imagine a small residential trash collection service plans to close its operations. Before it closes, the business brokers a deal to send its accounts to a curbside pickup company providing similar services. After notifying account holders, the latter company continues the service while receiving payment.

Create a thorough assignment agreement by including the following information:

• Effective Date:  The document must indicate when the transfer of rights and obligations occurs.
• Parties:  Include the full name and address of the assignor, assignee, and obligor (if required).
• Assignment:  Provide details that identify the original contract being assigned.
• Third-Party Approval: If the initial contract requires the approval of the obligor, note the date the approval was received.
• Signatures:  Both parties must sign and date the printed assignment contract template once completed. If a notary is required, wait until you are in the presence of the official and present identification before signing. Failure to do so may result in having to redo the assignment contract.

Review the Contract Terms

Carefully review the terms of the existing contract. Some contracts may have specific provisions regarding assignment. Check for any restrictions or requirements related to assigning the contract.

Check for Anti-Assignment Clauses

Some contracts include anti-assignment clauses that prohibit or restrict the ability to assign the contract without the consent of the other party. If there’s such a clause, you may need the consent of the original parties to proceed.

Determine Assignability

Ensure that the contract is assignable. Some contracts, especially those involving personal services or unique skills, may not be assignable without the other party’s agreement.

Get Consent from the Other Party (if Required)

If the contract includes an anti-assignment clause or requires consent for assignment, seek written consent from the other party. This can often be done through a formal amendment to the contract.

Prepare an Assignment Agreement

Draft an assignment agreement that clearly outlines the transfer of rights and obligations from the assignor (the party assigning the contract) to the assignee (the party receiving the assignment). Include details such as the names of the parties, the effective date of the assignment, and the specific rights and obligations being transferred.

Include Original Contract Information

Attach a copy of the original contract or reference its key terms in the assignment agreement. This helps in clearly identifying the contract being assigned.

Execution of the Assignment Agreement

Both the assignor and assignee should sign the assignment agreement. Signatures should be notarized if required by the contract or local laws.

Notice to the Other Party

Provide notice of the assignment to the non-assigning party. This can be done formally through a letter or as specified in the contract.

File the Assignment

File the assignment agreement with the appropriate parties or entities as required. This may include filing with the original contracting party or relevant government authorities.

Communicate with Third Parties

Inform any relevant third parties, such as suppliers, customers, or service providers, about the assignment to ensure a smooth transition.

Keep Copies for Records

Keep copies of the assignment agreement, original contract, and any related communications for your records.

Here’s a list of steps on how to write an assignment agreement:

Step 1 – List the Assignor’s and Assignee’s Details

List all of the pertinent information regarding the parties involved in the transfer. This information includes their full names, addresses, phone numbers, and other relevant contact information.

This step clarifies who’s transferring the initial contract and who will take on its responsibilities.

Step 2 – Provide Original Contract Information

Describing and identifying the contract that is effectively being reassigned is essential. This step avoids any confusion after the transfer has been completed.

Step 3 – State the Consideration

Provide accurate information regarding the amount the assignee pays to assume the contract. This figure should include taxes and any relevant peripheral expenses. If the assignee will pay the consideration over a period, indicate the method and installments.

Step 4 – Provide Any Terms and Conditions

The terms and conditions of any agreement are crucial to a smooth transaction. You must cover issues such as dispute resolution, governing law, obligor approval, and any relevant clauses.

Step 5 – Obtain Signatures

Both parties must sign the agreement to ensure it is legally binding and that they have read and understood the contract. If a notary is required, wait to sign off in their presence.

Related Documents

• Sales and Purchase Agreement : Outlines the terms and conditions of an item sale.
• Business Contract : An agreement in which each party agrees to an exchange, typically involving money, goods, or services.
• Lease/Rental Agreement : A lease agreement is a written document that officially recognizes a legally binding relationship between two parties -- a landlord and a tenant.
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• TemplateLab
• Contract Amendments

44 Professional Contract Amendment Templates & Samples

A contract is a written agreement between two parties where each has an obligation to follow its terms. There are, however, inevitable circumstances where the contract needs an adjustment to suit the needs of both parties. If all parties agree to the changes, there may be no need to draft a new contract from scratch. Instead, you may use a contract amendment.

Table of Contents

• 1 Contract Amendment Templates
• 2 Keep these things in mind when making a contract amendment
• 3 Contract Amendment Samples
• 4 Methods for creating a contract amendment
• 5 Addendum vs Amendment
• 6 Tips for creating a contract amendment
• 7 Amendment to Contract
• 8 How does an amendment differ from an addendum?

Contract Amendment Templates

Keep these things in mind when making a contract amendment

To change the terms of a contract, there’s a need for a contract amendment. Modifying can mean adding to, deleting from, correcting or making some other changes to the original contract. Here are a few points to consider when creating a contract amendment:

• Several amendments to an existing contract aren’t recommended, especially if they amend prior amendments. In lieu of this, you may come up with a single amendment which restates and invalidates all of the prior amendments.
• Restating the whole paragraph or provision of the contract that’s under changes is better than just adding, changing or deleting a part of it.
• Remember to date the contract amendment upon its completion and make sure that it’s signed by the ones who also affixed their signatures to the original contract. Give copies to the parties concerned and to everyone who held a copy of the original contract.

Contract Amendment Samples

Methods for creating a contract amendment

When creating a contract amendment or a contract addendum template, make sure that the language is clear, concise, and specific. With regards to its form, the document can either be informal like a letter or you can also make use the same format in the original contract. Generally, there are three different styles to use in creating this document:

• Method 1: Changes in the original contract are visually shown with the use of redlines and strikethroughs. For instance, an addition to the contract gets signified with an underline and deleted texts get crossed out using a strikethrough option. You can do this with a word processing application. For those in the know, it’s a standard practice, before going to the amendment proper, to include a clarifying statement which describes the process used to draft the amendment. This makes clear that you will indicate additions using underlines or deletions using strikethroughs. After this, notice the section which you modified.
• Method 2: If you need to replace a clause completely, simply state which clause then add the new clause in its place.
• Method 3: This method requires a description of the portion of the amendment that’s the subject of change. This type can save a lot of valuable time. However, the parties to the contract need to verify the changes made to the original contract.

Addendum vs Amendment

Tips for creating a contract amendment

In general, contracts are considered consequence-imposing and rigid documents which require strict compliance from the parties involved. While it’s true that a contract creates legally binding obligations the parties must perform in a specific manner, you can still write them in a way that’s completely inflexible. This is still legal and allows both parties to make changes in a contract when necessary without causing unwanted issues.

Bear in mind that addendum templates and contract amendments are just as significant as the original contract itself in the sense that it changes the nature or meaning of the original agreement. Consider the following things when making this document:

• As much as possible, avoid using strikethroughs and insertions What better and easier way to make a contract amendment than to use strikethroughs on language that you’re changing and insertion of language that reflects the desired change. Although this is one of the ways to create the amendment, it’s not the best way to go. This can be good for short contracts dealing where only minor details need changing but is never recommended for complicated agreements. If possible, you must avoid this amendment method, especially if you need to make a lot of changes. This makes the contract difficult to read and might render the changes made to interpretations. Too many strikethroughs and insertion can cause some difficulties in understanding the substance of the amendments.
• Draft a document entitled “amendment” For the benefit of both parties, it’s recommended to draft a comprehensive document that contains the changes to make in the original contract. An appropriate name for this document is “Amendment.” Make it very clear in the document which contract you’re changing. There is really not much difference in making the original contract and making the contract amendment because the parties still have to agree on the changes to make, especially on the wording that you will use to clarify such changes.
• Clarify which section you’re revising You can easily discern if a contract was well-written and this shows in the way you organize the paragraphs, subparagraphs, sections, and subsections. Even with the more complicated contracts, referencing a well-written contract for details will still be a lot easier. An organized contract makes it easier to locate the different parts of the contract. This is very important when it comes to the amending of a contract.
• Be very specific As important as locating the specific section to amend in a contract is the amended language to use. Make sure that it’s clear and specific. Location refers to the form but the language refers to the substance. If one of the sentences, for instance, should undergo a revision, identify it first. Then the amendment must show the new sentence completely. It’s not enough to say that you should replace this or that word with another word. The amendment should be the complete sentence that you need to change followed by a statement which says something like “is hereby being replaced with” and this continues with the re-written sentence. Let’s have an example which demonstrates the importance of being specific: This is an amendment which relates to a modification in the schedule of delivery. This provision is found in “section II, subsection C, paragraph vii, subparagraph d” and this reads: “Each shipment will be delivered every fifteenth day of the month.” In the amendment, this gets replaced by “Each shipment will be delivered every twentieth day of the month.” This is a good example of specifying both the exact section and the exact language as well as writing the new version of the provision completely. With contracts and amendments, there should be no room for interpretations or errors.
• Signature and initial When both parties have agreed upon the final version of the amendment you’re proposing, they have to sign the document to place it into effect. After this, they can disseminate the final version to all of the concerned parties then add this to the original contract. As aforementioned, this amendment is as important as the original contract itself as it still requires the agreement of both parties to become effective.

Amendment to Contract

How does an amendment differ from an addendum?

If you are familiar with an amendment, how about the term addendum? Some may feel confused as to which or even if addendum vs amendment means the same thing. Let’s discuss the differences between addendum vs amendment further.

An amendment refers to a change or an alteration since it modifies an original document. Also, this document may include some supplementary information. Conversely, an addendum refers to explanatory or informational notes which you add to and which become part of the original contract. Their admission still needs the concurrence of the parties involved. An addendum template is an additional material that got omitted when the contract was first drafted.

Only the parties who affixed their signatures on the original contract can make amendments to the said contract. But for addendum to contract, anyone can create this other than those who signed the original contract. When the parties sign the amendments, they become part of the contract until it’s renegotiated. But an addendum to contract is a binding and legal part of the original contract.

Whenever an addendum template gets executed, it’s recommended to write a note above the signatures of the contract to give a notice that there is an addendum. This alerts anyone who’s reading the original contract that there are addendums attached to it.

Written amendment templates have more advantages than oral agreements. But even if a contract has a clause which requires the writing of any modifications for them to become valid, they’re not always compulsory. Contracts may not get enforced even if they have a clause but this does not mean that you should prohibit any oral amendments which require adding clauses or written modifications.

There can also be situations when the parties involved in the contract decide to deviate from their agreement but don’t want to make modifications to the agreement. This can happen, for instance, when one party grants permission to the other to share any information with other parties other than themselves, even when the language of the contract specifically prohibits such action.

You may consider the granting of permission or the waiving of a provision an amendment, although it’s more often referred to as a “waiver” or a “consent.” While an amendment makes changes to the agreement, a waiver or consent permits this action to happen even if it’s prohibited by the contract. It is, therefore, important as well as recommended to put a waiver or consent in writing.

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Free Contract Addendum Template for Microsoft Word

Download this free Contract Addendum Template as a Word document to help amend an existing contract between two parties.

Contract Addendum

THIS AMENDING AGREEMENT dated [Insert date]

[Insert name]

– AND-

A. [Insert name] and [Insert name] (the “Parties”) entered into the contract (the “Contract”) dated [Insert original contract date], for the purpose of [Insert purpose of original contract]

B. The Parties wish to amend the Contract on the terms and conditions set forth in this Amending Agreement (the “Agreement”).

C. This Agreement is the [Insert number] amendment to the Contract.

D. References in this Agreement to the Contract are to the Contract as previously amended or varied.

IN CONSIDERATION OF the Parties agreeing to amend their obligations in the existing Contract, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to keep, perform, and fulfil the promises, conditions and agreements below:

1. The Contract is amended as follows: a. ______________________________________________________________________________________________________________________________________________________________.

No Other Change

2. Except as otherwise expressly provided in this Agreement, all of the terms and conditions of the Contract remain unchanged and in full force and effect.

Miscellaneous Terms

3. Capitalised terms not otherwise defined in this Agreement will have the meanings ascribed to them in the Contract. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine include the feminine and vice versa. No regard for gender is intended by the language in this Agreement.

Governing Law

4. Subject to the terms of the Contract, it is the intention of the Parties that this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of [Insert country], without regard to the jurisdiction in which any action or special proceeding may be instituted.

IN WITNESS WHEREOF the Parties have duly affixed their signatures on [Insert date]

_______________________________

Name: ______________________ Address: ________________________

Related Documents

Advertising agreement, arbitration agreement, barter agreement, business sale agreement.

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Contract Assignment Agreement

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This Contract Assignment Agreement document is used to transfer rights and responsibilities under an original contract from one Party, known as the Assignor, to another, known as the Assignee. The Assignor who was a Party to the original contract can use this document to assign their rights under the original contract to the Assignee, as well as delegating their duties under the original contract to that Assignee. For example, a nanny who as contracted with a family to watch their children but is no longer able to due to a move could assign their rights and responsibilities under the original service contract to a new childcare provider.

How to use this document

Prior to using this document, the original contract is consulted to be sure that an assignment is not prohibited and that any necessary permissions from the other Party to the original contract, known as the Obligor, have been obtained. Once this has been done, the document can be used. The Agreement contains important information such as the identities of all parties to the Agreement, the expiration date (if any) of the original contract, whether the original contract requires the Obligor's consent before assigning rights and, if so, the form of consent that the Assignor obtained and when, and which state's laws will govern the interpretation of the Agreement.

If the Agreement involves the transfer of land from one Party to another , the document will include information about where the property is located, as well as space for the document to be recorded in the county's official records, and a notary page customized for the land's location so that the document can be notarized.

Once the document has been completed, it is signed, dated, and copies are given to all concerned parties , including the Assignor, the Assignee, and the Obligor. If the Agreement concerns the transfer of land, the Agreement is then notarized and taken to be recorded so that there is an official record that the property was transferred.

Applicable law

The assignment of contracts that involve the provision of services is governed by common law in the " Second Restatement of Contracts " (the "Restatement"). The Restatement is a non-binding authority in all of U.S common law in the area of contracts and commercial transactions. Though the Restatement is non-binding, it is frequently cited by courts in explaining their reasoning in interpreting contractual disputes.

The assignment of contracts for sale of goods is governed by the Uniform Commercial Code (the "UCC") in § 2-209 Modification, Rescission and Waiver .

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At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

Contract Assignment Agreement - FREE - Sample, template

Country: United States

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Understanding an assignment and assumption agreement

Need to assign your rights and duties under a contract? Learn more about the basics of an assignment and assumption agreement.

Get your assignment of agreement

by   Belle Wong, J.D.

Belle Wong, is a freelance writer specializing in small business, personal finance, banking, and tech/SAAS. She ...

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Updated on: November 24, 2023 · 3 min read

The assignment and assumption agreement

The basics of assignment and assumption, filling in the assignment and assumption agreement.

While every business should try its best to meet its contractual obligations, changes in circumstance can happen that could necessitate transferring your rights and duties under a contract to another party who would be better able to meet those obligations.

If you find yourself in such a situation, and your contract provides for the possibility of assignment, an assignment and assumption agreement can be a good option for preserving your relationship with the party you initially contracted with, while at the same time enabling you to pass on your contractual rights and duties to a third party.

An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract. The party making the assignment is called the assignor, while the third party accepting the assignment is known as the assignee.

In order for an assignment and assumption agreement to be valid, the following criteria need to be met:

• The initial contract must provide for the possibility of assignment by one of the initial contracting parties.
• The assignor must agree to assign their rights and duties under the contract to the assignee.
• The assignee must agree to accept, or "assume," those contractual rights and duties.
• The other party to the initial contract must consent to the transfer of rights and obligations to the assignee.

A standard assignment and assumption contract is often a good starting point if you need to enter into an assignment and assumption agreement. However, for more complex situations, such as an assignment and amendment agreement in which several of the initial contract terms will be modified, or where only some, but not all, rights and duties will be assigned, it's a good idea to retain the services of an attorney who can help you draft an agreement that will meet all your needs.

When you're ready to enter into an assignment and assumption agreement, it's a good idea to have a firm grasp of the basics of assignment:

• First, carefully read and understand the assignment and assumption provision in the initial contract. Contracts vary widely in their language on this topic, and each contract will have specific criteria that must be met in order for a valid assignment of rights to take place.
• All parties to the agreement should carefully review the document to make sure they each know what they're agreeing to, and to help ensure that all important terms and conditions have been addressed in the agreement.
• Until the agreement is signed by all the parties involved, the assignor will still be obligated for all responsibilities stated in the initial contract. If you are the assignor, you need to ensure that you continue with business as usual until the assignment and assumption agreement has been properly executed.

Unless you're dealing with a complex assignment situation, working with a template often is a good way to begin drafting an assignment and assumption agreement that will meet your needs. Generally speaking, your agreement should include the following information:

• Identification of the existing agreement, including details such as the date it was signed and the parties involved, and the parties' rights to assign under this initial agreement
• The effective date of the assignment and assumption agreement
• Identification of the party making the assignment (the assignor), and a statement of their desire to assign their rights under the initial contract
• Identification of the third party accepting the assignment (the assignee), and a statement of their acceptance of the assignment
• Identification of the other initial party to the contract, and a statement of their consent to the assignment and assumption agreement
• A section stating that the initial contract is continued; meaning, that, other than the change to the parties involved, all terms and conditions in the original contract stay the same

In addition to these sections that are specific to an assignment and assumption agreement, your contract should also include standard contract language, such as clauses about indemnification, future amendments, and governing law.

Sometimes circumstances change, and as a business owner you may find yourself needing to assign your rights and duties under a contract to another party. A properly drafted assignment and assumption agreement can help you make the transfer smoothly while, at the same time, preserving the cordiality of your initial business relationship under the original contract.

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Amendment Agreement | Practical Law

Amendment Agreement

Practical law standard document 1-523-2278  (approx. 17 pages).

Amendment Contract Templates

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• Amendment Contract
• Agreement Amendment

Amendment contract making has been made easier with the help of our 100% customizable, printable, easily editable, and high-quality templates. The best thing about our amendment contract templates is that they are all ready to use and downloadable in all formats of Google Docs, MS Word, and Apple Pages. By downloading our templates we assure you that they are all professionally crafted in order to make it more convenient to use. Feel free to customize our templates which is pre-formatted already and requires a minimal amount of editing. Our quick and time-saving Amendment Contract Templates are made available for you in different sizes to better match your preferences. Let us assist you in your contract making by clicking the download button right now!

What Is an Amendment Contract?

An amendment contract is a formal and official change made to a legal document or contract. The word amendment is based on the verb to amend, which means to change for better. An amendment may update, remove, and add parts to an existing agreement . It is often used when it's better to change the existing contract rather than to create another one. In other terms, an amendment contract may also be referred to as an alteration since it alters the existing document. In an amendment contract, both parties involved should agree to the revision and changes that are going to happen.

How To Write an Amendment Contract?

Written contracts play a vital role in everyday negotiations. Along with the importance of a written contract is the contract amendment which is usually applied if there are certain provisions in the contract that needs to be changed or addressed. All forms of negotiations where a contract is involved may be amended such as employment contracts, residential lease, purchasing and partnership agreement contracts, construction agreement, and services contract . In general, contracts are considered legal documents, which only means that it needs to be formal and credible. We have provided a simple step-by-step guide below that might help you in your amendment contract making.

1. Study of Existing Contract

The first step to successfully make an amendment in the sample contract is to read and study it first. If possible, talk with both parties involved in the contract what needs to be amended and why does it need to be changed. Making amendments for legally binding documents such as this is not an easy task to do. You may opt to let both parties involved sign an amendment form in order to make the process formal.

2. Differentiate Amendment From Addendum

When making an amendment contract, you have to take note of the basics. Amendment and addendum are commonly used terms in contract law. Basically, the amendment means any alteration or revision of an existing document. And contract addendum, on the other hand, does not fully change the contract, it only adds to it. Take note of this and don't be confused when using them for your simple contract making.

3. Know What Provisions Needs To Be Amended

After successfully differentiating the important terms used in an amendment contract, it's now time to make the revisions. The best option to do this is to meet with both parties involved, talk with them properly what certain terms or provisions in the company contract do they wish to change. Take note of their concerns and keep them in mind while revising the contract.

4. Check Everything For Correctness

Since an amendment contract is a formal document, you have to make sure that all the details and changes stated in it must be factual and true. Conduct proofreading to ensure correctness. Are all the needed changes made? If you're confident that you have done everything perfectly, you may now proceed to the last step.

5. Present The Amendment Contract

After applying all the changes in the contract, it's now time to present it to your clients. Evaluate and review the formal document together with them, be prepared also to answer all their queries about the contract.

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Assignment and Assumption of Agreement Template

Also referred to as an assignment and assumption, an assignment and assumption agreement is an  agreement that is established when one party of a contract wishes to transfer his or her contractual obligations and rights to another party .

ASSIGNMENT AND ASSUMPTION OF AGREEMENT

This Assignment and Assumption of an Agreement (the “Assignment”) is made as of the date of execution on the signature page below by and between [PARTY ASSIGNING THE AGREEMENT] , (the “Assignor”), and [PARTY BEING ASSIGNED THE AGREEMENT] (the “Assignee”), with each having a place of business at the address indicated on the signature page below. Both the Assignor and the Assignee may be referred to individually as a “Party” and collectively as the “Parties.”

WHEREAS, the Assignor entered into an agreement with [THIRD PARTY] (the “Other Party”) whereby [DESCRIBE AGREEMENT BETWEEN ASSIGNOR AND THIRD PARTY] on or around [DATE] (the “Agreement”);

WHEREAS, on or around [DATE] the Assignor obtained written consent from the Other Party to the assignment of the Agreement to the Assignee;

WHEREAS, the Assignee has received a copy of the Agreement and agrees to perform pursuant to the terms and conditions articulated therein; and

WHEREAS, the Assignee hereby accepts assignment of the agreement pursuant to the terms and conditions hereunder.  

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the Parties agree as follows:

ASSIGNMENT. Effective [DATE] (the “Effective Date”), the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor all of the Assignor’s rights and obligations under the Agreement.  

CONSIDERATION. In consideration of the assignment granted hereunder, the Assignee agrees and acknowledges that it shall pay to the Assignor $ [AMOUNT] on or before three (3) days from the date of this Assignment. The Parties agree and acknowledge that the assignment hereunder shall not be effective until such amount is paid accordingly.  

INDEMNIFICATION. The Parties agree and acknowledge that without a release from the Other Party, the Assignor remains liable for the performance thereunder. As such, to the extent permitted by applicable law, the Assignee shall indemnify the Assignor against all suits, claims, causes of action that the Other Party asserts against the Assignor arising under or with respect to the Agreement, any other documents or instruments delivered pursuant thereto, or otherwise based on or related to any of the foregoing, including, but not limited to, contract claims, statutory claims, tort claims, and all other claims at law or in equity with respect to the rights and obligations sold and assigned pursuant to this Assignment that arise on or after the Effective Date.  

REPRESENTATIONS AND WARRANTIES. The Assignor represents and warrants that: (i) it is the legal and beneficial owner of the rights assigned hereunder; (ii) the rights assigned hereunder are free and clear of any lien, encumbrance, or other adverse claim to the best of its knowledge; (iii) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and to consummate the transactions contemplated herein.

MISCELLANEOUS.

• Independent Representation. Each Party acknowledges that he or she has been represented by independent legal counsel of his or her own choice throughout all of the negotiations which preceded the execution of this Assignment (or has waived such right) and that he or she has executed this Assignment with the consent and upon the advice of such independent legal counsel.
• Assignment. No Party may assign or transfer its rights or obligations under or interest in this Assignment without the prior written consent of the other Party.
• Integration. This Assignment constitutes the entire understanding and agreement of the Parties with respect to its subject and supersedes any prior agreements.
• No Waiver. No term of this Assignment may be waived, modified, or amended except by an instrument in writing signed by both of the Parties. Any waiver of the terms hereof shall be effective only in the specific instance and for the specific purpose given.
• Governing Law; Venue. This Assignment shall be construed with and governed by the substantive laws of the State of [STATE] . Should any claim or controversy arise between the Parties under the terms of this Note or in furtherance of this Assignment, such claim or controversy shall be resolved only in the state or federal courts located in [COUNTY, STATE] .
• Counterparts. This Assignment may be executed in one or more counterparts, each of which shall be deemed original, but all of which together shall constitute one and the same instrument.
• Notices. All notices, requests, demands and other communications required or permitted under this Assignment shall be in writing and shall be deemed to have been duly given, made and received only when delivered (personally, by courier service such as Federal Express, or by other messenger) or when deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, or by email, addressed as set forth below or as communicated by either Party after the execution of this Assignment:

Name: [NAME]

Address: [ADDRESS]

Email Address: [EMAIL ADDRESS]

• Attorney’s Fees. The prevailing party in any action arising out of this Assignment shall be entitled to recover reasonable attorney’s fees as part of any judgment

[signature page to follow]

IN WITNESS WHEREOF, the Parties have executed this Assignment in accordance with the dates as indicated below.

[ASSIGNOR]:

_______________________________ _________

Signature Date

_____________________________________________

City, State, Zip

[ASSIGNEE]:

_______________________________ _________  

Our templates are intended for reference use. Concord holds no responsibility for any reliance placed on these templates. These templates do not constitute legal counsel and should not be treated as such. By using any of these templates, you acknowledge and consent to these conditions.

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WTO / Real Estate / Lease Agreements / Free Lease Amendment Forms (PDF, Word)

Free Lease Amendment Forms (PDF, Word)

When a tenant moves into a new rental property , they are typically presented with a lease to sign by the landlord. This lease outlines the terms of the rental agreement, including the lease duration, rent amount, and other regulations, such as pet policies. If any terms in the lease need to be modified, such as extending the lease or changing rent amounts, both parties must create and sign a lease amendment form.

Lease Amendment Forms: Definition and Usage

A lease amendment form , sometimes referred to as a lease addendum, lease amending agreement, lease modification agreement, or an amendment to the lease, allows the tenant and landlord to agree on new terms without creating an entirely new lease agreement.

The amendments are typically allowed only under specific circumstances, which are outlined in the original lease agreement.

Significance of lease amendments in rental agreements

A lease for any rental property serves as a legally binding contract that both parties must adhere to. Unless the original lease explicitly allows the landlord to modify certain rules, any changes require a new written agreement.

Both the landlord and tenant must agree and sign this new document before implementing the changes. If either party wishes to alter the lease’s duration, rent amount, or other fees, they must create the form, sign it, and date it together.

How to Amend a Lease?

Amending a lease involves clear communication and understanding of the necessary steps.

Here is a detailed guide to help you navigate the process:

Step 1: Communicate with the other party

Whether the tenant or the landlord initiates the amendment, they must communicate their intentions to the other party.

If a tenant wants a new roommate or a pet, they should discuss their request with the landlord.

Negotiations may be needed to reach an agreement. Avoid drafting the form without first consulting the other party.

Step 2: Create a lease amendment form

After reaching an agreement, draft the form using the original lease as a reference. Include the terms or sections you wish to change and the lease start date to avoid confusion.

Once the form is complete, it can be delivered by hand or sent through email. The recipient should review the agreement for accuracy and potential modifications.

Step 3: Review local and state laws

Both the tenant and landlord must ensure the amendment complies with local and state laws. Even if both parties agree on the amendment terms, it will not be valid if it conflicts with legal requirements.

Step 4: Sign the lease amendment

An electronic version of the form is recommended for easy reference and to prevent loss. If sent through email, both parties can use online signing platforms to electronically sign the form. This process verifies signatures based on email and location.

Once both parties have signed the amendment, it should be attached to the original lease, and copies should be distributed to both parties.

What to Include in a Lease Amendment Form

The form must contain all necessary information to ensure both parties understand the changes being made to the original lease.

Here are the essential sections that should be included in the form, along with detailed explanations:

Property address

Include the full property address as stated in the original lease agreement to avoid confusion. This should consist of the street address, apartment or unit number, city, state, and zip code. Providing the complete address ensures that both parties are clear about the property in question.

Lease agreement and amendment dates

Mention the name and date of the original lease agreement as a reference point. If the lease is being extended, include the new dates for clarity. This section ensures both parties understand the timeline of the original agreement and the changes made by the amendment.

Landlord’s personal information

Provide the landlord’s full name, any business name used for their properties, their complete address, city, state, zip code, and contact information (phone and email). Including the landlord’s information ensures proper identification and facilitates communication.

Tenant’s personal information

Include the tenant’s full name, complete address, email address, and phone number. This section helps to identify the tenant(s) involved in the lease and the amendment, ensuring accurate records.

Details of the amended provisions

This section outlines the specific changes being made to the original lease. It may include adjustments to the rent amount, lease length, maintenance responsibilities, or any other terms that both parties have agreed to modify. When addressing changes to roommates, property usage or boundaries, pet policies , or subletting rules, provide clear and detailed information to avoid misunderstandings.

If adding a new roommate, include their full name, contact information, and clarify their responsibilities in relation to the lease. If changes are being made to the pet policy, specify the type and number of pets allowed and any additional fees or deposits required.

Both parties must agree to the changes before signing the amendment, and it is essential to document all details and negotiations clearly.

Other terms

Most amendments only address one or a few aspects of the original lease, while the other terms remain unchanged. Explicitly state that all other terms of the original lease, such as the lease start and end dates, rental amount, and any other provisions, will remain the same when the amendment goes into effect.

Counterparts

The form may allow for counterparts, enabling the execution of the amendment when parties are in different locations. Specify the process for signing and exchanging counterparts, ensuring both parties understand how the amendment will be executed and finalized.

Governing law

Reference all local and state laws when completing the form to ensure compliance with legal requirements and proper terminology. If necessary, consult with an attorney or legal expert to verify that the amendment is in accordance with applicable laws and regulations.

All parties, including the landlord and all tenants listed on the lease, must sign the amendment for it to take effect. Specify the process for signing the amendment, whether it is done in person or electronically. Once the amendment is signed by all parties, it becomes legally binding and forms part of the original lease.

Lease Amendment Templates

Given below are the lease amendment free templates:

Different Types of Lease Amendment Forms

Various amendment forms cater to different situations that may arise between a tenant and a landlord.

Here are some common types of the forms:

Add or remove a tenant lease amendment

This type of amendment is used when an original tenant moves out or a new tenant is added during the lease term. The remaining tenants and the landlord should discuss the change and complete the form to update the lease accordingly. This amendment may also address changes to the rental amount or responsibilities.

Lease extension agreement

A lease extension agreement allows the tenant and landlord to extend the lease term without creating a new lease. This can convert the original lease to a month-to-month arrangement or extend the end date by a specified duration. Lease extensions benefit both parties by providing stability and a continuous income stream for the landlord.

Rent forgiveness lease amendment

In situations where a tenant temporarily cannot pay rent, a rent forgiveness amendment may be negotiated with the landlord. This amendment allows the tenant a specified grace period to recover financially, helping them avoid eviction. Tenants must discuss this option with their landlord and receive approval before implementing a rent forgiveness amendment.

Increase or decrease rent lease amendment

Both parties may agree to change the rent amount during the lease term. Typically, rent increases occur due to market fluctuations, while rent decreases might be negotiated under specific circumstances. Changes to the rent amount must be documented in the form and agreed upon by both parties before the new payments take effect.

Pet lease amendment form

Landlords may revise their pet policy to accommodate certain tenants or in response to previous tenants’ behavior. Whether a landlord decides to allow pets or revoke permission, a pet lease amendment must be signed by both parties to formalize the change. This amendment may also include any additional fees, deposits, or rules related to pet ownership on the property.

The Importance of Recording Lease Amendment

Failing to record the amendment can have various negative consequences for both landlords and tenants.

Here are some potential issues that may arise from not documenting amendments:

Financial losses and wasted time

Landlords may lose money and time if they have to create a new lease agreement or pursue legal action for lease violations. Tenants may face unexpected rent increases or penalties for having a pet they thought was approved by the landlord.

Increased stress

Both parties may experience mental stress due to uncertainty about the terms of the lease and potential conflicts over verbal agreements.

Lack of legal protection

Without a written amendment, the original lease terms remain in effect. If a dispute arises between the landlord and tenant, a documented amendment can provide legal protection and evidence of the agreed-upon changes.  

Final Thoughts

Lease amendments play a crucial role in making necessary changes to rental agreements while maintaining a legally binding contract between landlords and tenants. Proper communication and adherence to local and state laws are essential in ensuring a smooth amendment process. By understanding the various types of amendments, the steps involved in amending a lease, and the potential consequences of not recording the amendments, both landlords and tenants can navigate these changes effectively and avoid misunderstandings or disputes. Ultimately, a well-drafted amendment form protects the interests of both parties and promotes a harmonious rental relationship.

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